الأسير المرتزق بين الشريعة الإسلامية و القانون الدولي الإنساني

Abstract EN

There is no doubt that the issue of mercenaries is one of the topics of which worries people who interested in International Humanitarian Law and human rights, because the mercenaries when they are mentioned we talk about killing and oppression and violation of humanity, and that of International Humanitarian Law stresses in his rules the punishment against the mercenary and did not give him the right of warring or prisoner if he occurred in the grip of his opponent, and this disagrees to Islamic law, which gives him the rights of warring and prisoner and deals with him if he is occurred with the treatment of prisoners of war as long as he fights in the army or other.

Also, the Islamic Law did not differentiate between a fighter and a non fighter.

The current study is built on a comparison between Islamic law and International Humanitarian Law with the subject of treatment of mercenary prisoner The results of the study includes that the mercenaries are nothing new, but as a issue is present since old time, and that the rules of International Humanitarian Law is still vague in dealing with the prisoner mercenary, and that Islamic law does not differentiate between a prisoner fighters mercenaries or non mercenary, and their treatment is once.

Therefore there must be a new and rigorous mechanism for whom will uses mercenaries, and that necessitates an amendment to the rules of International Humanitarian Law regarding to the treatment of mercenary in the event of his capture, that he must treated as a captured fighter without discrimination as in the texts of the Third Geneva Convention concerning prisoners.