Ethics of War: A comparative study of International Humanitarian Law

Authors

  • Dr.Hamidullah Lecturer, Faculty of Shari’ah & Law, International Islamic University Islamabad (IIUI)

Keywords:

MIL, IHL, Combatants, Mutilation, Perfidy, Prisoners, Ambassadors

Abstract

peacefully. In case of attack by non-Muslims, Muslim state is bound to repel the aggression accordance with ethics and manners of war.  It also allows and sometime bounds Muslims to wage war against aggressors in case of justified cause of war. Ethics of war (Jus in bello) is also recognized by International Humanitarian Law(IHL). The notion of some orientalists regarding MIL that it does not fulfil the need of 21th century is a misunderstood concept. According to CIL, there are two important aspects of war: The first one "Jus ad bellum", that discusses the validity and causes of war. The second one is "Jus in bello" which explains the modes and ethics of war. This article covers an analysis of the modes and ethics of war (Jus in bello) in MIL and IHL.

This article instigates the view point of Muslim jurists regarding the ethics and manners of war. The preferred view point of Muslim jurists irrespective of their school of thought is considered as a general rule of MIL. The preferred view point of Muslim jurist is studied comparatively with the provision of IHL.

This article sums up that MIL bounds Muslims state to invite non-Muslim belligerents to accept Islam. The cause of war is to be lawful and justice is to maintained during war at any cost. MIL also differentiate between the combatants and non-combatants. Non-combatants will not be killed while combatants will neither be burnt nor mutilated. Destruction of the combatants' property is strictly prohibited. MIL does not allow looting during war and this is the unique manner of MIL. Killing of prisoners and ambassadors is also prohibited. All kinds of perfidy are prohibited during war. Mismanagement and nosing is not allowed. Conversely, IHL also endorses all the above mentioned ethics and manners of war prescribed by MIL.

Downloads

Published

2021-12-30

How to Cite

[1]
Dr.Hamidullah 2021. Ethics of War: A comparative study of International Humanitarian Law. Peshawar Islamicus. 12, 2 (Dec. 2021), 38–58.