الحماية المقررة للبيئة الطبيعية زمن النزاعات المسلحة في الشريعة الإسلامية و القانون الدولي الإنساني

Joint Authors

مرزوقي، وسيلة
فارح، عصام

Source

القانون الدولي الإنساني في ضوء الشريعة الإسلامية : ضمانات التطبيق و التحديات المعاصرة يومي 13-14 أكتوبر 2015.

Publisher

الجامعة الإسلامية كلية الشريعة و القانون

Publication Date

2015-10-31

Country of Publication

Palestine (Gaza Strip)

No. of Pages

20

Main Subjects

Law
Political Sciences
Islamic Studies

Topics

• Islamic jurisprudence
• International humanitarian law
• Armed conflicts
• Environment protection
• Natural environment

English Abstract

The protection systems of civilian objects during military disputes is based on a well-known principle which distinguishes between civilian objects and military targets.

This principle has clearly been adopted in the two Additional Protocols in 1977 through claiming the necessity for puting rules to protect civilian objects during military disputes–there were rules for protecting civilian objects on the whole and other specific rules for protecting some categories of objects.

The natural environment is , in fact, one of these categories which should be subject to special protection.

The Islamic Shari’ah has insisted on protecting the natural environment during military disputes.

It considers that damaging agricultural lands , crops, domestic animals, food and all the necessary things for people life is forbidden if there is not a military necessity.

In comparison with this, the makers of International Humanitarian Law attempted to deal with idea of affecting the the natural environment.

The first who implicitly dealt with the necessity of protecting the natural environment was the St.

Pitters burg Declaration.

Then, the commitment to the protection of the natural environment is embeded in the conventions whose aim is to prohibit or restrict the use of some sorts of weapons such as : The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare on June 17, 1925 in Geneva, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction on April 10 , 1972.

With reference to the rules explicitly appealing to the protection of the natural environment, we mention the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques on december10, 1976.

On the basis of what we have mentioned above, this paper attempts to answer the following question : To what extent can we talk about the protection rules for the natural environment in the International Humanitarian Law and the Islamic Shari’ah in order to reduce the dangers of military disputes ?

Data Type

Conference Papers

Record ID

BIM-774181

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