The right to compensation for Palestinian refugees for damages against aggressor state-Dr.Nabil DEEB

بواسطة قراءة 3629
The right to compensation for Palestinian refugees for damages against aggressor state-Dr.Nabil DEEB
The right to compensation for Palestinian refugees for damages against aggressor state-Dr.Nabil DEEB

The right to compensation for Palestinian refugees for damages under general international law against any aggressor state or against    members of the aggressor State - Dr. Nabil DEEB

Now it is the time for the United Nations, UNO , the interests of the Palestinian refugees in all countries of the world, a conclusion which is inevitable, not only the ability but also to defend against the claim and legal defense in court and the international the duty: this is the right guard the UN, WHO, UNHCR, the United Nations, the interests of the Palestinian refugees, as legal guardian of the interests of the Palestinian refugees for the principles and guidelines of the right to damages under general international law :

The interpretation of the so-called "principles of international law or in equity," the term in section 11 of the UN Security Council Resolution 194 (III), 11 in December 1948 adopted and applied in many cases of Palestinian refugees to claim for damages under general international law based on :

Compensation for the property of those choosing not to return to their homes and are responsible for any loss or damage to property which is subject to the principles of international law or in equity for the Palestinian diaspora .

This analysis is an international global legal and necessary, as are some of the resolutions of the General Assembly is not binding on itself. While most of the resolutions of the General Assembly recommendations only in accordance with Article 10 of the Charter of the United Nations, under certain conditions, to convince, to and in accordance with international law exists or if repeated more than once : "It is the effect of such responsibility by the acceleration have custom generating process, or legal principles of estoppel" .

Note that the discussion on international law the responsibility of the state - that is a prerequisite for compensation under general international law - and on the basis of the criteria for determining compensation, including the European courts and courts of the Inter-American Convention on Human Rights and other compensation contexts, non-commercial .

The purpose of this article, a methodology is not "use" of these principles and guidelines for the special case of the Palestinian refugees, including Palestinians in Iraq and the Gaza Strip .

We also note that most of the international law relating to compensation from sources such as in accordance with international law decisions of international courts of Iran - the United States Court of Claims, Compensation Committee of the UN and the previous settlement, in contrast to the situation of Palestinian refugees in several aspects .

Negotiation in most cases, usually with transnational corporations and as an investment property, commercial contracts, such as oil concessions, or in violation of the agreements, bilateral trade between the two countries instead of a broad human rights, humanitarian, and there were foreign Citizens of the existing states, as opposed to residential buildings and commercial buildings of families and communities obsessed with such legal status, but it is uncertain what is the right thing for the Palestinians in 1948. But the general law of compensation by a number of criteria that can be compensated as a framework for a negotiated solution for Palestine Refugees in the cases of the Palestinian cause to be used. Note that there are international laws that apply to legally recognized and globally around the world in all its laws and courts of the States, including the International Criminal Court .

The basic principle of state responsibility for violations of other countries and people, and the concept of errors and exceptions and limitations imposed on the responsibility of the state :

Injured third-country nationals and stateless persons (for example, Palestinians in the diaspora around the world) .

Traditionally, perhaps the application of international law only to the relationship between the countries in the world .

So if the state has damage to any person including a foreigner (whether a natural person or a company), this is a violation of the foreign country of any nationality of the alien (or where they are combined) causes .

Injury, the policy of the National Human Rights Commission believes personal safety, property or other interests. If the state, for example. Confiscation of property of foreign investors in the country to which the investors of the citizens of this. The State has the option of legal claims and practice of international human rights organizations, foreign diplomacy .

"Double" A State may take the form of negotiation, mediation and arbitration (including the Commission of Mediation Committee), arbitration, the approval of both the defendant State, or, under certain circumstances .

As for what in the case of stateless persons as refugees or members of a nation that does not have their own state? .

In the general case they are left without the protection of such diplomacy .

This is one reason that the law is best to avoid statelessness.) In some cases, such as occur, for example, the status of work on behalf of permanent residents or other non-own citizens who share a connection with them regional .

In the case of refugees (stateless or not) :

That "the time of the United Nations, and as guardian of the interests of the refugees, the conclusion is inevitable, and to bring not only the ability of an international claim against a refugee does not have a generation of country for refugees, but also the duty .

This representation Guard, which is the UN, WHO, UNHCR, the United Nations and its international organizations Represented and defend the interests of refugees, currently the United Nations and as guardian of the interests of the scattered Palestinian refugees and  for the duties of human rights, and all states to protect the rights of all persons, whether citizens or stateless persons. (but on the actual use of international mechanisms of redress, which limits according to international human rights standards in its application and scope of the regional courts of human rights .

Errors and defenses :

a related question of whether international law requires to be made that the establishment of the State responsible, and thus compensate for the injury .

In other words, is all "illegal" international behavior worthy blame? According to a leading lawyer Ian Brownlie and international courts usually follow the objective theory of liability, provided they can produce agency and causality ("attribution"), there was a breach of international law by the result alone. Although the representatives of the state also has authority (dolo penalty) has acted, or, for that matter, the damage in the absence of intention (dolo penalty) or the presence of good faith, and that the state is responsible for the Perhaps all work submitted, the compliance with the failure .

Of course you can be the motive and intent, where the State claims that it is justified, its legitimacy by excluding legitimate circumstance .

Draft rules of the International Law Commission, the procedures for producing the following possible defenses :

Anti consent (which may be legitimate if the country concerned is an internationally wrongful act committed), and increased violence and acts of self-defense, necessity, and necessity. Perhaps the two most important defense systems .

International law is the only way to protect important state interest in an immediate and serious crime is not serious and the great interest of the state towards a commitment to them. Even if these conditions are met does not exclude legitimate, if the establishment of an international obligation, which includes the base commander of the rules of general international law or obligation under the contract, the case of the necessity defense, or has contributed to the state of a case of necessity affected .

Form and the criteria for compensation under the rules of international law :

Regional Court of Human Rights :

European courts and the Inter-American human rights for compensation for victims of the individuals affected by human rights violations on a regular basis.

That the acquisition of property for the public interest without compensation may be justified only in exceptional cases. Found a fair balance between the needs of the general interest of society and the protection of fundamental rights of individuals. Should not impose a disproportionate burden, not the individual .

Cases for the victims to compensation in cases of wars between nations :

Early in the late eighteenth century made the rights of customary international law of compensation to persons in the war against the aggressor an aggressor state and its rulers .

The international bodies in order to receive the award of compensation to the survivors of the civil population during the Second World War and destroyed their property if they are not German nationals or German nationality .

The International Criminal Tribunal for the Former Yugoslavia provides that, in the judgment of conviction, the Criminal Chamber of the International Criminal Court to hold a special meeting to determine a valid return of property, and that the judgments of the International Criminal Court to the culpability of the convicted aggressor to be present shall be final and binding with respect to claims for compensation for victims in other national courts or other models .

Sources of international law and international law and international scientific explanation : -

All sources of international law and international law and the interpretation of the international scientific world in several languages are with me .


Sincerely Yours
Dr. Nabil Abdul Kadir DEEB
    Medical Researcher, academic medical specialist in Germany
            Palestinians from Iraq  , as a resident in Bonn, Germany
Doctor - Physician – Doctor
PMI Medical Association e.V.
Palestine Medico International Medical Society - (PMI)  e.V.
Department of Medical Research
Département de la recherche médicale
P.O. Box 20 10 53
53 140 Bonn - Bad Godesberg / GERMANY




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