Abstract
The central thrust of this paper is on the legal analysis of the rights and treatment of prisoners of war under Islamic International Humanitarian law. Islamic Law as a complete system of law has corresponding rules regulating the treatment of prisoners of war and imbibed therein is the elementary considerations of humanity. This paper makes use of the doctrinal methodology in making legal analysis of the Rights and Treatment of Prisoners of War under Islamic International Humanitarian and in so doing, making cross references with the International Humanitarian Laws of the Geneva Conventions. The paper concludes that the fundamental rules and principles relating to the rights of prisoners of war under Islamic Law show striking similarities with that of the Geneva Conventions. However, issues of maltreatment of persons detained in armed conflicts as well as lack of political will by belligerents to respect and prevent violation of International Humanitarian Law (IHL) are increasingly common area of concern to the extent that Islamic laws and norms relating to the rights and treatment of prisoners of war is a better alternative to conventional International Humanitarian Laws and can be used as a model for improving the contemporary International Legal Regime
Highlights
Issues of maltreatment of persons detained in armed conflicts as well as lack of political will by belligerents to respect and prevent violation of International Humanitarian Law (IHL) are increasingly common area of concern to the extent that Islamic laws and norms relating to the rights and treatment of prisoners of war is a better alternative to conventional International Humanitarian Laws and can be used as a model for improving the contemporary International Legal Regime
This paper focuses on making a legal analysis of the Rights and Treatment of Prisoners of War under Islamic International Humanitarian Law
The Third Geneva Convention relating to the treatment of prisoners of war deals extensively with the plight of those taken captive in war, declaring that “Prisoner of war will at all times be treated humanely”[31] Prisoners of wars (POWs) are members of the armed forces of one of the parties to the conflict who fall with the hands of the adversary during an international armed conflict
Summary
Some other jurist argues that this command includes prohibition of mutilation of the dead bodies of the enemy soldiers and maltreatment of the prisoners of war.[16] Some others Muslim Jurist 17 believed that the command implies that Muslims should refrain from killing those who are not capable of fighting such as women, children old people, monks and other noncombatants. They relied on two grounds for their argument. Muslim jurists further unanimously agree that there will be no compensation in material terms for the killing of non – combatant in such a situation.[30]
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