by Michele Scolari
In contemporary armed conflicts, the universality of International Humanitarian Law (IHL) faces obstacles as certain Non-State Armed Groups (NSAGs) reject this framework, choosing to only apply Islamic Law. The paper investigates how Islamic Law of Armed Conflict (ILAC), in particular its principle of humane treatment, can play a role in modern conflicts thanks to its alignment with the same principle provided by IHL. It will be demonstrated that minimum guarantees of protection can nevertheless be secured by solely relying on ILAC, underscoring the importance of recognizing this set of norms as a central tool to promote humane treatment in armed conflict. Lastly, by examining the diverse approaches to ILAC by Al-Qaeda and the MILF/BIAF, the papers also offers examples of its application in practice.
Keywords: International Humanitarian Law (IHL), Islamic Law of Armed Conflict (ILAC), MILF/BIAF, Al-Qaeda, humane treatment.
