Abstract

The provisions of international law generally suffer from the problem of effectiveness and the ability of the provisions of this law to impose its respect on those addressing its provisions. In the interest of applying precautionary measures in armed conflicts, international law has enacted a set of international and national guarantees aimed at putting the provisions of international humanitarian law into effect and monitoring their implementation. Perhaps the most important of these guarantees are international organizations, especially the International Committee of the Red Cross as the general observer for the application of the provisions of international Humanitarian law in accordance with the mandate of the international community and the Geneva Conventions, in addition to the international and national judiciary as one of the most important guarantees for the application of the provisions of international humanitarian law. This article aims to analyze and evaluate the role of the International Committee of the Red Cross and the international and national judiciary as a guarantee for the application of the precautionary measure's principle. To enrich the study, the researcher addressed some applications of precautionary measures and prohibition rules in Islamic sharia. The study follows an analytical methodology in reviewing international legislation and conventions as well as in investigating historical evidence. The study reached a set of results, the most important of which are: The International Committee of the Red Cross plays an important role in monitoring and supervising the application of the principle of precautionary measures, in addition to the international judiciary represented by the International Criminal Court as well as the national judiciary when it accedes to the Geneva Conventions and harmonizes national legislations with them. The study is concluded with a set of recommendations, the most important of which are: the importance of harmonizing the legislations of all countries with international conventions that are related to the precautionary measures, and the necessity for the subjection of the violations of the principle of precautionary measures and the rules of the international humanitarian law to a compulsory universal jurisdiction, not to limit it to a specific court.