Emir Abdelkader Algerian Was A Pioneer in Applying the Principles of International Humanitarian Law Before its Codification - A Comparative Study With International Instruments of International Humanitarian Law –

Abstract

The practices of Emir Abdelkader al-Jazairi during his resistance against the French occupation (1832-1847) stand out as a pioneering practical application of the principles of international humanitarian law, predating their formal codification in international instruments. This precedent is undeniable. The Emir applied these principles voluntarily on the ground, without any international legal obligation, through strict adherence to the principle of distinction. He prohibited targeting civilians and civilian property and provided special protection for women, children, and the elderly. He offered medical care to the wounded and sick on both sides, while also protecting medics and medical facilities. In 1842, he issued a written internal code of conduct for the treatment of French prisoners, prohibiting torture and cruel treatment, guaranteeing their religious freedom by providing priests and spiritual care, establishing a system of rewards and penalties to ensure compliance, and allowing for the release of prisoners without ransom or waiting for the cessation of hostilities. His humanitarian commitment extended to rescuing thousands of Christians in Damascus in 1860, transcending the scope of conventional warfare. The Emir derived all these practices from the rules of warfare in Islamic Sharia, not from an international obligation that would have made him a historical pioneer in the practical application of the principles of international humanitarian law. This raises a fundamental question about the extent to which Emir Abdelkader can be considered a true pioneer of international humanitarian law, given his success in practically and bindingly applying its principles in the absence of any international obligation. To what extent do his documented practices represent a historical precedent that makes him a pioneer in the early codification of international humanitarian law compared to the 1949 Geneva Conventions and Additional Protocol I of 1977?