STUDY OF RESPECT FOR HUMANITARIAN RULES BY NONSTATE ACTORS FROM ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE

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KARAMZADEH SIAMAK; MORADIAN BAHRAM

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2016 | Volume:3 | Issue:3 Page(s): 101-128

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Title

STUDY OF RESPECT FOR HUMANITARIAN RULES BY NONSTATE ACTORS FROM ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE

Author(s)

KARAMZADEH SIAMAK | MORADIAN BAHRAM | Issue Writer Certificate

Keywords

NON-INTERNATIONAL ARMED CONFLICTQ1

COMMON ARTICLEQ1

III OF GONVENTIONSQ1

TERRORISMQ1

ISLAMIC LAW OF WERQ1

NON-STATE ACTORQ1

Abstract

In 2002, an organization was established in Iraq which was later named as ISIS. By taking control of considerable parts of Iraq and Syria, this nonstate actor has taken terrorist acts in occupied territories. DAESH, which has been recognized as a terrorist group, uses terrorist methods to achieve its goals. ISIS's acts in Iraq and Syria are not of those sporadic terrorist actions which can be dealt with through peaceful means and judicial mechanism stipulated in the anti-terrorism treaties. Given the definition set out in Article 1 (2) of protocol II of 1977, the current situation in Iraq and Syria is categorized as NON-INTERNATIONAL ARMED CONFLICT which is governed by humanitarian rules provided in the Article 3 Common to 1949 Geneva Conventions and protocol II. TERRORISM negates fundamental principles of humanity which underlie International Humanitarian Law (IHL). As such, the Article 3 Common to 1949 Geneva Conventions and Article 4 (2) of protocol II prohibit terrorist acts in NON-INTERNATIONAL ARMED CONFLICTs. The parties engaged in the armed conflicts are obliged to observe humanitarian rules provided in Geneva Conventions and its protocols. Nevertheless, ISIS' s inhuman acts in Iraq and Syria clearly show breach of IHL. Furthermore, ISIS which is alleging to establish Islamic state and to carry out Islamic rules in the occupied territory has taken actions which are against Islamic norms and rules.

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APA: Copy

KARAMZADEH, SIAMAK, & MORADIAN, BAHRAM. (2016). STUDY OF RESPECT FOR HUMANITARIAN RULES BY NONSTATE ACTORS FROM ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 3(3 ), 101-128. SID. https://sid.ir/paper/262091/en

Vancouver: Copy

KARAMZADEH SIAMAK, MORADIAN BAHRAM. STUDY OF RESPECT FOR HUMANITARIAN RULES BY NONSTATE ACTORS FROM ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2016;3(3 ):101-128. Available from: https://sid.ir/paper/262091/en

IEEE: Copy

SIAMAK KARAMZADEH, and BAHRAM MORADIAN, “STUDY OF RESPECT FOR HUMANITARIAN RULES BY NONSTATE ACTORS FROM ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 3, no. 3 , pp. 101–128, 2016, [Online]. Available: https://sid.ir/paper/262091/en

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