The judicial institution is considered one of the basic institutions the state and thesociety depend on, but some disorders a country goes through make the operationof this establishment unstable and in cases of conflicts and international and noninternationalwars also. In ancient times, jurists talked about judicial judgmentsissued in such circumstances entitled (Rebels Judge) or (Kharijites Judgment) .Theinternational law tackled this through the second index of Geneva Convention1949, protocol released in 1977. The research most important findings are that theJurisprudence and the law gave general judgments in this issue. The researchersees the importance of differentiating between the cases by differentiating betweencases of people involved in the conflict and the disagreements among normalpeople and also with resolutions related to civil cases and those related to thecriminal ones.