International Law
3 articles filed under this keyword.
Detaining ISIS terrorist suspects without trial by the USA in Rojava-Syria
Handren Ahmad Eahya, Rebaz Ismael Ali, Aram Nabee Mohammed
This study discusses one of the USA’s tactics or strategies, which is the detention of ISIS terrorist suspects without charge or trial in the case of Rojava, Syria. The significance of the subject is that it is one of the most controversial topics in contemporary politics and international laws. A political analysis method was used and the research data dealt with by examining a number of variables. This paper discusses different reasons that affected the non-solution of the tactic or strategy used by the USA government in the war on terror, as well as showing the division between international laws and provisions which are mentioned in international human rights law and in international humanitarian law. This paper will focus on whether the performance of the process of detaining terrorist suspects without trial is legal or illegal. The paper will also examine a case study of Rojava’s trials, Syria and how they deal with detainees. Furthermore, this study will try to explain non-governmental organizations’ (NGO) attitudes, as these have played an important role in the showing of the USA’s tactic. This study concludes that the detention of ISIS terrorist suspects without trial raises serious legal questions, particularly with regard to due process and the right to a fair trial. Under international law, individuals have the right to be brought before a competent court, to be informed of the charges against them, and to have access to legal counsel and a fair trail.
Volume 10 · Issue 3 · September 2023The Relationship Between Public International Law And Domestic Law In The International Perspective and the Effects on it due to Globalization
Shaheen Qasim Hasan, Kamal Saady Mustafa
This research, titled "The Relationship between Public International Law and Domestic law in the Perspective of Treaties and International Caselaw and the Effects of Globalization - Analytical Study-" tries to highlight the relationship between public international law and domestic law from the point of view of international treaties and international caselaw, through the judgments of international arbitration, Permanent Court of International Justice and the International Court of Justice, as well as the positions of international criminal tribunals, and it examines the changes in this relationship as a result of the effects of globalization. Through this endeavor, it was concluded that the position of international treaties has been and continues to prevail over domestic laws when there is a conflict or collision between their rules, and along with international legal provisions, there is an abundant caselaw that have supported the position of international treaties in this regard. Moreover, globalization has affected the relationship between public international law and domestic law by trying to unify international legal rules and domestic laws, and then work to build a unified legal block that is not assigned to a specific geographical spot.
Volume 8 · Issue 1 · March 2021The Future of Minorities in Post-ISIL Iraq
Zaianddin Mawlood Khidhir, Rostovanyi Zsolt, Zubir Rasool Ahmed
The period after June 2014 has seen forces from the Islamic State of Iraq and the Levant (ISIL), an armed group, spread quickly across Iraq. This process has led to massive displacements in which affected over two million people. Indeed, the primary targets of ISIL have been religious and ethnic minorities. Some of these groups include Yazidis, Shabak, Kaka’i, and Christians. Also, ISIL has abducted or injured many people, with thousands also killed. Examples of adverse actions that the armed group has committed include severe human rights abuses such as the looting of property, the abduction of children, the destruction of places of worship, sexual enslavement, rape, forced conversion, and summary executions. Whereas the period before the insurgency group’s entry still witnessed minorities exist as a vulnerable group, the violence led by ISIL has threatened to eliminate them permanently from regions such as the Nineveh Plains, have lived in these areas for several centuries. The main question purpose of this paper is to examine the future status of minorities in post-ISIL Iraq? ISIL. I will argue that although ISIL had been defeated in Iraq, their impact will be critical on Iraqi Minorities Even after the demise of ISIL. Currently, informal settlements, abandoned buildings, and camps in which the displaced persons live reflect deteriorating humanitarian conditions. With international agencies experiencing limited resources and also the government failing to offer an effective response, most of the international displaced people (IDPs)[1] do not have enough shelter, health care, water, food, and other essential items. Indeed, most vulnerable groups include children and women. At a time when the majority are contemplating emigration out of Iraq, their survival in the immediate and far future rests upon collaboration among four groups that include the international community, the Iraqi government, Kurdish authorities, and minorities themselves. Some of the specific areas that need to be addressed include the asylum dilemma, reconciliation and restoration, preventing future abuses, legislation, and humanitarian issues.