Targeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.

2021 ◽  
Vol 39 (- 2) ◽  
Author(s):  
Syed Raza Shah Gilani ◽  
Muhammad Haroon Khan ◽  
Muhammad Haseeb
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The World ◽  
Religious Site

War and atrocities are not new to this world, Islamic law and IHL both have addressed this subject and have described the principle of warfare such as that the belligerents must minimize incidental harm to civilians and civilian objects including religious site, and that this limits the means and methods that they can use. Islamic law which comprises of sharia and fiqh discusses this subject but it is not codified. Islamic law has not yet been acknowledged when it comes to IHL -even article 38 recognizes general principles of nation as a source. Islam is the second largest religion in the world which mirrors the modern framework of IHL and is complementary to that regime.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

scholarly journals Ius in Bello under Islamic International Law

2013 ◽  
Vol 13 (3) ◽  
pp. 593-625 ◽  
Author(s):  
Mohamed Elewa Badar
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Eighth Century ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
International Court ◽  
Hugo Grotius ◽  
Law Of Nations

In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much interest because of the debate over the question whether the international law, of which Hugo Grotius is often called the father, is so completely Western-European in inspiration and outlook as to make it unsuitable for universal application in the context of a much wider and more varied international community of States. However, there has been little analysis of the role of Islam in shaping the modern European law of war and its progeny, international humanitarian law. This article argues that there is a room for the contribution of the Islamic civilisation within international humanitarian law and a conversation between different civilisations is needed in developing and applying international humanitarian law norms.

"The Most Moral Army in the World": The New "Ethical Code" of the Israeli Military and The War on Gaza

2010 ◽  
Vol 39 (3) ◽  
pp. 6-23
Author(s):  
Muhammad Ali Khalidi
Keyword(s):  
Ethical Code ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Direct Role ◽  
Military Commanders ◽  
The World ◽  
Definition Of ◽  
Israeli Army ◽  
Morality Of War

This article examines the content of and justification for a new "ethical code" designed for the Israeli army to take into account the "fight against terror. " It argues that the code contains two innovations: it includes acts aimed exclusively at military targets in its definition of "terrorism," and it contains a principle of distinction that prioritizes the lives of citizen combatants over those of noncitizen noncombatants, contrary to centuries of theorizing about the morality of war as well as international humanitarian law. The article suggests that the principle of distinction played a direct role in Israel's offensive in Gaza in winter 2008––2009, as demonstrated by a preponderance of testimony indicating that Israeli military commanders explicitly instructed soldiers to give priority to their own lives over those of Palestinian noncombatants.

Mr. Gallopin meets American Secretary of State

1975 ◽  
Vol 15 (168) ◽  
pp. 135-135
Keyword(s):  
United States ◽  
The United States ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Executive Board ◽  
Henry Kissinger ◽  
Secretary Of State ◽  
The World ◽  
Humanitarian Work

On 17 February 1975, the President of the ICRC Executive Board, Mr. Roger Gallopin, met the American Secretary of State, Mr. Henry Kissinger, while the latter was on a visit to Geneva. The talks centred on the ICRC's humanitarian work throughout the world. The Secretary of State expressed the United States Government's appreciation of the tasks accomplished by the ICRC and, in particular, its efforts to promote international humanitarian law.

What's new in law and case law around the world?

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1093-1114
Keyword(s):  
Relevant Information ◽  
Case Law ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
Exchange Of Information ◽  
The World ◽  
International Instruments

The biannual update on national legislation and case law is an important tool in promoting the exchange of information on national measures for the implementation of international humanitarian law (IHL). In addition to a compilation of domestic laws and case law, the biannual update includes other relevant information related to regional events organized by the International Committee of the Red Cross (ICRC), to the development of national committees for the implementation of IHL or similar bodies and to accession and ratification of IHL and other related international instruments.

