جنگی قیدیوں کےحقوق اورتحلیل اسیری کےاسالیب (اسلامی بین الاقوامی قوانین اور بین الاقوامی قانون انسانیت کاتقابلی مطالعہ)

War Captive’s Rights and Methods of Dissolving War Captivity (Comparative Study of International Law of Islam and International Humanitarian Law)

Abstract

The military confrontation and the armed conflicts have been major factors in the global catastrophe of mankind since last two centuries generally and especially first half and last quarter of the twenty century and the first quarter of twenty first century. In these armed conflicts, human sufferings especially war captivities became worsen. Minimizing the sufferings of war captives is also a form of resuscitation of humanity. The historical human practice to terminate war captivity, persists on five methods: freedom gratis, ransom, exchange of war captives, execution and enslavement. Since the advent of Islam, Islam introduced its own code of conduct for the dissolution of war captivity, which is based on human welfare and compassion. These tanents have been being practiced since the advent of Islam. The importance of these Islamic codes of conduct in the present age, is further enhanced by the fact that the majority of the war-torn vicinities consist of Muslim populated areas contemporarly and the majority of those taken as prisoner of war, belongs to Islam. Therefore, the main focus of this article, is on the study of Islamic Code of Conduct for the release of prisoners of war. As the war on Muslim-populated areas has been imposed by international powers, this article also includes a comparative study of Islamic International Humanitarian Law (IIHL) and Conventional International Humanitarian Law (CIHL) for the dissolution of war.