الحماية المقررة لجثامين الموتى في القانون الدولي الإنساني : دراسة مقارنة بالفقه الإسلامي

الملخص EN

The international humanitarian law is mere a fruits for a set of ethics and moral values that call for peaceful solutions and rejecting wars between estates.

This international law، aimed at restricting power using in armed conflicts for reducing the violence effects that exceed the allowed limits on combatants، while avoiding harming those who have no hand in conflicts.

The IHL is aiming at eliminating the woes of the wars by protecting the fighters who become unable to fight in addition to the individuals who are civilians and do not engage in military actions.

Also، it aims at protecting the cultural and civilian properties.

The IHL has several mechanisms guarantee its appliance nationally throughout the commitment of the countries which produce the necessary legislations used for its appliances.

These countries harmonizing their internal legislations with those of the IHL.

Also، they publish the IHL rules by including them in the school curricula.

The rules of The IHL are ordering rules and characterized by publicity and ion because they are stemming from the international norm and international treaties، particularly، Geneva Law (1949) and Hague Law (1899-1907).

In this study I will address one of the serious humanitarian challenges، namely، how to protect the bodies of the dead during armed conflicts and natural disasters، through a paper entitled "The prescribed protection of dead bodies in IHL and Islamic jurisprudence ".

Through it I address the issues that derive from such protection.

This study investigates the mechanisms of the application of IHL، and their effectiveness in reducing violations of the provisions and rules of IHL.

This study has been divided into background and two chapters.

The background included the concept of the IHL، acknowledging it، its development and nature، explaining its nature and its contents as basic settled principals in the Islamic sharia.

We have produced from the extent to which the IHL relied on Islamic sharia.

In the first chapter، Examination legal framework for the protection of the dead in IHL and Islamic jurisprudence.

And In the Second chapter، investigates the mechanisms of the application of IHL، and their effectiveness in reducing violations of the provisions and rules of The IHL.

The study concluded that there are shortcomings on the part of States parties in applying and implementing the rules of IHL and in order for IHL to become effective and move from stalemate to effective implementation; International efforts must be combined to demand that all States respect the principles of international humanitarian law in order to create a mechanism to punish those States that violate those principles.