ISLAMIC LAW AND HUMANITARIAN RELIEF: PROTECTIONS AND CHALLENGES WHEN NEGOTIATING ACCESS IN TIME OF ARMED CONFLICT

The twenty-first century is marked by a drastic change in the way wars are conducted: most of today's conflicts are now conducted by non-state armed groups fighting against States. The necessity to build bridges between classic international humanitarian law and the rules to which armed groups obey is critical to ensure protection for vulnerable populations affected by those conflicts. Armed conflicts being the first cause of humanitarian crisis, humanitarian organisations are trying to negotiate access and safe passage with armed groups controlling territories. Sharia having a self-imposed nature and being one of the major legal systems of the world, play a central role in the conduct of Muslim non-State armed groups. The existence of humanitarian law rules within Islamic law, such as safe conduct and civilian protection, can provide a protective framework applicable to humanitarian workers. In addition, the assessment of the principles of humanity and neutrality in the Sharia can be used as a tool to better understand the context in which humanitarian mission are deployed. This way, access to alleviate the suffering of the civilian's population may be negotiated better.