خلاصة:
Support for liberation movements and their rights and duties in armed conflicts is one of the most important topics in international criminal law. According to international law, support from states for liberation movements is even justifiable in the form of military aid, although these movements must also observe the rules and regulations related to armed conflicts. In Islamic law, based on the rules related to armed conflicts, specific rights are recognized for the protection of non-combatant citizens, especially those most vulnerable to harm, such as children, women, the elderly, and the disabled. One of the most important regulations regarding this category of victims is that, according to Islamic law, even killing children and women who are directly participating in armed conflicts is not permitted except in emergency circumstances—that is, if they are directly attacking a Muslim, in which case this killing is justifiable based on self-defense. In the present research, the rights and duties of liberation movements and also the supporting states of these movements, particularly the duty to respect the rights of non-combatant citizens in armed conflicts, have been examined from the perspective of Islam and international criminal law.
ملخص الجهاز:
Based on international law, the protection provided by states to liberation movements is justifiable even in the form of military aid, although these movements must also observe the rules and regulations related to armed conflicts.
One of the most important regulations regarding this category of victims is that, according to Islamic law, even killing children and women who are not directly participating in armed conflicts is not permitted except in emergency circumstances, meaning if they are directly attacking a Muslim, in which case this killing is justifiable based on self-defense.
The convention approved by the Organization of the Islamic Conference regarding the fight against terrorism, in distinguishing between the concept of terrorism and the struggles of liberation movements, states in Article 2 that armed struggle against occupation, foreign aggression, colonialism, and foreign domination for the purpose of liberating territories or achieving the right to self-determination, which is carried out in line with the principles of international law, is a legitimate right * of humans and is not considered a terrorist crime.
136 Since, according to Protocol No. 1, liberation movements are treated like states, they must, like states, adhere to the obligations contained in this international instrument; including a very important issue mentioned in Article 35 of this Protocol, that the parties involved in armed conflicts do not enjoy complete freedom in choosing methods to inflict harm and damage on the enemy; meaning that liberation movements, in order to achieve their ultimate goal, which is the application of the principle of the freedom of peoples to self-determination, cannot resort to any means or tools (ibid, pp.
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