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 Ge
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