JISPIL Vol 11 Issue 1 2015 - A4

RECIPROCITY UNDER INTERNATIONAL HUMANITARIAN LAW AND THE ISLAMIC LAW OF WAR
Matthias Vanhullebusch
 
ABSTRACT
The issue of compliance with the laws of war across the Islamic world in the past (and more than ever in the present) has often been disregarded and misunderstood. Therefore, a contextual reading of International Humanitarian Law and the Islamic Law of War towards their natural law interpretation might reveal that the principle of (non-)reciprocity in both legal traditions can serve as a powerful tool to transcend the vicious circles of violence and human suffering. Calling for a shared humanitarian conscience – between state and non-state fight parties alike –and regardless of its evolutionary or creationary source may on the long term contribute to that very end.
 
Keywords: Reciprocity, International Humanitarian Law, Islamic Law of War

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