When the Battlefield Neglects Humanity: An International Humanitarian Law Study of the Tools and Methods of Warfare

Abstract

This study aims to analyze the concept of the humanization of warfare in interstate conflicts through the perspectives of international humanitarian law and Islamic law, particularly regarding the regulation of the use of tools and methods of warfare and their relationship to humanitarian principles. This study uses normative legal methods with legislative, conceptual, comparative, and case-based approaches. The legal materials used include international legal instruments, such as the Hague Convention and the Geneva Convention, as well as Islamic legal sources in the form of the Qur'an, Hadith, and fiqh al-siyar literature. The results of the study indicate that international humanitarian law has regulated the limitations of tools and methods of warfare through the principles of distinction, proportionality, military necessity, and precaution. However, in practice, violations still occur, indicating a gap between norms and implementation. Meanwhile, Islamic law, through fiqh al-siyar, emphasizes the prohibition of exceeding limits, the protection of non-combatants, and the obligation to maintain humanitarian values ​​in war. This study found that there are similarities in the goals of international humanitarian law and Islamic law in limiting violence and protecting human dignity. Therefore, the values ​​of Islamic law can serve as a moral reinforcement in the application of international humanitarian law, particularly in facing the complexities of modern conflicts.