The Nature and Principles of the Islamic Approach to International Humanitarian Law(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Humanitarian law, along with human rights, is one of the concepts in international relations that has received more attention than ever in recent decades, and many sensitivities and efforts have been made both in the field of theoretical literature and in the field of its implementation. In the meantime, various viewpoints and schools of thought have tried to interpret and interpret the principles and rules of humanitarian law from their own perspective, but it seems that none of them have been completely successful in this regard so far. In this research, an attempt has been made to analyze Islamic approaches to international humanitarian law in order to ultimately extract the nature, basic principles and common rules of international humanitarian law from the perspective of Islam. For this reason, in this research, by using documentary studies and library resources and from a jurisprudential perspective, we have made an effort to understand the nature and Islamic principles in Islamic humanitarian law. Also, according to the studies conducted and the comparison of Western principles of international law and Islamic humanitarian law, it seems that international humanitarian law with an Islamic approach has a greater universality and not only has entered into all aspects of this issue; but also has criteria closer to justice and fairness in the law of war and international conflicts.