THE RIGHTS OF DETAINEES BETWEEN INTERNATIONAL LAW AND THE PROVISIONS OF ISLAMIC SHARIA

Abstract

The international community's effort to protect individuals from violence and abuse has led to the emergence of two sets of rules. One is called international humanitarian law, which emerged as a term in the 1970s and was associated with the negotiations that took place between 1974-1977 in Geneva, culminating in the drafting of the Geneva Protocols annexed to the four Geneva Conventions of 1949. This body of law includes what was traditionally known as the law of war or the law of armed conflict. The second set of rules is known as international human rights law, which also emerged as a term in the 1970s following the entry into force of the two International Covenants on Human Rights. These two laws have distinct meanings, and Islam has predated in addressing all these issues, including the treatment of detainees in such wars.