Book Chapter
2024
Civil liability of the State for Damages Caused by Internal Armed Conflicts (A Comparative Analytical Study)
2024-12-01
Internal armed conflicts remain world’s most common problems; particularly in Middle East where these conflicts are on a constant rise. Many innocent civilians are getting killed and wounded because of the actions of armed groups. Beside the material and property sabotage they commit, their actions and conflicts result in terrorizing and panicking innocent people. Therefore, protecting civilians is an urgent need and, in accordance to criminal responsibility, in one hand, the members of these groups must be held responsible for their actions and, on the other hand, people who have experienced terror and damage of their property must be compensated.
It is of the state’s obligation to provide protection for civilians and maintain security in the region. Victims of armed conflicts have constitutional rights to be compensated and secured by the state. Moreover, there are specific laws that confirm this right. The study shows that the state’s civil responsibility to provide protection and to compensate civilians can presumably be implemented by focusing on the mistakes, sometimes only on the mere damage, or on the breach of the precautionary principle that the state must abide with to prevent damages even if there are unconfirmed damages.
As there are insufficient general rules in state’s civil responsibility to provide effective protection for victims and their rights for compensation, it is either because of the difficulties in the implementation of elements of responsibility and sometimes when the doers are unknown as there are several laws that have been issued that oblige the state to ensure protection and compensation for victims according to the insurance system for the risks of these conflicts or through the state establishing insurance funds that are contributed by insurance companies, other parties, and a part of the state’s budget to facilitate obtaining compensations. Finally, the study concludes that the victims of all kinds of internal armed conflicts, whether it is by the state or not, must be compensated by the state even when the doers are unknown or the doers fail to provide compensation as the state guarantees its social duties towards the members of the society.
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