پژوهش تطبیقی حقوق اسلام و غرب (Sep 2022)

An Analysis of Biological Attack in International Law (with deference to the Islamic approach)

  • moslem maleki

DOI
https://doi.org/10.22091/csiw.2022.7694.2204
Journal volume & issue
Vol. 9, no. 3
pp. 321 – 354

Abstract

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The cheap and easy technology of biological weapons has become a legitimate threat, now. This is no longer limited to the realm of a scientific mythology, nor is it limited to specific geographical areas. Biological terrorism (bioterrorism) against individuals may cause death, disease, weakness and panic in a society, cause social disruption and become a threat to international peace, security, and public order. Using a descriptive-analytical method, the present study delves into the subject matter of this phenomenon, to express the nature and characteristics of biological attack and then in light of the principles and sources in international law and Islam gives a jurisprudential and legal analysis of biological attack. According to Islamic law and jurisprudence, the tenets of human rights and especially the right to life, and moral values, any biological weapon in any form that targets the innocent and the civilians is not allowed; It is indeed more of a “bloodshed” in that many innocents are killed and is a prototype example of “corruption on Earth” as presumed in Islam.

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