TREATMENT OF PRISONERS OF WAR BETWEEN INTERNATIONAL HUMANITARIAN LAW AND ISLAMIC SHARIA
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Abstract
The international community has made great efforts to establish humane treatment of prisoners within the framework of International Humanitarian Law, which reflects the principles of the noble Islamic Sharia, which has significantly contributed to this treatment during international and non-international armed conflicts. The prisoner is the weakest link in an armed conflict after he has been stripped of his weapons. Both international conventions and Islamic Sharia guarantee a number of rights for prisoners during their captivity, demonstrating the commitment to the principle of equality in humane treatment.
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References
I. Sources
The Holy Quran
II. International Texts
Regulations concerning the Laws of Land Warfare (1907): Important legal texts related to the laws of war.
Geneva Convention on the Treatment of Prisoners of War: Dated August 12, 1949, entered into force on October 21, 1950.
III. Books
Ahmad ibn Ali ibn Hajar al-Asqalani, Fath al-Bari in Sahih al-Bukhari, Dar al-Ma’rifah, Volume 6, 1st Edition, Beirut, Lebanon, no publication year.
Sharif Alatam and Mohamed Maher Abdel Wahid, Encyclopedia of International Humanitarian Law Agreements: Official Texts of Agreements and Ratifying and Signing States, 6th Edition, International Committee of the Red Cross, Cairo, 2002.
Omar Hafsi Farhati et al., Mechanisms of International Protection for Human Rights and Fundamental Freedoms, Dar al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2012.
Abdel Ghani Mahmoud, International Humanitarian Law: A Comparative Study with Islamic Law, Dar al-Nahda al-Arabiya, 1st Edition, 1991.
Omar Saad Allah, The Development of Codification of International Humanitarian Law, Dar al-Gharb al-Islami, 1st Edition, 1997.
Abdel Kader Houba, National and International Efforts to Enforce the Rules of International Humanitarian Law, Dar Houma for Printing and Publishing, 2015.
Wahba al-Zuhayli, The Effects of War in Islamic Jurisprudence, Dar al-Fikr al-Arabi, 1st Edition, Beirut, Lebanon, 1964.
IV. Articles
Jaafar Radhia and Abdel Halim Bouchekiou, “Respect for the Rules of International Humanitarian Law in the Treatment of Prisoners during the Algerian Liberation War (1954-1962),” Journal of Legal and Political Thought, Volume 7, Issue 2, Algeria, 2023.
Khalifi Mohamed, “The Guarantees Established for the Protection of Prisoners of War between Islamic Law and International Humanitarian Law,” without journal name, without country of publication.
Khouni Munir, “The Protecting Power: An Ineffective Mechanism or One That Should Be Activated for the Application of International Humanitarian Law,” Journal of Legal and Political Studies, Issue 6, Algeria, 2017.
Mohamed Jabr Said Abdullah Jamil, “The Concept of Prisoner of War and Their Rights and Status in International Humanitarian Law: A Comparative Study in Light of Islamic Law,” African Journal of Legal and Political Studies, Volume 8, Issue 2, 2024.
Zryani Abdullah, “The Legal Protection of Prisoners of War and the Role of the International Committee of the Red Cross in Their Protection,” Oases Journal for Research and Studies, Volume 12, Issue 2, Algeria, 2019.
Werniqi Mohamed and Werniqi Sharif, “Prisoners in War in International Humanitarian Law and Islamic Law,” *Journal of Islamic Studies, Issue 2, 2013.
V. Theses
Rouchou Khalid, “Prisoners of War in International Humanitarian Law,” Master’s Thesis, Tiaret, 2007.