Etymology of War Perfidy from the Perspective of Islamic Humanitarian Law in Comparison to the Hague Convention and the Geneva Conventions

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Haghighat Pour Hossein

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Journal Paper

Paper Information

Journal: Fiqh va Usul Year:2021 | Volume:52 | Issue:4 (123) Page(s): 41-61

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Information Journal Paper

Title

Etymology of War Perfidy from the Perspective of Islamic Humanitarian Law in Comparison to the Hague Convention and the Geneva Conventions

Author(s)

Haghighat Pour Hossein | Issue Writer Certificate

Keywords

Humanitarian LawQ1

Armed ConflictsQ1

JihadQ2

War PerfidyQ1

Ruse of WarQ1

Ghadar (treachery)Q1

Abstract

War Perfidy is among the concepts of international law of Armed Conflicts and war crimes in international criminal law. It has been attempted in the Hague Convention as well as the Protocol I Additional to the Geneva Conventions to define this concept and clarify it by giving examples; the definitions are mostly derived from international custom. There is no definition of this concept in the military laws of our country and this definition has been approved only in the form of the Bill of Accession of the Islamic Republic of Iran to the Protocol Additional and article 127 of the Armed Forces Penal Code has imperfectly mentioned some examples of this crime. In the jurisprudential heritage of Islam, despite referring to War Perfidy through keywords such as Ghadar (treachery), perfidy has not been defined. Accordingly, the author intends in this paper, by using library sources and analytical-comparative method to define War Perfidy as a criminal title from the viewpoint of Islamic sources and rectify the elements of this concept. The outcome of this research is that the jurisprudential definition of War Perfidy crime is close to the definition provided in Protocol I Additional to the Geneva Conventions with slight difference and preference.

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APA: Copy

Haghighat Pour, Hossein. (2021). Etymology of War Perfidy from the Perspective of Islamic Humanitarian Law in Comparison to the Hague Convention and the Geneva Conventions. QURANIC & HADITH STUDIES, 52(4 (123) ), 41-61. SID. https://sid.ir/paper/398763/en

Vancouver: Copy

Haghighat Pour Hossein. Etymology of War Perfidy from the Perspective of Islamic Humanitarian Law in Comparison to the Hague Convention and the Geneva Conventions. QURANIC & HADITH STUDIES[Internet]. 2021;52(4 (123) ):41-61. Available from: https://sid.ir/paper/398763/en

IEEE: Copy

Hossein Haghighat Pour, “Etymology of War Perfidy from the Perspective of Islamic Humanitarian Law in Comparison to the Hague Convention and the Geneva Conventions,” QURANIC & HADITH STUDIES, vol. 52, no. 4 (123) , pp. 41–61, 2021, [Online]. Available: https://sid.ir/paper/398763/en

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