نوع مقاله : پژوهشی
استادیار، گروه حقوق، دانشکده علوم اجتماعی و حقوق، دانشگاه پیام نور، تهران، ایران.
عنوان مقاله [English]
Supporting civilians in armed conflicts is one of the important issues that has always been the subject of debate. This article examines the approach of jurisprudence and international criminal law in protecting civilians in armed conflict. The current article is descriptive and analytical and the mentioned question by using the library method has investigated. The findings of the article indicate that the protection of civilians and the necessity of separation between military and civilian forces is one of the fundamental principles of humanitarian rights in international law. The guarantee of protection of civilians against attacks, creating fear and panic among the civilian population and using poisonous and mass killing weapons are prohibited and to take precautionary measures in military attacks in order to protect the lives of civilians is necessary. In Islam, the principle of separation of military personnel in armed conflicts is recognized. The basis of this principle is verse 190 of Surah Al-Baqarah, which according to the clear implication of this verse, war is reserved for those who are actually in fighting engaged. In international humanitarian law, civilians in general and especially children and women are protected. In Islam, people such as women, children and the elderly who are not actually soldiers are supported. As a result, the protection of civilians both in religious teachings and in international humanitarian law is emphasized.