اختلاف معاملة أسرى الحرب و الرهائن في زمن النزاعات المسلحة بين النصوص الشرعية و القانونية

Author

قادة، عافية

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
Political Sciences
Islamic Studies

Topics

• Islamic jurisprudence
• International humanitarian law
• Etiquette
• Armed conflicts
• Prisoners of war

English Abstract

It often happens confusion about the variation in the treatment of certain categories during the armed conflict, whether international or noninternational, in particular the two categories of hostages and prisoners of war to the point that it is sometimes difficult to distinguish between the two categories, on the one hand .Treatment for these two categories vary from the perspective of legal texts : in particular the four Geneva Conventions Of 1949 and their two Additional Protocols of 1977, as well as the Rome Statute of 1998 and religious texts (Islamic law) on the other hand .

However, and despite the legal arsenal which was adopted in order to protect these categories , We find that most of them were in the form of customary rules and other provisions derived from Islamic law texts legitimacy and as a practice for centuries.

Therefore, following the legal framing of the hostages and prisoners of war as two different concepts ,the issue of the treatment of these two categories based on explicit texts is being raised based on explicit texts Implicitly derived from Islamic texts, Accordingly, instead of talking about the difference in treatment despite it ‘s relativity , the issue of integration between the two require the pursuit of enriching and activating the rules of international humanitarian law as it simply dominated by humanitarian character, which is a common factor between the two.

Data Type

Conference Papers

Record ID

BIM-774237

• APA
• MLA
• AMA