الضمانات الدولية والوطنية لحقوق النازحين (العراق أنموذجاً)

The International and the Local Guarantees for Rights of Refugees (Iraq as a Sample)
البحث في الرسائل
الباحث
ثامر جمعة محمد الخالدي
المشرف
محمد ذنون يونس
الجامعة
جامعة الموصل
الكلية / القسم
كلية الحقوق / قانون حقوق الإنسان
الشهادة
دبلوم عالي
السنة
—
لغة الرسالة
عربي
الكلمات المفتاحية
حقوق النازحين; الضمانات الدولية; الضمانات الوطنية; العراق

Abstract

The phenomenon of displacement is one of the most dangerous phenomena suffered by most peoples and which has swept through the modern era due to international, local, and regional conflicts, as well as natural disasters, in addition to human rights violations that lead, in one way or another, to the displacement of individuals or communities from their places of residence. The displacement phenomenon is distinguished from other phenomena that share with it the element of leaving one's home in that the displaced person remains legally a citizen of the country from which he or she was displaced, moving from one place to another that is more suitable and secure. The research included a historical and international study of the displacement phenomenon in order to identify its main causes and the extent of the international response to addressing it and ensuring the basic rights of the displaced in light of the displacement and homelessness experienced by many categories of different peoples, including the Iraqi people. The research aimed to highlight the most important remedies provided by international law and local laws and the extent of their guarantees for the rights of the displaced. The importance of research lies in identifying the strengths and weaknesses of international and local treatments and guarantees in light of the harsh conditions experienced by refugees, which threaten their economic, social, security, and tranquility stability. The research covered the topic in three sections. The first section defined the rights of refugees and the nature of displacement. The second section included international guarantees for the rights of refugees and their historical development, while the third section focused on the rights of refugees under Iraqi legal regulations. Through the research, it became clear that the phenomenon of displacement is a global phenomenon, but international legislation has not provided for the guarantee of the rights of those groups who have been displaced independently and directly. Although the Geneva Conventions and their basic protocols ensured the rights of civilians in armed conflicts, they did not address the phenomenon of displacement resulting from military operations. Looking at Iraqi national legislation, all Iraqi systems since the establishment of the Iraqi state have not included any provisions to guarantee the rights of refugees, and have not addressed the issue of displacement, despite the fact that their constitutions included sections on human rights, basic rights, and the freedom of Iraqi citizens. Iraqis have suffered the most from displacement and forced migration during the US occupation of Iraq. Government decisions and the efforts of international organizations have contributed to providing support for refugees and returning them to their original places of residence, but many displaced families still suffer from homelessness and the lack of government, international, regional, and local attention to their rights.

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