The Effectiveness of Implementing International Humanitarian Law in the Framework of Countering International Terrorism (Fa'aliyat Tatbiq al-Qanun al-Dawli al-Insani fi Itar Mukafahat al-Irhab al-Dawli)

Abstract

Since the beginning of the war on international terrorism, and specifically after the events of September 11, 2001, there has been a clear legal debate among jurists of international law, and within every academic discourse related to international terrorism, about the effectiveness and adequacy of the rules of international humanitarian law in facing the challenges posed by the phenomenon of international terrorism. cross border, or whether its rules are clearly prepared, and help in combating this phenomenon. However, the main problem that revolves around this issue, is dealing with terrorism in its current international context, taking place from an ideological and political perspective and its concept has been devoted in order to achieve many different interests, Despite the international agreement in jurisprudence and the judiciary of any country and under the provisions of international law, it has the right to combat all criminal acts that by their nature, objectives, and the means used in them are considered terrorist acts, so that the international community has an obligation to prepare the necessary means to combat this phenomenon. However, the main problem in this regard is the basic differences between the various legal frameworks that regulate armed conflict and terrorism, as the international and non-international armed conflict is a situation in which certain acts of violence are described as permissible and other acts of conflict are described as illegal. Terrorism is always illegal, Consequently, most international law experts have agreed that international humanitarian law is largely incapable of facing the challenges posed by the phenomenon of international terrorism, especially after the events that occurred in many Arab countries as a result of revolutions and the resulting political unrest and civil wars, in which extremist groups found ground. It is fertile to spread and control different regions in Libya, Syria, Yemen and Iraq. All this complexity about this issue is accompanied, of course, by the lack of a specific definition of terrorism .