The Origins And Evolution Of Islamic Law Of Rebellion: Its Significance To The Current International Humanitarian Law Discourse
Source of Publication
International Law And Islam: Historical Explorations
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.
Brill | Nijhoff
Rebellion, Islamic Law, International Humanitarian Law, Non-international Armed Conflicts, Just War
Badar, Mohamed; Al-Dawoody, Ahmed; and Higgins, Noelle, "The Origins And Evolution Of Islamic Law Of Rebellion: Its Significance To The Current International Humanitarian Law Discourse" (2018). All Works. 5065.
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