خلاصة:
The cheap and easy technology of biological weapons has become a legitimate threat, now. This is no longer limited to the realm of a scientific mythology, nor is it limited to specific geographical areas. Biological terrorism (bioterrorism) against individuals may cause death, disease, weakness and panic in a society, cause social disruption and become a threat to international peace, security, and public order. Using a descriptive-analytical method, the present study delves into the subject matter of this phenomenon, to express the nature and characteristics of biological attack and then in light of the principles and sources in international law and Islam gives a jurisprudential and legal analysis of biological attack. According to Islamic law and jurisprudence, the tenets of human rights and especially the right to life, and moral values, any biological weapon in any form that targets the innocent and the civilians is not allowed; It is indeed more of a “bloodshed” in that many innocents are killed and is a prototype example of “corruption on Earth” as presumed in Islam.
ملخص الجهاز:
Since in the view of Islamic laws and jurisprudence, the observance of human rights, the right to life, and moral values are emphasized, and any biological weapon, in whatever form it may be, that targets innocent and non-combatant individuals, its use is not permissible; and furthermore, it is consistent with the expression 'safk al-dima' (shedding of blood), because a biological attack may lead to the shedding of the blood of thousands of innocent people and is among the instances of 'ifsad fil-ard' (mischief on earth).
(Zamani, 1385: 30) Therefore, "the right to life" and "the right to health and public • wellness" are among the most important and essential human rights; thus, the threat to the aforementioned rights has been one of the important subjects of the international law system regarding the hostile use of biological agents during war and peace, because the effects that these biological attacks have on the security of society, the lives of individuals, and future generations are irreversible and widespread.
2-2- International Humanitarian Law Rules In the international law system, there was initially a prohibition on the use of biological agents during wartime; therefore, international humanitarian law, which is also referred to by titles such as "the law of war" or the law of armed conflicts, is a branch of general international law and includes international legal principles, rules, and regulations that examine and resolve the human issues and problems arising from international and non-international armed conflicts, limits the rights of the parties to the conflict in employing methods and techniques of warfare as well as the use of weapons of war, directs military operations, and protects persons and property that have been or will be exposed to the effects of armed conflicts.
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