PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
The fundamental target of both Islamic law of war and international Humanitarian law is to protect the Rights and Persons of both combatants and non-combatants during and after the hostilities thus, the amount and extent of violence applied in war must be limited to achieving military objective, that is to subdue the enemy, such an action/violence should be proportionate, in other words, there should be a clear distinction between combatants and non-combatants, meaning, the law restricts both the means and method of waging war and object against which such means may be employed. Thus, civilians and civilian objectives must not be made the object of direct attack, they should be accorded necessary protection against the dangerts arising from military operation, such as indiscriminate attack that is expected to cause incidental less of civilian life, injury to civilians, damage to civilian objects or a combination thereof which would be excessive in relation to the concrete and direct military advantage anticipated.
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To examine the purpose of war under the said two legal systems.
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To determine war crimes under the two legal systems as well as their punishment.
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To examine the differences between the two legal systems.
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To fill in the vacuum left by learned jurists in the two legal systems, and to offer some suggestions on how to fill the said vacuum as well as to further develop same.
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