The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law
Contradictory interpretations, which are sometimes contrary to the purposes of International humanitarian law, on the principle of military necessity and the existence of ambiguities in nature, conditions and effects of this principle in the law of armed conflicts, have resulted in repeated attacks...
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| Format: | Article |
| Language: | fas |
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University of Qom
2016-08-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_1010_0fba13409d36f13cc1a15498bbe128fb.pdf |
| _version_ | 1797233126606372864 |
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| author | Abbas Ali azimi shoshtari |
| author_facet | Abbas Ali azimi shoshtari |
| author_sort | Abbas Ali azimi shoshtari |
| collection | DOAJ |
| description | Contradictory interpretations, which are sometimes contrary to the purposes of International humanitarian law, on the principle of military necessity and the existence of ambiguities in nature, conditions and effects of this principle in the law of armed conflicts, have resulted in repeated attacks on residential areas and nonmilitary objectives, especially in recent wars. This situation has made re-examination and disambiguation of the mentioned principle, in international regulations, necessary. One of the best methods to resolve this ambiguity can be through a comparative study with other systems, of them is the Islamic legal system. So, our main question is: "what are the approaches of the Islamic legal system and the law of armed conflicts to the nature, conditions and effects of the principle of military necessity?" Through descriptive research methods based on treaty provisions of the law of armed conflicts and the jurisprudence of international tribunals and the sources of Islamic law and combat performance of the holy Prophet (PBUH) and by using interpretive and comparative methods, we came to the conclusion that these two systems have much in common in this area, but there are differences in some cases, such as the need for the principle of discretion and limitations of referring to military necessity in legitimate wars and the legal effects of this principle |
| first_indexed | 2024-04-24T16:11:13Z |
| format | Article |
| id | doaj.art-9219d0d5e6624d328270e2ac9bfe059e |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:11:13Z |
| publishDate | 2016-08-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-9219d0d5e6624d328270e2ac9bfe059e2024-03-31T19:05:41ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212016-08-01329912210.22091/csiw.2018.1685.11441010The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian lawAbbas Ali azimi shoshtari0استادیارگروه حقوق پژوهشگاه علوم اسلامی امام صادق (ع)، قمContradictory interpretations, which are sometimes contrary to the purposes of International humanitarian law, on the principle of military necessity and the existence of ambiguities in nature, conditions and effects of this principle in the law of armed conflicts, have resulted in repeated attacks on residential areas and nonmilitary objectives, especially in recent wars. This situation has made re-examination and disambiguation of the mentioned principle, in international regulations, necessary. One of the best methods to resolve this ambiguity can be through a comparative study with other systems, of them is the Islamic legal system. So, our main question is: "what are the approaches of the Islamic legal system and the law of armed conflicts to the nature, conditions and effects of the principle of military necessity?" Through descriptive research methods based on treaty provisions of the law of armed conflicts and the jurisprudence of international tribunals and the sources of Islamic law and combat performance of the holy Prophet (PBUH) and by using interpretive and comparative methods, we came to the conclusion that these two systems have much in common in this area, but there are differences in some cases, such as the need for the principle of discretion and limitations of referring to military necessity in legitimate wars and the legal effects of this principlehttps://csiw.qom.ac.ir/article_1010_0fba13409d36f13cc1a15498bbe128fb.pdfmilitary necessitylow of armed conflictinternational humanitarian lawislamic law |
| spellingShingle | Abbas Ali azimi shoshtari The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law پژوهش تطبیقی حقوق اسلام و غرب military necessity low of armed conflict international humanitarian law islamic law |
| title | The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law |
| title_full | The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law |
| title_fullStr | The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law |
| title_full_unstemmed | The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law |
| title_short | The nature, Conditions and Effects of the principle of military necessity in the legal system of Islam and International humanitarian law |
| title_sort | nature conditions and effects of the principle of military necessity in the legal system of islam and international humanitarian law |
| topic | military necessity low of armed conflict international humanitarian law islamic law |
| url | https://csiw.qom.ac.ir/article_1010_0fba13409d36f13cc1a15498bbe128fb.pdf |
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