حماية حقوق الإنسان أثناء الحروب و النزاعات المسلحة بين الشريعة الإسلامية و القانون الدولي : دراسة مقارنة

الملخص EN

The study aims to highlight that war is an appropriate and suitable environment for human rights violations, but Islamic and international legislation have established solid rules that work to mitigate the severity of wars and limit their effects and scourge by restricting means of warfare and protecting people and objects in war conditions.

Although international humanitarian law is the relevant law in the circumstances of wars, the reality proves that there is a need for international human rights law to be applied sometimes along with international humanitarian law.

The paper dealt with its subject according to the comparative analytical descriptive approach within three axes, the first: it includes the philosophy of Islam’s approach to protecting human rights during the war, the second: The joint application of the rules of international humanitarian law and international human rights law and its impact on strengthening the protection of human rights.

The third included a comparison between the rules of Islamic and international work in the protection of human rights during the war, and the features that were unique to Islamic law.

Among the findings of the study, that war is an urgent necessity and an unnatural condition and must be practiced with foundations and principles that achieve mercy, ward off cruelty and insult to human dignity, and that Islamic Sharia has been distinguished over international conventions and national laws with more effective principles in achieving the protection of human rights in war, and this is in addition to Effectiveness of the simultaneous application of human rights protection laws.