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العنوان
حماية الأعيان الدينية إبان النزاعات المسلحة في ضوء قواعد القانون الدولي الإنساني /
المؤلف
على، محمد عبد السلام محمد.
هيئة الاعداد
باحث / محمـــد عبـــد الســــلام محمـــد علـــى
مناقش / حســــام أحمــــد محمـــد هنــداوى
مشرف / عــــــــادل عبـــــــد الله المسّــــــــدى
مناقش / معمـر رتيب محمـد عبد الحافـظ
الموضوع
القانون الدولي العام.
تاريخ النشر
2023.
عدد الصفحات
305 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
27/5/2023
مكان الإجازة
جامعة بني سويف - كلية الحقوق - القانــون الدولـي العـــــام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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المستخلص

An extensive study of the issue of protecting religious objects during armed conflicts through international humanitarian law rules, requires reaching a clear and precise definition of these objects. Hence, it can be said that they are places of a religious-spiritual, or religious-cultural, or religious-sacred nature, and people go to them; as a means of drawing closer to their Lord; And the acquisition of spirituality hoped for them.
The images of religious objects varied between places of prayer and worship, religious shrines and shrines, religious statues and monuments, and other images that indicate these objects referred to. Its importance also lies in spiritual importance, economic importance, and political importance.
In the past,The peoples’ view of the protection of religious objects differed, and that was in the ancient and medieval times, as its protection was limited to the Greeks only on the objects located on their lands, as was the case with the Romans. In contrast, Muslims worked during the Islamic conquests to protect religious objects, without regard to their subordination.
In modern times, there have been international attempts;To approve legal texts aimed at protecting religious objects, especially in times of armed conflict or war. It should be noted that some of these attempts were unsuccessful, while others were successful, and crystallized in the form of international agreements, perhaps the most important of which are the Fourth Geneva Convention of 1949, the two additional protocols of 1977, the Hague Convention of 1954, and its second protocol of 1999. The protection of the aforementioned objects is achieved through forms, such as general protection, which is represented in protecting religious objects and ensuring their respect, and special protection for those objects that are the cultural heritage of peoples, and enhanced protection, which included the protection of the aforementioned objects more effectively.
In the same context, there are many international preventive and monitoring mechanisms that work to apply the rules of international humanitarian law in this regard, through which we can determine the extent of the effectiveness of these legal rules in providing international protection for religious objects at times of armed conflicts.
Also, although the decisions of international organizations, whether global or regional, in this regard lack legal value in their implementation, in the reality of international practices, they play an important role in contributing to the establishment of legal rules protecting religious objects.
It goes without saying that acknowledging international responsibility for attacks on religious objects at times of armed conflict, whether civil or criminal, requires the effectiveness of the role of international justice, especially the role of the International Courts of Justice and the International Criminal Court.
At the conclusion of our study, we reviewed the results and recommendations that we concluded, perhaps the most prominent of which is not to conclude a special agreement to protect the objects referred to in times of armed conflict, despite the need for that. Hence, the international community must invite countries to conclude an agreement in this regard.