(إسقاط الأمان عن الجميعِ أثنـاء النِزاع المُـسلح )

Denial of security for all during armed conflict

Abstract

The behavior of dropping security is considered a dangerous behavior, and the statute of the International Criminal Court has placed this behavior among the serious violations of scabies crimes under Article (8) 2 (b); This is due to the effects of behavior in violation of human rights that are not subject to any humanitarian standards.
The Rome Statute of 1998 expanded the scope of victims affected by conduct from what was in customary international law and the two Additional Protocols to the Geneva Convention of 1977. The Rome Statute was more precise in defining the concept of conduct than the charters of previous criminal courts by changing the term conduct from “not keeping alive” to “depriving everyone of safety.” We note that conduct was only applied to combatants when “declaring not keeping alive”; however, the scope of the impact of conduct changed in the Statute of the International Criminal Court by adding the phrases (everyone) and (safety) to include the violation resulting from conduct also civilian victims due to the fear, panic, and displacement caused to them from their areas due to the lack of safety, whether this targeting of civilians of all categories was direct or indirect. The conduct of threatening security in armed conflicts is also a violation of the laws of war and the customs in force through the conduct’s connection to the methods and means of combat operations in armed conflict.
The conduct can be imagined through prohibited actions such as killing an opponent while he is wounded or showing his intention to surrender or through a threat, whether this threat is explicit or implicit, and the perpetrator of the conduct has legal consequences even if the threat is not carried out.
The behavior of overthrowing security is characterized by cruelty, brutality and indifference through which the behavior violates the principles of international humanitarian law, the most important of which is the principle of humanity, through which international humanitarian law seeks to respect human dignity and preserve human life, as well as when the behavior does not meet the requirements and necessities of military necessity; which leads to the perpetrator of the behavior being exposed to individual international criminal responsibility and the imposition of punishment in accordance with the charters of international courts and national laws.