The International Institute of Humanitarian Law (San Remo) and its international military courses on the law of armed conflict

1997 ◽  
Vol 37 (319) ◽  
pp. 451-454
Author(s):  
Giorgio Blais
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Institute ◽  
Humanitarian Law ◽  
Governmental Organization ◽  
Seaside Resort ◽  
Law Of Armed Conflict ◽  
The World ◽  
The Law ◽  
Set Up

There are few institutions in the world which are able to assemble officers from all the countries of the globe, who wear their own uniforms and live and work together for two weeks. One of these is the International Institute of Humanitarian Law in San Remo, Italy.This non-governmental organization was set up in 1970 for the purpose of promoting the dissemination and development of international humanitarian law. The choice of the Italian seaside resort of San Remo was not accidental. It was there that Alfred Nobel spent the last years of his life, and he left all his property to the humanitarian cause. The villa he occupied until his death became the headquarters of the International Institute of Humanitarian Law.

The 1977 Protocols: a landmark in the development of international humanitarian law

1997 ◽  
Vol 37 (320) ◽  
pp. 483-505 ◽  
Author(s):  
René Kosirnik
Keyword(s):  
Initial Period ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The South ◽  
The North ◽  
The World ◽  
The Hague ◽  
The Law ◽  
East West

By adopting on 8 June 1977 the two Protocols additional to the 1949 Conventions, the States meeting in Geneva brought to a successful conclusion four years of arduous negotiations. The Protocols took four years, the Conventions only four months. Why such a huge difference?In 1949, once the initial period of instinctive rejection of anything related to war had passed, a natural consensus emerged regarding the main evils which needed to be banned by law. Besides, the delicate subject of the rules governing the conduct of hostilities — the law of The Hague, as it is called, also part of humanitarian law — was left out of the discussions. It was also a time when the political map of the world was fairly monolithic, in the sense that the North still dominated the South, and East-West tensions had not yet escalated.

scholarly journals Destructive trends in contemporary armed conflicts and the overlooked aspect of intangible cultural heritage: A critical comparison of the protection of cultural heritage under IHL and the Islamic law of armed conflict

2021 ◽  
pp. 1-20
Author(s):  
Victoria Arnal
Keyword(s):  
Cultural Heritage ◽  
Islamic Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Intangible Cultural Heritage ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Legal Traditions ◽  
Law Of Armed Conflict ◽  
Rules And Principles

Abstract The destruction of cultural heritage in armed conflicts has gained increasing political momentum and visibility over the last two decades. Syria, Iraq and Mali, among others, have witnessed the intentional destruction of their cultural heritage by non-State armed groups (NSAGs) that have invoked Islamic law and principles to legitimize their actions. The response of the international community has predominantly focused on the material aspect, to the detriment of the significant impact on the associated intangible manifestation of cultural heritage in local communities. This article argues that several Islamic legal rules and principles may, more adequately than international humanitarian law, safeguard the intangible dimension of cultural heritage in certain contemporary armed conflicts in Muslim contexts. It aims to demonstrate the importance of drawing from multiple legal traditions in order to enhance the protection of intangible cultural heritage in armed conflicts and to strengthen engagement with the relevant NSAGs.

scholarly journals To the 110th anniversary of the Second Hague Peace Conference

2017 ◽  
pp. 84-90
Author(s):  
S. I. Chernyavskiy
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
International Peace ◽  
World Community ◽  
Peaceful Settlement ◽  
General Rules ◽  
The World ◽  
The Hague ◽  
Second International

One hundred and ten years ago, at the initiative of Russia, the Second International Peace Conference was held in The Hague. It adopted 10 conventions on the laws and customs of war that laid the foundation for the system of international humanitarian law. It became a logical continuation of the 1899 conference, also convened at the initiative of Russia, which established general rules for the peaceful settlement of clashes between the powers, as well as a number of resolutions and «wishes» for conducting military operations. The article analyzes the reasons for convening these international forums and their significance for the world community.

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