Comparing International Humanitarian Law and Islamic Law on War Captives: Observing ISIS

Jurnal Dauliyah, Vol 2 (2016)

22 Pages Posted: 1 Sep 2017  

Fajri Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law; International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws

Date Written: 2016

Abstract

The Syrian conflict brings warfare to a new level where jihadists have evolved from small terrorist cells into large armed groups. The Islamic State of Iraq and Sham (ISIS) seem to be the most outstanding and eye-catching of all, as they seem to be the strongest and most brutal among them. They have allegedly committed numerous breaches of international humanitarian law(IHL). especially in the treatment of War Captives. This includes summary execution, torture, and even acts of crucifixion. While ISIS claims to follow only Islamic law and dismisses other laws, does this mean that Islamic laws of war are inconsistent with IHL? This article will first examine relevant rules of IHL and Islamic laws of war with a focus on the treatment of war captives, finding that the two laws are generally consistent except for a few points. Then the practice of ISIS regarding the treatment of war captives will be observed, and it will be found that there are numerous evidence of violations towards both IHL and Islamic law.

Keywords: International Humanitarian Law, ISIS, Islamic Law, war captives

Suggested Citation

Muhammadin, Fajri, Comparing International Humanitarian Law and Islamic Law on War Captives: Observing ISIS (2016). Jurnal Dauliyah, Vol 2 (2016). Available at SSRN: https://ssrn.com/abstract=3029466

Fajri Muhammadin (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

HOME PAGE: http://fajrimuhammadin.staff.ugm.ac.id

International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws ( email )

P.O. Box 10, 50728
Kuala Lumpur
Malaysia

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