We seek to do this in three ways – first, by identifying what IHL says about the protection of children. 3 As both legal systems contain provisions that govern the treatment of children in situations of armed conflict, the purpose of this article is to identify complementarities between the two frameworks so as to strengthen weapons bearers’ adherence to protective norms, bridging the discourses between the Islamic law and IHL protections of children in order to find mutual reinforcement. In countries where the majority of the population is Muslim, 2 or where Islam is used as part of the value system of weapons bearers, a number of parties to conflict have expertise in and look to the rules of the Islamic law of war as they fight, and can be more conversant in and loyal to these rules than to the applicable rules of international humanitarian law (IHL). To reduce this harm, the law protecting children in war – though existing comprehensively on paper – needs context-specific solutions to counter severely inadequate implementation. 1 This suffering is particularly evident among children living in countries where the majority of the population is Muslim: conflicts such as those in Afghanistan, Somalia, the Syrian Arab Republic and Yemen demonstrate the imperative need to reduce the harm marking the lives of children affected by these wars. IntroductionĬhildren shoulder a disproportionate human cost of the armed conflicts raging today, as the laws designed to protect them from the worst excesses of war too often fail to do so. This comparative exercise spotlights four key topics marking the wartime experience of children: the unlawful recruitment and use of children by armed forces and armed groups, the detention of children, their access to education, and the situation of children separated from their families. It examines areas of convergence and divergence, and areas where there is room for clarification between these two legal systems. This paper compares how rules of international humanitarian law and rules of Islamic law protect children in armed conflict.
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