comparative study between The primary Jihad in Islamic law and Responsibility To Protect in international law

Author(s):
Abstract:
It is clear that the establishment and continuity of International public order deponds on observance of the fundomantal principles and norms of the International society. Peaceful coexistence and realations and rejection of war and violence are the most important and most significant of these basic principles. At the same time efforts of various nations under the rule of a tyrants to liberation, has found nature demostic, many of the armed conflicts Which works naturally seek international as well as have many questions And attracted the attention of many lawyers and efforts have been made to the doctrine of "responsibility to protect" to be answered ; In this study, we sought to answer the question that is whether the Jihad in the Shiite is compatible with the responsibility to protect doctrine in international law. In this comparative study, we briefly review the rules governing the prohibition of the use of force and also explain the concept of primary jihad and the responsibility to protect we, have concluded that despite the differences in structure and territory, from the theoretical and philosophical and since it is one of the most important application is the primary jihad to liberate the nation that under tyranny and dictatorship, dignity, honor, life and property exposed to over run their domination, so with the responsibility to protect doctrine is applicable
Language:
Persian
Published:
Comparative Law Review, Volume:7 Issue: 2, 2017
Pages:
551 to 567
https://magiran.com/p1659515