الأحكام القضائية الصادرة خلال النزاعات المسلحة غير الدولية / Judicial Resolutions Issued During non-International Armed Conflicts in Islamic Law and İnternational Law

Yıl 2015, Cilt: 3 Sayı: 5, 0 - 0, 25.10.2016

Bahaeddin Aljasem

Öz

The judicial institution is considered one of the basic institutions the state and the
society depend on, but some disorders a country goes through make the operation
of this establishment unstable and in cases of conflicts and international and noninternational
wars also. In ancient times, jurists talked about judicial judgments
issued in such circumstances entitled (Rebels Judge) or (Kharijites Judgment) .The
international law tackled this through the second index of Geneva Convention
1949, protocol released in 1977. The research most important findings are that the
Jurisprudence and the law gave general judgments in this issue. The researcher
sees the importance of differentiating between the cases by differentiating between
cases of people involved in the conflict and the disagreements among normal
people and also with resolutions related to civil cases and those related to the
criminal ones.