Volume 12 | Jumada Al Oula 1445 |
Issue 45 | December 2023 |
ISSN 24102237 |

Editorial
Israeli Violations in Occupied Palestine: Fully Constituted Crimes Under International Laws and Norms Requiring Urgent Action
By: Prof. Badria A. Al-Awadi
Editor-in-Chief
There is no doubt that the military actions committed by the Israeli occupation forces in the Gaza Strip, in particular, and in the West Bank and Jerusalem – in general – are considered full-fledged crimes that fall under the provisions of international humanitarian and criminal law, and the principle of non-prescription stipulated in the United Nations Convention undoubtedly applies to them. United Nations of 1968 regarding the non-applicability of the statute of limitations for war crimes and crimes against humanity.
Israeli Violations in Occupied Palestine: Fully Constituted Crimes Under International Laws and Norms Requiring Urgent Action
Chief-in-Editor Prof. Badria A. Al-Awadi
There is no doubt that the military actions committed by the Israeli occupation forces in the Gaza Strip, in particular, and in the West Bank and Jerusalem – in general – are considered full-fledged crimes that fall under the provisions of international humanitarian and criminal law, and the principle of non-prescription stipulated in the United Nations Convention undoubtedly applies to them. United Nations of 1968 regarding the non-applicability of the statute of limitations for war crimes and crimes against humanity.
The whole world has watched how the Israeli occupation army launched an aerial bombardment campaign in which it poured – and is still pouring – its fiery lava of bombs and missiles on the heads and homes of defenceless civilians throughout the Gaza Strip continuously and intensely, especially since the seventh of last October. They added to their bombardment deploying ground forces equipped with the latest equipment and machinery, which were launched from various border sites to occupy large areas of the Gaza Strip and besiege and destroy its civilian facilities, including the headquarters of hospitals, schools, and governmental and international institutions, in addition to factories, workshops, markets, complexes, etc., setting up checkpoints, killing and arresting civilians, including women, children and the elderly.
These barbaric military actions are not sanctioned by laws, international norms, divine laws, or human morals, and are described by international laws as “war crimes,” “crimes against humanity,” and “genocide.” These legal terms are definitions of three separate crimes, each of which has a different legal system and varying penalties at the national and international levels. The need to define and delineate them arose after World War II because they were committed on a large scale during that war and before it, and resulted in atrocities that devastate humanity. Therefore, the United Nations has sought since that time to determine its precise specifications and setting provisions for it that include injunctive penalties in clear international agreements to confront it and prevent its recurrence.
What do these crimes mean? Does what is happening in Gaza and Palestine apply to it?
Frist – War Crimes: Article (6) of the 1945 Charter of the Nuremberg International Military Tribunal defined it as: violations of the laws and customs of war, including: killing, ill-treatment or deportation in the form of labour and slavery or for any other purpose of the civilian population in occupied territory. The killing or ill-treatment of prisoners of war or persons on the high seas, killing hostages and stealing public or private property, destroying cities or villages, as well as destruction not justified by military necessity. The International Tribunals for the former Yugoslavia and Rwanda have expanded the concept of these crimes to include other “grave violations” of the four Geneva Conventions, this is confirmed by Article (8) of the Statute of the International Criminal Court.
Second – Crimes against humanity: The 1998 Rome Statute defined it as any “widespread or systematic attack on any civilian population,” and the International Criminal Court defined it as “acts committed in times of conflict and other times, including times of peace… provided that the act is not Humane in nature and characteristics and causing severe pain or serious injury to the body or to mental or physical health, The act must have been committed as part of a widespread or systematic attack, the act must have been committed against a civilian population, and the act must have been committed on one or more discriminatory grounds, such as national, political, ethnic, racial, or religious grounds. For its part, Amnesty International defines crimes against humanity as “crimes committed as part of a widespread or systematic attack against the civilian population as part of a state policy or a systematic policy during a period of peace or war,” including enforced disappearances, murder, slavery, rape, deportation or forcible transfer of population.”
Third – Genocide crimes: The United Nations Convention on the Prevention and Punishment of the Crime of Genocide of 1948, ratified by 149 states, defines it as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group by killing and causing serious physical or psychological harm to its members, “Inflicting collective damage on living conditions intended for their complete or partial physical destruction, and imposing measures aimed at preventing birth within that group and forcibly transferring its children to another group.”
