The rights of an orphan child and the means to protect him in international humanitarian law

Dr. Mahmoud Abdul Majeed Assaf

Palestinian Ministry of Education – Gaza

Abstract :

The study aimed to identify the rights of (an orphan – other than an orphan) and the means of protecting it in international humanitarian law, and then formulate some proposals that may contribute to promoting respect for the rights and means of protecting an orphan child in international humanitarian law,  To achieve this, the study followed the descriptive approach inductive, and the study concluded that the protection of children who have fallen victim to conflict and become orphans is not limited to erasing only direct effects, but extends beyond the end of the armed conflict and that international humanitarian law lacks the mechanisms that impose its respect, And that the issue of protecting children during and after armed conflict depends on moral and human condition, and the extent of accountability of criminals. And that all children who are victims of armed conflict who have lost their parents, have been displaced, or have been forcibly displaced, and who have been directly or indirectly deprived of the care of parents are in the rule of orphans, and what applies to them applies to the right of real orphans. The study recommended the necessity of cooperating with international institutions concerned with the rights of the child in the rehabilitation and care of orphaned children who were the cause of orphans in international and non-international armed conflicts.

Key words: Children’s rights, an orphan, means of protection, international humanitarian law .

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