PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION

PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION

ABSTRACT

The fundamental target of both Islamic law of war and international Humanitarian law is to protect the Rights and Persons of both combatants and non-combatants during and after the hostilities thus, the amount and extent of violence applied in war must be limited to achieving military objective, that is to subdue the enemy, such an action/violence should be proportionate, in other words, there should be a clear distinction between combatants and non-combatants, meaning, the law restricts both the means and method of waging war and object against which such means may be employed. Thus, civilians and civilian objectives must not be made the object of direct attack, they should be accorded necessary protection against the dangerts arising from military operation, such as indiscriminate attack that is expected to cause incidental less of civilian life, injury to civilians, damage to civilian objects or a combination thereof which would be excessive in relation to the concrete and direct military advantage anticipated. In the same vein, a combatant who can no longer take part in hostility due to sickness or surrender should not be attacked or vi killed, but should be accorded all necessary protection as provided under protocol, and by extension all other prisoners of war, as contain under the third Geneva convention of 1949 as well articles 14 and 75 (2) of protocol 1 of 1977 additional to Geneva convention.