انتهاكات الشركات العسكرية والأمنية الخاصة لحقوق الإنسان في مناطق النزاعات المسلحة : أفغانستان والعراق أنموذجا

Abstract

Armed conflicts are considered among the most sensitive issues in international relations, as they pose a threat to international peace and security. Despite the fact that international charters affirm state sovereignty and non-intervention in the internal affairs of states, the world continues to witness military interventions in several countries. Perhaps most notably, the interventions launched by the United States of America and its allies following the events of September 11 in both Afghanistan and Iraq—under the pretexts of combating terrorism and humanitarian intervention—led to an increase in the activity of private military and security companies. Moreover, these interventions left severe repercussions on human rights, with civilians subjected to killing, exploitation, displacement, and inhumane treatment in various aspects of their lives. They also resulted in widespread chaos in Afghanistan and Iraq, destroying infrastructure and providing a fertile environment for terrorist groups; This study aimed to highlight the human rights affirmed by international charters and Islamic law while shedding light on the factors that make conflict zones hotbeds for human rights violations. It also examined the violations perpetrated by private military and security companies in Afghanistan and Iraq. The descriptive-analytical method was employed by discussing and analysing relevant reports and literature, and the case study method was used in the applied aspect. The study reached important conclusions; for example, Islamic law presented the first comprehensive human rights system, viewing these rights as a divine gift to all humanity that cannot be revoked. Military interventions often have unstated goals that primarily drive them, typically economic and political. There is no international convention regulating the work of private military and security companies. Although a draft convention exists, it has not come into force due to weak political will, especially among major powers. Military interventions in both Afghanistan and Iraq have severely affected civilian lives, leading to brutal and tragic violations of their rights.