Ius in Bello under Islamic International Law

Badar, Mohamed (2013) Ius in Bello under Islamic International Law. International Criminal Law Review, 13 (3). pp. 593-625. ISSN 1567-536X

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Official URL: http://dx.doi.org/10.1163/15718123-01303002


In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much interest because of the debate over the question whether the international law, of which Hugo Grotius is often called the father, is so completely Western-European in inspiration and outlook as to make it unsuitable for universal application in the context of a much wider and more varied international community of States. However, there has been little analysis of the role of Islam in shaping the modern European law of war and its progeny, international humanitarian law. This article argues that there is a room for the contribution of the Islamic civilisation within international humanitarian law and a conversation between different civilisations is needed in developing and applying international humanitarian law norms.

Item Type: Article
Additional Information: siyar, ius in bello, International Criminal Court (ICC), Islamic international law
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Professor Mohamed Badar
Date Deposited: 23 Sep 2013 15:53
Last Modified: 17 Dec 2023 14:34
URI: https://nrl.northumbria.ac.uk/id/eprint/13564

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