In light of the brief review of the concepts of these three types of crimes and their comparison with what is committed by the Israeli occupation army in Gaza in particular and in Palestine in general, it is clear and confirmed that what is happening there meets these conventional definitions and legal descriptions, as confirmed by the judicial applications of international courts, and that these are crimes that did not begin since October 7, 2023, but rather go back more than 76 years, which requires legal action to confront them according to the available mechanisms, which is The responsibility of free countries and organizations that reject the occupation and stand by the occupied Palestinian people, whose land and sanctities are being usurped.
It is true that international law may lack executive mechanisms and is subject to international balances of power, and some may dismiss its legal status at all, but it is a forum and platform for defending the rights of peoples and condemning the occupiers and those who support them, and on many occasions, it has been a legal basis for restoring rights. What also reinforces the continuation and insistence on this approach is that this type of crime does not have a statute of limitations in accordance with the 1968 United Nations Convention.
Content
Arabic Studies and Research
Constitutional Controls for Imposing and Allocating Tax – Financial Deduction for the Benefit of the Kuwait Foundation for the Advancement of Sciences (KFAS) as a Model: An Analytical Study ( Cloned )
Dr. Sarah Khaled Al Sultan
Assistant Professor of Financial and Tax Laws
Department of Public Law, Faculty of Law,
University of Kuwait
Protection from Wife’s Violence by Beating: A Comparative Jurisprudential Study with the Law of Protection from Domestic Violence in the State of Kuwait
Dr. Ali Sulaiman Alsaleh
Associate Professor of Comparative Jurisprudence and Sharia Politics
College of Sharia & Islamic Studies, University of Kuwait
Constitutional Controls for Imposing and Allocating Tax – Financial Deduction for the Benefit of the Kuwait Foundation for the Advancement of Sciences (KFAS) as a Model: An Analytical Study
Dr. Sarah Khaled Al Sultan
Assistant Professor of Financial and Tax Laws
Department of Public Law, Faculty of Law,
University of Kuwait
Cohabitation and its Limits after Divorce: A Jurisprudential Study Compared to the Kuwaiti Personal Status Law
Dr. Manal Ali Al Enezi
Assistant Professor of Comparative Jurisprudence and Sharia Policy
College of Sharia & Islamic Studies
University of Kuwait
Refusal of Medical Treatment and its Impact on Compensation in French and Kuwaiti Laws
Dr. Mariam Tamam Al Sabah and Dr. Latifa Walid Al-Zamil
Assistant Professors of Civil Law
Department of Private Law, Faculty of Law
University of Kuwait
The Role of the National Olympic Committee from a Functional Perspective: A Comparative Study
Prof. Dr. Mouhannad M. Nouh
Department of Public Law, College of Law
University of Qatar, Doha, State of Qatar
The Effects of the Emerging Coronavirus (Covid-19) Pandemic on Legal Terms: A Study in Emirati Law
Ms. Iman Khamis Al Yahyaee
Ph.D. Researcher in Private Law
College of Law, University of Sharjah, UAE
Prof. Adnan Ibrahim Sarhan
Dean & Professor of Civil Law
College of Law, University of Sharjah, UAE
The Legal Regime of Auditors in State of Qatar: An Analytical and Critical Study
Dr. Mohamed Salem Abou El Farag
Associate Professor of Commercial and Maritime Law
College of Law, University of Qatar
Doha, State of Qatar
The Dark Legal Side of Artificial Intelligence: A Critical Analytical Study
Dr. Nizar Hamdi Qeshta
Associate Professor of Criminal Law
Faculty of Law, Sharqiyah University, Sultanate of Oman
Dr. Khalil Al Busaidi
Assistant Professor of Public Law
Faculty of Law, Sharqiyah University, Sultanate of Oman
Dr. Fatima Ayat Al Ghazi
Associate Professor, College of Legal, Economic and Social Sciences,
Moulay Ismail University, Meknes, Kingdom of Morocco
Criminal Liability for Electronic Use by Minors and Persons with Disabilities with the Intention of Exploiting them in Pornographic work: A Comparative Critical Analytical Study in Kuwaiti and Jordanian Legislation
Dr. Abdullah Majid Al Akaila
Associate Professor of Criminal Law
Faculty of Law, Ajloun National University
The Hashemite Kingdom of Jordan