Islamic Principles of Proportionality in Warfare: Relevance to Drone and Remote Warfare
DOI:
https://doi.org/10.5281/Keywords:
Sharia law; proportionality; jus in bello; drone warfare; remote warfare; humanitarian ethics; civilian protection; Sharia principles; military responsibility; contemporary conflict; war and technology; Sharia law jurisprudenceAbstract
Modern warfare is developing at such a speed with regard to activities such as drone attacks and autonomous and remotely controlled military systems that the ethical and legal implications are considerable. In this regard, there is much that can be gained from the jurisprudence and laws relating to proportionality and justice and protecting civilians from within the context and traditions of Islam. In this analysis, the basic principles derived from Islam with regard to proportionality and justice during armed conflict and the potential application to more contemporary approaches such as drone strikes would be examined with reference to thebibliographic and legal literature on this subject and within the context of the relevant theology and traditions from the Qur'an and the traditions from the time of the Prophet. The basic thesis is that proportionality from the vantage point and traditions and ethos of Islam can offer a rich framework within which more content-driven approaches to and applications for remotely controlled military operations can and should take place.
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