The Origins And Evolution Of Islamic Law Of Rebellion: Its Significance To The Current International Humanitarian Law Discourse

Document Type

Book Chapter

Source of Publication

International Law And Islam: Historical Explorations

Publication Date

11-21-2018

Abstract

This Chapter analyses both the international humanitarian law and the Islamic law approaches to rebellion. The first part of the discussion focuses on the right to rebel under traditional public international law, and proceeds to analyse the status of wars of national liberation under international law. It then comments on the rights of rebels under international humanitarian law. The second part of the discussion deals with how the right to rebel is dealt with under Islamic law. The Chapter asks whether the lacunae inherent in the customary international law and international humanitarian law regimes concerning rebellion can be filled by reference to the Islamic legal framework when a rebellion takes place in a state where this framework is applicable? The Chapter also addresses the issue of cases concerning rebellion and rebels coming before the International Criminal Court and suggests that the Court must be appraised of the Islamic law framework, especially concerning the types of defences to rebellion which can be raised under the Islamic regime, as this aspect of the law on rebellion under Islamic law differs significantly from the international humanitarian law regime.

ISBN

978-90-04-38837-6; 978-90-04-38828-4

ISSN

1871-2894

Publisher

Brill | Nijhoff

Volume

14

First Page

309

Last Page

355

Disciplines

Islamic Studies

Keywords

Rebellion, Islamic Law, International Humanitarian Law, Non-international Armed Conflicts, Just War

Indexed in Scopus

no

Open Access

no

Link to Full Text

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