International Humanitarian Law: Between Codification and Application

Abstract

This study aims to highlight the profound gap between the legal texts of International Humanitarian Law (IHL) and their practical implementation in contemporary armed conflicts. The research emphasizes the legislative and practical precedence of Islamic Law (Sharia) in protecting human dignity during wars, compared to international legal frameworks such as the Geneva and Hague Conventions. Employing an analytical, critical, and comparative approach, the study traces the historical transition from the "Law of War" to "International Humanitarian Law." It also diagnoses the structural weaknesses in the enforcement and oversight mechanisms of the UN Security Council, alongside international double standards. The findings conclude that the primary flaw does not lie within the IHL texts themselves, but rather in the lack of binding enforcement mechanisms and the absence of internal moral and religious deterrents. The study recommends activating balanced international oversight mechanisms, incorporating IHL into educational curricula and military training programs, and enhancing reliance on the humanitarian principles of Islamic Sharia to bridge the gap between theory and practice.