ABSTRACT

The fundamental target of both Islamic law of war and

international Humanitarian law is to protect the Rights and Persons

of both combatants and non-combatants during and after the

hostilities thus, the amount and extent of violence applied in war

must be limited to achieving military objective, that is to subdue

the enemy, such an action/violence should be proportionate, in

other words, there should be a clear distinction between

combatants and non-combatants, meaning, the law restricts both

the means and method of waging war and object against which

such     means may be employed.      Thus, civilians and civilian

objectives must not be made the object of direct attack, they

should be accorded necessary protection against the dangerts

arising from military operation, such as indiscriminate attack that is

expected to cause incidental less of civilian life, injury to civilians,

damage to civilian objects or a combination thereof which would

be excessive in relation to the concrete and direct military

advantage anticipated.

In the same vein, a combatant who can no longer take part in

hostility due to sickness or surrender should not be attacked or

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killed, but should be accorded all necessary protection as provided

under protocol, and by extension all other prisoners of war, as

contain under the third Geneva convention of 1949 as well articles

14 and 75 (2) of protocol 1 of 1977 additional to Ge