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"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.
'Conceptualising Terrorism' argues that, while there have always been good reasons for striving for a universally agreed definition of terrorism, there are further reasons for doing so in the post-9/11 environment, notwithstanding the formidable challenges that confront such an endeavour.
Airpower played a pivotal role in the U.S.-led fight against the Islamic State from 2014 to 2019 and contributed to the success of Operation Inherent Resolve, but airpower alone would not have been likely to defeat the militant organization.
A unique collaboration providing an analysis of the conflict in Syria, focusing on the integration between legal and political studies.
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Based on interviews with Islamic State insiders, Abdel Bari Atwan reveals the origins and modus operandi of the fastest-growing and richest terrorist group in the world. Outlining its leadership structure and strategies, Atwan describes the group's ideological differences with al-Qa`ida and why IS appear to pose a greater threat to the West. He shows how it has masterfully used social media, Hollywood `blockbuster'-style videos, and even jihadi computer games to spread its message and to recruit young people, from Tunisia to Bradford. As Islamic State continues to dominate the world's media headlines with acts of ruthless violence, Atwan considers its chances of survival and offers indispensable insight into potential government responses to contain the IS threat.
This edited book ​examines the different forms of human trafficking that manifest in conflict and post-conflict settings and considers how the military may help to address or even facilitate it. It explores how conflict can facilitate human trafficking, how it can manifest through a variety of case studies, followed by a discussion of the reasons why the military should include a stronger consideration of human trafficking within their strategic planning given the multiple scenarios in which military forces come into contact with victims of human trafficking, and how this ought to be done. Human Trafficking in Conflict draws on the expertise of scholars and practitioners to develop the existing conversations and to offer multiple perspectives. It includes a discussion of existing frameworks and perspectives including legal and policy, and whether they are configured to address human trafficking in conflict.
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.