A COMPARATIVE ANALYSIS OF WAR CRIMES AND CHILDREN'S RIGHTS IN THE LIGHT OF ISLAMIC LAW & AFGHAN LAW ON PROTECTION OF CHILD’S RIGHTS

Abstract

Although there are numerous academic and legal writings on war crimes and children’s rights, a comparative study between Afghan national laws, Islamic Sharia, and international principles has not yet been conducted. The ongoing conflict in Afghanistan poses a serious threat to the lives, upbringing, and future of children, as children are recruited by armed groups in conflicts and are deprived of their human rights. The purpose of this study is to conduct a legal comparison between Afghan laws, Islamic Sharia, and international treaties (such as the Geneva Convention) in the field of protecting and safeguarding children from war crimes, and to draw the attention of governments and the general public to the non-violation of children’s rights. This study was conducted according to the Library Research approach, which provides an analytical and comparative analysis using reliable sources of Islamic Sharia, the Afghan Penal Code (2017), the Child Rights Protection Law (2019), and international conventions. The findings of the study show that Islamic law strictly prohibits the use of children in war, as Allah Almighty has commanded non-aggressive war in verse (190) of Surah Al-Baqarah, and the Hadith of Abdullah bin Umar (may Allah be pleased with him) is a clear example of the Prophetic practice. The Afghan Penal Code (Article 605) criminalizes the military recruitment of children, and the Child Rights Protection Law (Article 34) makes states responsible for the protection and reintegration of children affected by war. The study concludes that the recruitment and participation of children in wars is prohibited both in terms of Sharia and law. It is recommended that the Afghan government and civil society take practical steps to prevent the recruitment of children and raise public awareness, prosecute perpetrators of war crimes, and provide children with a peaceful, educational, and peaceful environment so that they can become members of a prosperous society in the future.