التأصيل التشريعي للقانون الدولي الإنساني : دراسة في فلسفة القانون

الملخص EN

This study establishes the legislative origins of international humanitarian law as it deals with the topic of the hour, i.e., the international humanitarian law organizes war and does not prevent it.

It can be seen that many scholars claim that the international humanitarian law is relatively modern, but the researcher does not accept this view, believing that it is not modern, but as ancient as time.

Hence, the study of the philosophy of law and its history becomes of great importance as it follows up the historical roots of the international humanitarian law in antiquity, passing through the middle Ages up to the practical emergence of the said law, the beginning of its codification and the Battle of Solferino.

The current study tries hard to clarify and prove the interest of Islamic jurisprudence with this law, despite the different denomination, as Islam has organized wars and human relations in wars.

It shows that Islam is the religion of peace and affirms for the whole world that the Humanitarian international law is deeply rooted in the Islamic jurisprudence.