PROTECTION OF CIVILIANS DURING INTERNATIONAL ARMED CONFLICTS IN INTERNATIONAL HUMANITARIAN LAW AND DIVINE LAWS A COMPARATIVE STUDY

Abstract

This study to show the protection of civilians during international armed conflicts in both international humanitarian law and divine laws, and to emphasize that the idea of ​​humanitarian law is found in the divine laws, in particular Islamic law, and also emphasized the extent to which the rules of international humanitarian law are affected by basic principles and general, humanitarian, ethical and moral principles Islamic law, and the confluence of international humanitarian law with Islamic law in protecting civilians. The study also showed that Islamic jurisprudence affirmed clearly and unambiguously, that all hostilities must be restricted to the battlefield against enemy combatants alone and the prohibition against deliberately targeting civilians and non-combatants during the course of combat operations. Thus, Islamic law applied the rules of international humanitarian law for many centuries, and addressed the Muslim community in all its categories, and obligated them to worldly and other punishment before being addressed by international law fourteen centuries ago. It forbade fighting those who did not fight, as well as not fighting those who laid down arms, killing monks and clerics, destroying silos and selling, and preventing vandalism in all its forms.