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Taking Of Hostages

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Chapter Summary

The purpose of the taking of hostages was mainly to force the other party or parties to fulfil their obligations. Despite the fact that there is an international convention criminalizing the taking of hostages, the practice has been continued not only through individual's and organization's actions but also under the order of those states which are also the permanent members of the United Nations. Under the traditional system of Islamic international criminal law, like the system of international law, hostages might be taken if the taking of hostages is stated in an agreement for the purpose of implementing its provisions. Killing hostages was recognised as against the principal philosophy of Islamic law and the formulation of any provision in a treaty concerning the killing of hostages when the provisions of the treaty were violated, was therefore due to the maltreatment and threatening of Muslims by other parties.

Keywords: hostages; Islamic international criminal law

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