Definition and domain of war tricks and its distinction with betrayal in armed conflicts from the perspective of Islamic humanitarian law in comparison with international treaties
War has long been considered as a state of emergency and has led to permitting some illegitimate acts. One of these acts is to use a trick, which can be very useful. Sometimes a war trick can significantly reduce the loss of life and property of a war. The central element of the trick is to deceive and mislead the other party; While the betrayal of war is based on the same but not permitted in any way, Therefore, determining the domain of war tricks depends on comparing it with the concept of betrayal. In international treaties and custom, these two concepts are distinguished from each other by presenting a specific rule. In Islamic jurisprudence, despite the thematic and rule separation of these two concepts, it seems somewhat difficult to find the criterion of this separation. In this article, using library resources and descriptive-comparative study of the works of Imami and Sunni jurists, the criterion for distinguishing between deceit and betrayal in Islamic law has been determined and compared with the provisions of international treaties. The conceptual distinction between betrayal and deceit, as well as the criterion proposed in the First Protocol to the Geneva Convention, is exactly in line with the view of Islamic jurisprudence.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.