Abstract
This Note will begin with an introduction to the relevant sources of law in each respective tradition so as illustrate their legitimacy and their influence on the regulation of armed conflict. Then the analysis will discuss the importance of jus as bellum, and how the socio-historical contexts that underlie the justifications of going to war have shaped the laws that regulate the conduct of war. Next, the discussion will turn to a comparative analysis of particular principles related to regulation of armed conflict, including civilian immunity and the principle of distinction (including the distinction between civilian and military objectives), the combatant’s privilege, and prisoners of war (POWs). The Note will then conclude by demonstrating that Islam can stay true to its own traditions, while working within, and contributing to, the broader international framework.
Recommended Citation
Yousaf, Omar
(2012)
""IHL" as "Islamic Humanitarian Law": A Comparative Analysis of International Humanitarian Law & Islamic Military Jurisprudence Amidst Changing Historical Contexts,"
Florida Journal of International Law: Vol. 24:
Iss.
2, Article 6.
Available at:
https://scholarship.law.ufl.edu/fjil/vol24/iss2/6