نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، دانشکده الهیات، دانشگاه یزد، یزد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
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.
کلیدواژهها [English]
