Substance and basis of obligation to ensure respect humanitarian law on the view of Islam and International Law

In spite of normative development of international humanitarian law, ensuring respect and implementation of it's rules and regulations is one of the main or the main challenge of this system. Although common article one of Geneva Conventions (1949), obliges all state members, not only to respect but also to ensure respect these conventions, states practically do not welcome so much this requirement. This is while, the interpretation of this obligation has been so controversial. Comparative study on the basis and nature of the obligation of ensure respect humanitarian law on the viewpoint of Islam and international humanitarian law is the subject of the present article. Analyzing facts and data available in legal sources, instruments and practices, on the basis of principles, rules and norms of international law, make possible to justify ensure respect obligation according to the model of Erga Omnes obligations. This is while, there are more deep and basic roots and grounds for this obligation in Islamic thoughts and Shari 'a. Some important Islamic principles like "help and protect oppressed peoples", " collaborating for accomplishing the good" and "enjoining accomplishing the good and prohibition from doing the detestable " are concerned in this respect.