mohammadmehdi barghi; mohammadreza morshedlou
Volume 12, Issue 3 , November 2023, , Pages 75-95
Abstract
One of the topics that has received the special attention of human rights institutions in recent decades is the issue of the rights of prisoners of war. International legal assemblies ...
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One of the topics that has received the special attention of human rights institutions in recent decades is the issue of the rights of prisoners of war. International legal assemblies have taken an important step towards the protection of prisoners of war through the establishment and approval of the Third Geneva Convention in 1949. At the same time, the issue of the rights of prisoners of war has been given special attention in Islamic jurisprudence, including in Shia texts, both in general and specifically. The current research deals with the question of what is the concept of war and prisoners of war in international law and Imami jurisprudence, and what are the similarities and differences between these two schools of thought regarding the rights of prisoners of war? The study carried out in this article showed that although international documents and Imami jurisprudence have many similarities with each other regarding the concept of war and prisoners of war, However, there are differences between these two schools regarding the laws governing prisoners of war, and among these differences, the criteria for determining the end of captivity and the possibility of enslaving prisoners of war can be mentioned.
