English abstract
This study addresses by analysis, explanation, and origin establishment the punitive liability provisions resulting from violating provisions of the International Humanitarian Law. This is done through reviewing conventions of private and military international courts which were held to look into these violations, statute of International Criminal Court, the four Geneva Conventions for 1949 and its two additional protocols for 1977, and other international agreements and decisions without forgetting to give an idea about the Omani Legislator role in limiting the basics of this liability.
It became clear as a result of this study that the provisions of this law and which are concerned about protecting victims of international and non international armed disputes, either they were civilians or militants who stopped fighting for being injured or captivated, and restraining the authority of fighting parties in using weapons and fighting styles that should not cause unnecessary damages-are as old as the mankind civilization, and where was a war there were regulations that governed the conduct of its fighters.
The international community was interested in confining the basics of punitive liability resulting from violating this law through many international agreements and courts that were held to look into these violations. In addition, many of national legislations played an important role in confining
the basics of this liability, such as the Omani legislator who signed on many related agreements especially the statute of the International Criminal Court, and Geneva four Conventions for 1949, and its additional protocols for 1977. This study recommends the Omani Legislator, to continue his efforts in this.
regard, that he should intervene and limit the basics of this punitive liability
resulting from these violations.
With regard to the personal aspect of this liability; it was clear that the International Community has settled on normal personalities either individuals or presidents, whereas the jurisprudential controversy is still going on about deciding the nominal personality "countries and international organizations" and whose liability is only limited to the civilian liability and has extended to all forms of criminal involvement either primary or secondary involvement. Our study concludes with the necessity of amending Statute articles of the International Criminal Court related to criminal involvement in a way that determines the Primary and Secondary involvement of these violations and the punishment resulting from each form of involvement.
The international jurisprudence and work have had different attitudes towards symptoms of punitive liability resulting from these violations. In this study we conclude that the International Criminal Court Statute did not distinguish between these symptoms, despite the implications stemming from such a thing, and came up with many recommendations. Some of these recommendations are that the Omani Legislator should intervene to confine the basics of this punitive liability, train and qualify all concerned with reinforcing this law, establish national committees for supervising its implementation, and review some provisions of this liability in light of the basic Statute of International Criminal Court especially with what relate to distinguishing between different forms of punitive liability symptoms resulting from such violations.
