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References (35)
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- Publisher
- Brill
- Copyright
- © 2013 by Koninklijke Brill NV, Leiden, The Netherlands
- Subject
- Articles
- ISSN
- 1567-536X
- eISSN
- 1571-8123
- DOI
- 10.1163/15718123-01303002
- Publisher site
- See Article on Publisher Site
Abstract
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.
Journal
International Criminal Law Review – Brill
Published: Jan 1, 2013
Keywords: Islamic international law; siyar ; ius in bello ; International Criminal Court (ICC)