Information Regarding the Issue of Civilians Protection in Armed Conflicts - Research Proposal Example

? 09 September Protection of civilians in armed conflicts: A comparative study of modern international lawand 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. Unfortunately, most, if not all, development in international law, generate confusion and misunderstanding. Moreover, few, if any, countries comply with these international law demands. The situation is particularly problematic in Islamic Law. Since most contemporary conflicts take place in Middle Eastern countries, Islamic law has to be adjusted to meet the new demands of military reality. 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. Actually, “civilian populations are usually the first victims and have gradually become the targets of belligerents during internal armed conflicts”.1 Moreover, 90% of all deaths in armed conflicts are claimed to affect civilians.2 In 1991, the Department of Peace and Conflict Research in Uppsala University published a report, claiming that between 1988 and 1989 alone, over five million people had been killed in the most serious armed conflicts.3 In locations where statistical data on the number of civilian and military deaths is available, three 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, different researchers at different times explored the issue of protecting women from and during armed attacks12, the issues of gender and children in transnational and local conflicts13, the ways in which human rights law can be applied to internal armed conflicts, like Chechnya14, Nicaragua and El Salvador15. Needless to say, contemporary literature provides a wealth of information about how international humanitarian law and human rights law work in the context of armed conflict and can reduce their negative effects on civilians. But what about Islamic law? Surprisingly or not, the knowledge of Islamic law and its utility in armed conflicts is scarce. This year, Niaz A Shah has published his book Islamic Law and the Law of Armed Conflict, which speaks of and shows how international law can be applied in Muslim cultural contexts, without conflicting or compromising Islamic law, with the purpose to protect civilians from armed conflicts. According to Shah, “the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels”.16 However, Shah alone cannot improve the current knowledge of Islamic law and create conditions that foster the use of other regulations and codes in Islamic legal contexts. Most of what has been written about armed conflicts in the Middle East concerns the notion of Jihad.17 Therefore, future research is needed to (1) compare international and Islamic law in terms of civilians’ protection in armed conflicts; and (2) facilitate the use and application of international humanitarian law in Middle Eastern countries. Methods The research will rely on primary legal documents and secondary sources of data (peer-reviewed books and journal articles). Qualitative methods will be used to compare and analyze the applicability of laws in Islamic law. Qualitative methods are associated with certain limitations, since they lack precision and create a complex, subjective view of the world. Yet, given that the study will rely on detailed interpretation of laws and regulations, qualitative methods exemplify the best and most promising approach to the proposed study. Works Cited Abresch, William. “A Human Right Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya.” The European Journal of International Law, 16.4 (2005): 741-767. Print. Carpenter, R. Charli. “Women, Children and Other Vulnerable Groups”: Gender, Strategic Frames and the Protection of Civilians as a Transnational Issue”. International Studies Quarterly, 49 (2005): 295-334. Print. Cassese, Antonio. “Terrorism Is Also Disrupting Some Crucial Legal Categories of International Law.” European Journal of International Law, 12 (2001): 993-1015. Print. Checchi, Francesco. “Comment: Estimating the Number of Civilian Deaths from Armed Conflicts.” The Lancet, 375.9 (2010): 255-7. Print. Edwards, Alice. Violence Against Women Under International Human Rights Law. Cambridge University Press, 2011. Print. Gardam, Judith and Hilary Charlesworth. “Protection of Women in Armed Conflict.” Human Rights Quarterly, 22 (2000): 148-166. Print. Goodman, Ryan. “The Detention of Civilians in Armed Conflict.” The American Journal of International Law, 103 (2009): 48-74. Print. Goldman, Robert Kogod. “International Humanitarian Law and the Armed Conflicts in El Salvador and Nicaragua.” American Journal of International Law and Policy, 2 (1987): 539-578. Print. Gray, Christine D. International Law and the Use of Force. Oxford University Press, 2008. Print. Haye, Eve. War Crimes in Internal Armed Conflicts. Cambridge University Press, 2008. Print. Heintze, Hans-Joachim. “On the Relationship Between Human Rights Law Protection and International Humanitarian Law.” IRRC, 86.856 (2004): 789-814. Print. Hughes, Lynn. “Can International Law Protect Child Soldiers?” Peace Review, 12.3 (2000): 399-406. Print. Khadduri, M. War and Peace in the Law of Islam. The Lawbook Exchange, 2006. Print. Peters, Rudolph. Jihad in Classical and Modern Islam: A Reader. Markus Wiener Publishers, 2005. Print. Roberts, Adam. “Lives and Statistics: Are 90% of War Victims Civilians?” Survival, 52.3 (2010): 115-136. Print. Shah, Niaz A. Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan. NY: Routledge, 2011. Print. Smith, D. The State of War and Peace Atlas. London: Penguin Books, 1997. Print. Solf, Waldemar A. “The Status of Combatants in Non-International Armed Conflicts Under Domestic Law and Transnational Practice.” The American University Law Review, 33 (1983): 53-66. Solf, Waldemar A. “Protection of Civilians Against the Effects of Hostilities Under Customary International Law and Under Protocol I”. American Journal of International Law and Policy, 1 (1986): 117-135. Print. Watkin, Kenneth. “Controlling the Use of Force: A Role for Human Rights Norms in Contemporary Armed Conflict.” The American Journal of International Law, 98.1 (2004): 1-34. Print. Read More