الضرورة العسكرية بين الشريعة و القانون و تطبيقاتها في الأراضي الفلسطينية

Joint Authors

الشاعر، أنور حمدان
الصليبي، خالد عبد الجابر

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

28

Main Subjects

Law
Islamic Studies

Topics

• Islamic jurisprudence
• International humanitarian law
• ًWar
• Palestine
• Military necessity

English Abstract

The necessity in general is considered one of the most complicated and exciting issues, it extends to all law branches.

In addition, the general international law has a fate, we found it in international agreements and conventions, especially these which organized the military conflicts.

As it's known that humanity international law based on many principles including the principle of military necessity.

So it aims to balance between aspects and the humanity necessity aspects.

This study comes to discuss the military conflicts and faces of application in the Palestinian territories and the total violations Israeli for it.

And shows provisions of Islamic Shari glue.

It also shows the state that gets human embarrassed and suffers hardship and may be it perishes him like necessity state, and organizes this state well.

Also humanitarian international law discusses the necessity state and tries to shows concept, conditional, application, restriction for necessity state and the improved that happened by the developed international conventions.

and the legal consequences that results.

We choose this subject because of many reasons like the absence of the sources of this subject, may be because its related with armed conflictions that the international custom denied.

On other hand, the importance of the subject is derived from its connections with the humanity.

The researchers have used the analysis methodology to text of the wars conditional, firstly in the Islamic Shari and international conventional like Hague, Geneva, add to the primly system of the ICC.

This will guide to determine the nature of the war condition and applied techniques in the Palestinian territories.

Data Type

Conference Papers

Record ID

BIM-774199

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