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Protection of Civilians in Armed Conflicts: a Comparative Study of Modern International Law and Islamic Law - Research Proposal Example

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[Author’s Name] [Class] 09 September 2011 Protection of civilians in armed conflicts: A comparative study of modern international law and Islamic law Introduction How to protect civilians in armed conflict is a difficult question. Much has been written and said about the role of international law and humanitarian agencies in protecting civilians from the tragic consequences of armed conflicts…
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Protection of Civilians in Armed Conflicts: a Comparative Study of Modern International Law and Islamic Law
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Download file to see previous pages Problem statement and research questions The goal of the proposed research is to provide a comparative analysis of how international and Islamic law protects civilians in armed conflicts. The main research questions include: How do armed conflicts affect civilians in Middle Eastern countries? What does international humanitarian law have to say about civilians’ protection during armed conflicts? What are the basic premises of Islamic law protecting civilians in armed conflicts? How does international law compare to Islamic law in terms of protecting civilians in armed conflicts? What can be taken from international humanitarian law, to improve Islamic law and adjust it to the realities of life? Rationale The need for such research is justified by several reasons. First, more and more armed conflicts take place in the Middle East. Second, armed conflicts greatly affect all aspects of civilians’ life. ...
hree out of four deaths are attributed to civilians.4 Apparently, the current state law provides little protection to civilians in locations where armed conflicts occur. Nonetheless, international humanitarian law lists a number of acts that qualify as serious violations of human rights, which include indiscriminate attacks against civilians; mass forcible deportation of civilians and ethnic cleansing; detention and rape; as well as attacks on non-military objects.5 Literature review The current state of literature provides abundant information regarding the issue of civilians’ protection in armed conflicts. The history, importance, and principles of protecting civilians during armed conflicts have been described in abundance. Solf outlined the main stages in historical development of means and methods of warfare.6 According to Solf, the main provisions of customary law concerning the protection of civilians in armed conflicts are included in the Geneva Convention of 1949 and the Protocol I to the Geneva Conventions.7 The latter is cited among the foundational elements of the contemporary legal system.8 However, the twenty-first century has witnessed significant changes in how international humanitarian law is implemented: Watkin writes that globalization and technical advancement change the way violence and modern weapons are applied.9 These changes demand similar changes in international humanitarian law, but overlaps between it and human rights law make such changes extremely difficult.10 It is clear that more conflicts are taking place between the Middle East and the “secular” part of the world. Contemporary researchers explore the issue of civilians’ protection in various armed conflicts, including those which involve Al-Qaeda.11 In a similar vein, ...Download file to see next pagesRead More
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