以色列和巴勒斯坦在加沙战争中违反法律的严格赔偿责任

Dio Prasetyo Budi, Ilhamda Fattah Kaloko
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引用次数: 0

摘要

世界上发生的争斗和冲突是动态的,也是国家无法避免的。以色列和巴勒斯坦之间的冲突屡屡发生,但国际问责的实现却不符合现有规则。以色列作为一个国家,必须对战争中造成人员伤亡的事件的存在负责,也必须对相关个人负责。因此,必须根据国际法追究战争罪实施者的责任。这篇文章的问题是,以色列国对违反战争法应承担什么责任?这篇文章的结论是:以色列国对违反战争法的行为不承担任何责任,以色列对每一起违反国际法的行为都不受惩罚,当然这与国际政治有关,而国际政治被认为是非常不人道的。以色列没有批准《罗马规约》,因此,国际刑事法院肯定无法处理以色列犯下的战争罪案件,从而难以追究以色列违反战争法的责任。为了对战争罪行的实施者执行国际人道主义法,可以通过国际不法行为来执行,也可以通过以恢复原状、补偿和抵偿的形式对损失进行全面赔偿来实现,可以单独执行,也可以合并执行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
STRICT LIABILITY FOR BREACH OF THE LAWS OF THE WAR BETWEEN ISRAEL AND PALESTINS IN GAZA
Feuds and conflicts that occur in the world are dynamics that occur and things that cannot be avoided by the state. Conflicts between Israel and Palestine occur repeatedly, but the realization of international accountability has not been in accordance with existing rules. The existence of events that resulted in casualties in the war must be accounted for by Israel as a State, as well as the individuals involved. As a result of this action, the perpetrators of war crimes must be held accountable under international law. The problem with this article is what is the responsibility of the State of Israel for violating the laws of war? The conclusion of this article is: There is no responsibility of the State of Israel for violations of the laws of war, from every violation of international law Israel remains free from punishment, of course this is related to international politics which is considered very inhumane. Israel has not ratified the Rome Statute, so the ICC certainly will not be able to process cases of war crimes committed by Israel, making it difficult to hold Israel accountable for violations of the laws of war. In order for the implementation of international humanitarian law enforcement for perpetrators of war crimes, it can be carried out through Internationally Wrongful Acts, it can be realized by carrying out full reparations for losses in the form of restitution, compensation and satisfaction, either separately or in combination.
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