عنوان مقاله [English]
نویسنده [English]چکیده [English]
Humanitarian law is a reconciliation between military necessities and humanitarian considerations the ultimate end of which is reduction of preventable sufferings in the midst of armed hostilities. This reduction is feasible through legitimizing military operations and showing human behaviors towards those captured during war. This branch of international law is practiced only at the time of international and non-international armed hostilities.
Following the September 11 event, the U.S administration excluded those arrested on the charge of terrorism from the domain of humanitarian laws. This exclusion occurred under U.S claim that the members of Taliban and al-Qaeda are unlawful combatants.
Stating that a new type of violence was in process at international and beyond national levels by terrorist groups, some American authorities and authors considered humanitarian law inapplicable in campaign against terrorism. They even made statements concerning the necessity of revision in the international documents of humanitarian law.
It is noteworthy that the U.S state has not adopted the additional protocols to the Geneva Conventions yet.
Surveying international documents, the present article seeks to prove that humanitarian law is also applicable to the conditions of campaign against terrorism and disprove U.S arguments in this regard.