Thesis Abstract

<p> </p><div><p>The fundamental target of both Islamic law of war and</p><p>international Humanitarian law is to protect the Rights and Persons</p><p>of both combatants and non-combatants during and after the</p><p>hostilities thus, the amount and extent of violence applied in war</p><p>must be limited to achieving military objective, that is to subdue</p><p>the enemy, such an action/violence should be proportionate, in</p><p>other words, there should be a clear distinction between</p><p>combatants and non-combatants, meaning, the law restricts both</p><p>the means and method of waging war and object against which</p><p>such &nbsp; &nbsp; means may be employed. &nbsp; &nbsp; Thus, civilians and civilian</p><p>objectives must not be made the object of direct attack, they</p><p>should be accorded necessary protection against the dangerts</p><p>arising from military operation, such as indiscriminate attack that is</p><p>expected to cause incidental less of civilian life, injury to civilians,</p><p>damage to civilian objects or a combination thereof which would</p><p>be excessive in relation to the concrete and direct military</p><p>advantage anticipated.</p><p>In the same vein, a combatant who can no longer take part in</p><p>hostility due to sickness or surrender should not be attacked or</p><p>vi</p></div><div><p>killed, but should be accorded all necessary protection as provided</p><p>under protocol, and by extension all other prisoners of war, as</p><p>contain under the third Geneva convention of 1949 as well articles</p><p>14 and 75 (2) of protocol 1 of 1977 additional to Ge</p></div> <br><p></p>

Thesis Overview