Victimological Analysis of War Crime Victims in Light of Islamic Jurisprudential Teachings

From the beginning of human history to the present, the world has witnessed countless conflicts, confrontations, and wars of varying scales. One of the key elements in this context is attention to victims and their needs and rights. Since the early days of criminal law in ancient societies to the modern era, the victim has played a central role in criminal proceedings and has been regarded as one of the main actors in this domain. The emergence of victimology movements in recent decades and their impact on crime reduction have redirected criminologists’ focus toward new perspectives, including civilian victims and support for those affected by war crimes. Today, war crimes, in diverse forms and with numerous victims, continue to threaten the survival of humanity. This reality necessitates a descriptive-analytical study to examine mechanisms for protecting victims. What is particularly significant in this regard is the implementation of practical policies aimed at safeguarding the rights of victims. The primary objective of the present study is to conduct a victimological analysis of those affected by war crimes in light of religious teachings. The findings of this research indicate that contemporary humanitarian law has developed specific rules for the conduct of war and the legal framework governing it. However, many of the principles emphasized in modern international legal systems had already been established in Islamic teachings, even before the formal emergence of human rights norms related to armed conflict.

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Publication Details

Journal
The Encyclopedia of Comparative Jurisprudence and Law
Published
2025-01-01
DOI
https://doi.org/10.61838/jecjl.139
Primary Topic
Terrorism, Counterterrorism, and Political Violence
Type
article
Field-Weighted Citation Impact
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article

Victimological Analysis of War Crime Victims in Light of Islamic Jurisprudential Teachings

Seyyed Hassan Abedian Kalkhoran, Heydar Ali Jahanbakhshi, Hassan Shavandi
The Encyclopedia of Comparative Jurisprudence and Law
Terrorism, Counterterrorism, and Political Violence
article

Victimological Analysis of War Crime Victims in Light of Islamic Jurisprudential Teachings

Seyyed Hassan Abedian Kalkhoran, Heydar Ali Jahanbakhshi, Hassan Shavandi
article en

Abstract

From the beginning of human history to the present, the world has witnessed countless conflicts, confrontations, and wars of varying scales. One of the key elements in this context is attention to victims and their needs and rights. Since the early days of criminal law in ancient societies to the modern era, the victim has played a central role in criminal proceedings and has been regarded as one of the main actors in this domain. The emergence of victimology movements in recent decades and their impact on crime reduction have redirected criminologists’ focus toward new perspectives, including civilian victims and support for those affected by war crimes. Today, war crimes, in diverse forms and with numerous victims, continue to threaten the survival of humanity. This reality necessitates a descriptive-analytical study to examine mechanisms for protecting victims. What is particularly significant in this regard is the implementation of practical policies aimed at safeguarding the rights of victims. The primary objective of the present study is to conduct a victimological analysis of those affected by war crimes in light of religious teachings. The findings of this research indicate that contemporary humanitarian law has developed specific rules for the conduct of war and the legal framework governing it. However, many of the principles emphasized in modern international legal systems had already been established in Islamic teachings, even before the formal emergence of human rights norms related to armed conflict.

The Encyclopedia of Comparative Jurisprudence and LawVol. 3(2)
Openalex Percentile: Top 73%
Terrorism, Counterterrorism, and Political Violence
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