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无论武装冲突如何被定性、被分类,关押在敌方阵营中战俘的待遇一直是武装冲突中令人担忧的问题。在古代,敌军俘获的人没有任何权利,也没有战争囚犯这个概念。但如何对待战俘却不是一个新的挑战,甚至旧约全书中都要求给予在武装冲突中被俘获的人人道主义待遇。俘虏最初被视为获胜方战利品的一部分,并常被杀死或奴役。罗马人对待战争中抓获的俘虏非常残酷,但他也是最先意识到俘虏的经济价值并留用战俘的人。因为战俘传统上处于武装冲突中最弱势的群体之一,其待遇是战争法特别关注的问题。在允许拘禁战俘的情况下,武装冲突法规定了保护战俘的详细条款。本文的写作目的就在于比较和对比国际人道主义法和伊斯兰战争法中有关保护战俘的原则。
Regardless of how the armed conflicts are characterized, categorized, the treatment of prisoners of war held in hostile camps has been a cause of concern in armed conflicts. In ancient times, those captured by the enemy did not have any rights nor the concept of a prisoner of war. But how to treat prisoners of war is not a new challenge. Even the Old Testament calls for the humanitarian treatment of those captured in armed conflicts. The captives were initially considered part of the winner’s trophy and were often killed or enslaved. The Romans treated the prisoners captured during the war as cruel, but he was also the first to recognize the economic value of the prisoners and retain the prisoners of war. Since prisoners of war are traditionally at one of the most vulnerable groups in armed conflicts, their treatment is a particular concern of the law of war. Under conditions permitting the detention of prisoners of war, the Law of Armed Conflict sets out the detailed provisions for the protection of prisoners of war. The purpose of this essay is to compare and contrast the principles of protection of prisoners of war in international humanitarian law and the law of Islamic war.