جامعة النجاح الوطنية
An-Najah National University
Islamic Law, International Law, and Humanitarian Studies
Duration: 24 Months (2 Years)
Degree Awarded: MSc
Student must complete 36 credit hours

Speciality Requirements Student must complete 27 credit hours

Course Code Course Name Credit Hours Prerequests
3
History of the development of international humanitarian law. Key concepts of international humanitarian law, such as armed conflict, occupation, the principle of distinction, and prisoners of war. Principles of international humanitarian law. Scope of application of international humanitarian law. Analysis of the main international human rights and humanitarian law texts (treaties, conventions, declarations, protocols, etc.). Different mechanisms for the promotion and protection of the rights of minorities, indigenous peoples, women?s rights, the rights of migrants and refugees, political, cultural, social, economic rights, and the field of environmental rights. Study of specific cases of human rights and international humanitarian law, such as Palestine, Iraq, and Afghanistan. New trends in the redefinition and development of international humanitarian law after September 11. History and practice of human rights. The legal framework of the United Nations and regional human rights systems, judicial authorities, courts, and jurisprudence. Human rights conventions. Human rights in Islam and the objectives of Islamic law.
3
The main international organizations and the legal texts, principles and practices governing them in public international law. Legal and political issues arising from the development and functioning of international and intergovernmental organizations. Privileges and immunities of the main international organizations. The influence of the United Nations on international politics. The practices of the United Nations Security Council and its members. Initiatives for reform of the institution, and the restructuring of the United Nations human rights mechanisms.
3
History of conflict through ancient and modern times. The development of the law of armed conflict from the law of war to the law of armed conflict and a comparison with Islamic law. The Islamic view of war and its purposes. The rules governing the conduct of combatants in Islamic law and international law. The principle of peaceful settlement of disputes. The principle of declaring war before fighting. The principle of distinguishing between combatants and civilians, caring for the rights of the dead and dealing with corpses.
3
The concept of civilians and civilian objects. Military targets and civilian facilities. The criteria set by Islam to distinguish between civilians and combatants. Human rights in times of war and hostilities in Islamic law and international humanitarian law, such as the rights of women and children, the elderly, ascetics and worshippers, ambassadors and worshippers, owners of monasteries and churches, journalists, medical and humanitarian teams, prisoners, the wounded and the dead. Protection of civilians under the control of a hostile party. Protection of civilian objects such as hospitals, bridges, roads, residential buildings, civilian sites during wars. Principles and rulings of Islam in dealing with civilians in general, and women, children and the elderly in particular during the outbreak of war. Principles and rulings of Islam in dealing with civilian facilities during the outbreak of war.
3
Definition of refugee, conditions for granting asylum, reasons for asylum, international legal rules governing refugee rights. International legal rules governing refugee rights in international armed conflicts. Legal status of refugee. Concept of homeland and religious position towards it, Prophet?s migration and its implications on the subject of asylum. Rights and obligations of refugee. Comparison between Sharia and international humanitarian law on the subject of asylum. Right of Palestinian refugees to return and compensation.
3
The concept of prisoners of war and the persons to whom this concept applies in Islamic law compared with international humanitarian law. A historical view of the status of prisoners and their rights. Islamic texts related to prisoners of war and its directives. The right of the prisoner to preserve his life. The right of the prisoner to be treated well. The foundations of prisoner exchange. Examples from the biography of the Prophet in dealing with prisoners of war. International agreements related to prisoners of war and the position of Islam on them. Guarantees for the protection of prisoners and their rights in Islamic law and international humanitarian law.
2
The concept of commonalities of humanity and its impact on achieving civilizational cooperation between nations and peoples regardless of their ethnicity and religious affiliations. The role of the objectives of Islamic law in establishing commonalities of humanity that include preserving life, offspring, reason, and wealth, developing the earth, preserving human dignity, establishing justice and human peace, and other commonalities of Islamic law that are commonalities of humanity that transcend ethnic or religious particularities. The course also presents civil humanitarian law as its humanitarian contents that are considered to be commonalities of humanity that are compatible with the objectives of Islamic law.
1
This course aims to introduce and train the student in scientific research, especially in the field of international humanitarian law and human rights, and the necessity of combining the legal and Sharia aspects in research, with an introduction to the most important sources and writings in international humanitarian law, and the methods of researchers in international humanitarian law. With emphasis on the specificity of the research method in both the Sharia and legal fields.
6
The student studies the general theory of international law, its definition, its development, as well as the subjects of this law, the specificity of liberation movements and its sources, and its main divisions, especially in times of peace and times of war. Although the study focuses on peacetime law, the student is given a quick idea of ??the law of war. He also studies the rights and duties of states, international disputes, and means of resolving them peacefully (Palestine and International Law).

Speciality Optional Requirements Student must complete 9 credit hours

Course Code Course Name Credit Hours Prerequests
3
The most important legal and legitimate terms in English in international humanitarian law and their equivalents in Arabic. Legal and documentary textual readings in English in international humanitarian law.
3
Definition of war, its types and characteristics, definition of armed conflicts. Jihad. Concept of war crimes. Laws regulating war crimes. Types of war crimes. Elements of war crimes. Civil and criminal liability for war crimes. Trial of war criminals. International Criminal Court, its jurisdiction and assessment of its effectiveness.
3
The concept of terrorism, its forms, areas and reasons for its existence. The correct treatment of its causes and the prevention of extremism from all its aspects. The growing links between terrorism and organized crime, including the illicit trafficking in arms, drugs, human beings and organs, money laundering and others, from the perspective of Islamic law and international law. The tolerant teachings of Islamic law based on the rejection of violence and terrorism and the protection of human rights. Study of the principles of international law and the Charter of the United Nations, as well as the relevant resolutions issued by it on measures aimed at eliminating international terrorism. The right of peoples to struggle against foreign occupation and colonial and racist regimes by various means. A comparison between terrorism and jihad to highlight the differences between them.
3
The concept of cultural and environmental property and a historical overview of its protection in armed conflicts. Islamic provisions and its directives on the protection of cultural and environmental property. Legal rules for the protection of cultural property during armed conflicts. International responsibility for attacks on cultural property during armed conflicts and violations of the rules for its protection. Conventions for the protection of cultural property (The Hague Convention signed in 1954 and its two additional protocols). Application to models of some cases of armed conflict (Palestine and Iraq). Pictures of the protection of cultural and environmental property during armed conflicts. The role of UNESCO in the protection of cultural and environmental property during armed conflicts.
3
The concept of international relations in Sharia and law. Foundations of international relations in Islam. The Dar of Islam and the Dar of War. Aspects of international relations in Islam (peaceful, economic and military). Treaties and peace. Beginning and ending war and its effects.

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