Muhammad Mushtaq Ahmad - Director-General, Shariah Academy, International Islamic University, Islamabad

Muslim jurists hold that a powerful group which has capability to offer resistance to government forces is entitled to the combatant status if this group interprets the provisions of Islamic law in a way that presumably justifies its struggle against the government. Thus, resistance capability coupled by a presumed justification triggers the law of war while mere resistance capability in the absence of such a justification makes the members of this group subject to the criminal law of the land. This paper examines the exposition of the Muslim jurists about implications of acknowledging combatant status for rebels. Like the jus add bellum of rebellion, the detailed rules of jus in bello are also based on the conduct of ‘Ali (God be pleased with him) in his wars against those who resisted his rule.