The principle of distinction in international armed conflicts in term of Islamic humanitarian law

Document Type : Research Paper

Author

Assistant Professor, Theology faculty, Yazd university, Yazd, Iran

Abstract

One of the principles governing the war in contemporary international law is the principle of distinction. According to the principle of distinction, which is the provisions of Articles 48, 51 (2) and 52 (2) of the First Additional Protocol, attacks can only be carried out against combatants and should not be taken into consideration by civilians. At the same time, according to the third paragraph of Article 51 of the same document, this support will be lost to civilians during the conflict. However, for some reasons, such as the lack of sufficient legal and criminal guarantees, international humanitarian law has become less relevant to its goals. Islamic humanitarian law has remedied this shortcoming in the first place by relying on the guarantee of divine implementation. At the height of the degradation of the law of war among nations, Islam has recognized the principle of distinction and prohibits the invasion of civilians. This immunity is sometimes specially construed so far as the interpretation of contemporary humanitarian law. This theoretical basis will be completed and confirmed in the light of the Prophet's practice, and is evidenced by historical reports about the number of victims of the Prophet's wars.

Keywords



Articles in Press, Accepted Manuscript
Available Online from 20 May 2020
  • Receive Date: 20 May 2019
  • Revise Date: 19 May 2020
  • Accept Date: 20 May 2020