الـمـسـتـشـار الـقـانــونـي ودوره في تـنـفـيــذ الـقـانــون الــدولــي الانـسـانــي

The Legal Advisor and his Role in the Implementation of International humanitarian law

Abstract

Armed conflicts have been regulated through the so-called international humanitarian law, which consists of a set of international legal rules of a consensual and customary nature applied during periods of international and non-international armed conflicts, which aim to restrict the parties to the conflict in choosing methods and means of fighting and protecting people and objects during conflicts  armed.

It is well known that the rules of international humanitarian law were designed to be applied, and this is the main reason for their existence and the purpose of issuing them. However, it is noticed that the rules of this law have been violated in a terrible manner during periods of armed conflict. The effective means created by advisors in international humanitarian law are the appointment of legal advisors with the armed forces; In order to provide legal advice to military leaders in periods of peace and armed conflict.

The appointment of legal advisors with the armed forces is a legal obligation and a preventive measure that the High Contracting Parties must implement in times of peace and armed conflict. The rules of international humanitarian law by way of preparing and supervising training programs, and the appointment of legal advisors with the armed forces will be an effective test of the goodwill of states and their true acceptance of international humanitarian law and the application of its rules during periods of armed conflict, that the appointment of legal advisors with military commanders gives the rules of international law Humanitarian significance and relevance in periods of armed conflict that the protecting state regime or any other regime could not achieve; The fact that they have a vital role in enforcing the rules of international humanitarian law, and that failure to implement their tasks in the required manner exposes them to criminal responsibility.