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Principles of distinction, proportionality and precautions under the Geneva Conventions: the perspective of Islamic law

Mohd Kamal, Mohd. Hisham (2020) Principles of distinction, proportionality and precautions under the Geneva Conventions: the perspective of Islamic law. In: Revisiting the Geneva Conventions: 1949-2019. Brill Nijhoff, Leiden, Neitherlands, pp. 244-261. ISBN 9789004375543

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Abstract

The Geneva Conventions contain the principles of distinction, proportional-ity and precautions which are also part of the Customary International Hu-manitarian Law. The main purpose of these principles is to provide protection to individuals who are not or no longer taking direct part in hostilities. These principles have become more important today when the vast majority of vic-tims in armed conflicts throughout the world are civilians.The Geneva Conventions are binding on States Parties to it, including Mus-lim States. In addition, Customary ihl is binding on all States in the world, including Muslim States. Unfortunately, there have been cases of violations of these principles including by Muslim States Parties to the Geneva Conven-tions, for example, the flattening of Aleppo in October 2016 and of East Ghouta in March 2018 by Syria.A bigger concern is Muslim armed groups (non-state actors) who may con-sider themselves as having no obligation under the Geneva Conventions and Customary ihl.1 Although commission of war crimes or crimes against hu-manity may lead to an individual facing charges, a member of a Muslim armed group may not be deterred by such possibility. There have been cases of viola-tions of the ihl principles by these armed groups; for example, Boko Haram, though established in Nigeria, have killed thousands of civilians there as well as in Cameroon, Chad and Niger. The group has targeted places of worship, villages, schools, and markets, and has abducted hundreds of girls. Certain Muslim armed groups may deem violations of ihl to be justified on the ba-sis of Islamic law as they understand it.2 Thus with regard to Muslims, whose religious belief includes that Allah Knows, Sees and Hears every single act or 1 Olivier Bangerter, “Reasons Why Armed Groups Choose to Respect International Humanitar-ian Law or Not,” International Review of the Red Cross 93, no. 882 (2011): 367.2Ibid 370. ......

Item Type: Book Chapter
Additional Information: 1865/87840 - Library has no copy
Uncontrolled Keywords: distinction proportionally, precautions, Geneva Conventions, Islamic law
Subjects: K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Dr. Mohd Hisham Mohd Kamal
Date Deposited: 15 Jan 2021 12:00
Last Modified: 15 Jan 2021 12:07
URI: http://irep.iium.edu.my/id/eprint/87840

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