A seat at the table: Islamic law’s neglected potential in universalising international humanitarian law

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

International law is yet to live up to its name. Despite its intended universal application, critiques of international law have revealed its biases, including its European proclivities. TWAIL scholars have elucidated how international law replicates and perpetuates colonial relationships of dominance and subordination in contemporary times. Breaking with the colonial past is therefore a complex and ongoing undertaking, which includes decentring the West and making space for the rest. This chapter outlines some of the main TWAIL critiques of international law before focusing on international humanitarian law and proposing a manner in which to make it more genuinely universal. The chapter argues that despite being historically and normatively germane to international humanitarian law, Islamic laws of war have been epistemically neglected. Not only does Islamic law warrant further attention in practice and scholarship and a matter of principle, it is, in fact, necessary for addressing contemporary conflicts that disproportionately impact the Muslim world.
Original languageEnglish
Title of host publicationHuman Rights and International Humanitarian Law: Challenges Ahead
EditorsNorman Weiss, Andreas Zimmerman
PublisherEdward Elgar Publishing
Chapter12
Pages223-238
Number of pages16
ISBN (Print)978 1 83910 826 6
Publication statusPublished - 1 May 2022

Publication series

NameAssociation of Human Rights Institutes
PublisherEdward Elgar

Keywords

  • international humanitarian law
  • ìnternational law
  • Islamic law
  • laws of war
  • TWAIL
  • international criminal court

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