ভূমিকা

Shiavault - a Vault of Shia Islamic Books Islamic Views On Human Rights: Viewpoints of Iranian Scholars International Humanitarian Law In Islam And Contemporary International Law Hujjat al-Islam Dr. Sayyid Mustafa Muhaqqiq Damad Introduction War is one of the most catastrophic phenomena human beings face. That is why it is emphasized that the requirements of war should give way to humanitarian imperatives. The most basic rights of human beings have been violated during wars.

Therefore, the relationship between the laws of war and human rights should be taken into consideration. It seems that the violation of human rights during wartime may be minimized if wars are somehow legally regulated. The existence of some internationally sanctioned legal principles can serve this cause.

Although humanitarian considerations have been included in many international legal instruments-dating back to the nineteenth century - no direct link between human rights and law of war was established until the late 1960’s. Their first formally accepted conjunction could be traced back to the international human rights conference in Tehran (1968) where a resolution was adopted in this regard.

According to this resolution, the observance of human rights should be taken into consideration in various types of legal regulation including those governing “armed confrontations.” In the same year, the UN General Assembly confirmed the contents of this resolution. Of course, armed confrontations are not limited to international relations, “Human rights imperatives” should be followed in civil way and other form of domestic armed confrontations.

In other words, human rights should be observed in any kind of armed-and of course non-armed-conflicts. It is worth mentioning that many centuries before the advent of modern international attempt to formulate the law was in accordance with the observance of minimum standards of human rights, in many divine religions, especially in Islam. The observance of human rights during wartime was taken into consideration.

One of the important discussions in the Islamic law is the prohibition of brutal and inhumane behavior in armed confrontations. The following article analyses humanitarian law from an Islamic point of view. According to Islamic law, the dignity of human beings should not be denied and any arbitrary and immoral treatment of people should be avoided. The evident fact is that the history of war dates as far back as the history of man.