Legal status of a foreigner during armed conflict
Keywords:
(Foreign, armed conflicts, unarmed, Geneva Convention).Abstract
Determining the status of a foreigner is within the jurisdiction of national law, and the state is the owner of sovereignty over its territory and has the right to extend its authority over the foreigners present in it, but the foreigner in the country in which he resides permanently or temporarily may be exposed to the scourge of wars and armed conflicts, so there must be protection for him as a civilian and a party Weak and needs protection. This protection is guaranteed by international humanitarian law through the four Geneva treaties of 1949. These conventions were a humanitarian action against any violation of the rights of civilians. These conventions contained rules for the protection of victims of war and armed conflicts, as well as the adoption of two protocols in 1977 annexed to the first convention on international armed conflicts. The second relates to non-international armed conflicts
References
Sources and References
First/ Books:
1. Al-Atradchi, Muhammad, (2013), The Foreigner and Technical Means of Regulating His Legal Status, Margret Center Publications.
2. Abu Haif, Ali, (1995), Public International Law, Alexandria, Manshaat Al-Maaref.
3. Al-Harbawi, Ali; Khalil, Asim, (2008), Armed Conflicts and Women's Security, Al-Nasher Advertising and Publicity Foundation.
4. Al-Hassoun, Saleh, (1981), The Rights of Foreigners in Iraqi Law, 1st ed., Dar Al-Afaq Al-Jadida.
5. Al-Haddawi, Hassan; Al-Dawudi, Ghaleb, (1988), Private International Law, Dar Al-Kutub Press, University of Mosul.
6. Raslan, Ahmad, (1986), The Theory of International Conflict - A Study in the Development of the Contemporary International Family, Egyptian General Book Organization, Cairo.
7. Abdulrahman, Jaber, (1949), Private International Law, 1st ed., Iraqi Publishing and Printing Company Limited, Baghdad.
8. Makki, Omar, (Regional Coordinator for International Humanitarian Law in the Middle East), International Humanitarian Law in Contemporary Armed Conflicts, Copyright reserved by the International Committee of the Red Cross.
Second/ University Theses and Dissertations:
1. Al-Muhandis, Ibrahim, (2018), School of Strategic and International Studies, Master's Thesis, Department of Political Science, Libya.
2. Hasila, Qussim, (2018), The Legal Status of Illegal Immigrants in the Future State, Master's Thesis, Abdulrahman Mira University, College of Law and Political Science.
3. Khalil, Khalil Ahmed, (2008), The Protection of Civilians in International Armed Conflicts in International Law and Islamic Law, PhD Thesis, St. Clements International University.
4. Zayed, Ben Issa (2016-2017), Distinguishing between International and Non-International Armed Conflicts, PhD Thesis in Law, Khedir University of Biskra, Faculty of Law and Political Science.
5. Sarah, Othmaniya; Basma, Zendawi (2017-2018), Mechanisms for Combating Illegal Immigration, Master's Thesis, University of May 8, 1945, Faculty of Law and Political Science.
6. Raouf, Mansouri (2013-2014), Illegal Immigration from a Human Security Perspective, Master's Thesis, University of Setif, Faculty of Law and Political Science.
7. Aziz, Sabah (2015), The Crime of Forced Displacement, Master's Thesis, Al-Nahrain University, Faculty of Law.
8. Mohamed, Youhana (2015-2016), Treatment of Foreigners under Contemporary International Law, Master's Thesis, University of Ben Khedda, Faculty of Law, Algeria.
Third/ Research and Studies:
1. Ahmed, Samir, (2016), The Legal Basis for Regulating the Right of Displaced Persons and Refugees to Own Property in the Kurdistan Region, Tikrit University Journal of Law, Year (1), Volume 1, Issue 1, Part 1.
2. Ashramiya, Ahmed (2016), Classification of Armed Conflicts: Between the Adequacy of the Text and the Need for Amendment, a paper submitted to the conference (The Faithful Application of International Humanitarian Law), University of Applied Sciences, Jordan.
3. Al-Fatlawi, Ahmed; Al-Kassar, Rabab (2020), The Obligation to Keep Civilians Away from Hostilities in Light of International Humanitarian Law, a paper published in the Journal of Kufa Studies, Issue 65, University of Kufa.
4. Al-Issawi, Ammar; Hassan, Riyadh (2015), The Legal Status of Internally Displaced Persons in International Humanitarian Law (Iraq as a Model), Journal of the College of Islamic University, Najaf.
5. Al-Matloum, Jawdat (2018), Protection of Women, Children, and the Elderly in Sharia and International Law, a paper submitted to the International Journal of Islamic Studies, Volume 1, Issue 1.
6. Hamoud, Wathiq (2017), The European Union's Position on the Phenomenon of Illegal African Migration, a paper submitted to the Journal of the College of Law for Legal Sciences and Political, Volume (5), Issue (20).
7. Khamas, Nibras; Attia, Samira, (2017), The Phenomenon of Displacement in Iraq: A Field Study of the Problems of Displaced Persons from Nineveh Governorate to Maysan Governorate as a Model for the Year 2016, Basra Research Journal for Humanities, Issue 5, Volume 42.
8. Sharif, Kadhim, (2016), The Legal Status of the Popular Mobilization Forces in International Humanitarian Law, University of Maysan, College of Law, Volume (1), Issue (27).
9. Yazji, Amal, (2018), Non-International Armed Conflicts - Basic Concepts - Research Published at Damascus University for Economic and Legal Sciences, Volume 34, Issue 1.
Fourth/ Internet Sites:
1. Hussam, Baha al-Din, Judicial Rulings Issued During Non-International Armed Conflicts. dergifork.org.tv.
2. James Stewart, Towards a Single Definition of Armed Conflict in International Humanitarian Law: A Critical Perspective on Internationalized Armed Conflict www.icrc.org/ar/doc/assets/files
3. Preamble to the Statute of the United Nations High Commissioner for Refugees