Legal protection of civilians in time of armed conflicts: the issue of enforcement

• Main Authors: Eishan Jan, Mohammad Naqib, Ahmad, Muhamad Hassan
• Format: Article
• Language: English
• Published: Serials Publications Pvt. Ltd. 2020
• Subjects: KZ Law of Nations
• Online Access: http://irep.iium.edu.my/86391/7/86391_Legal%20protection%20of%20civilians%20in%20time%20of%20armed%20conflicts.pdf; http://irep.iium.edu.my/86391/; https://www.serialsjournals.com/index.php?route=product/product&product_id=411

Albeit the international humanitarian law (IHL) set principles and rules for the protection of civilians and civilian objects such as the rules of ‘distinction’, ‘humanity’ and ‘proportionality’ in time of armed conflicts; it is undeniable fact that civilians have always been the major victims of all kinds of wars across the world. Accordingly, this paper investigates why civilians - including men, women and children - persistently constitute the bulk of the victims in such conflicts despite the fact that there are adequate and universal legal norms for the protection of civilians in time of armed conflicts. Besides, it also briefly explores the compatibility of the contemporary rules of IHL with relevant rules of Shari`ah. Finally, authors propose some recommendations to end the culture of impunity and advance the culture of protecting civilians in time of armed conflicts.