Islamic Jihadism and the Laws of War: A Conversation in International and Islamic Law Languages

Author: Omar Mekky
Publisher: Oxford University Press
ISBN: 9780198888369
Published In: August 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,235.00

HKD 1,197.95 Save HKD 37.05 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

The rapid rise of global Islamic Jihadism in the past few decades and the limited success of the anti-terror campaign in halting its expansion have raised hard-hitting questions about how different political actors might preserve and restore the world's peace and security. Since the end of the Second World War, international law has often been the chief instrument employed to address global conundrums of this kind.

Nevertheless, international law alone cannot solve this problem. Jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states while rejecting traditional international law rules. On the other hand, some states themselves ignore traditional international law rules to apply their so-called "counterterrorism" measures. The internationally recognized laws of war - created to protect those who do not participate in hostilities - are constantly challenged by jihadist groups and responding states in justification of their combat actions.

In Islamic Jihadism and the Laws of War, Dr Omar Mekky explores both sides' legal frameworks, synthesising findings from both English and Arabic sources. Drawing from the author's field expertise as a legal advisor in the Middle East and North Africa, the book narrates how Islamic Jihadism began and evolved, outlines the laws jihadists apply during combat, addresses how states often react in their fights against jihadist groups, and aims for a pragmatic humanitarian legal formula. An essential resource for legal professionals, policymakers, academics, and students, Mekky's book initiates a constructive dialogue between international law and Islamic law.

Introduction

One: Islamic Law and the Evolution of Jihad

Two: The Islamic Jus Ad Bellum from International Law Perspective

Three: The Islamic Jus in Bello from International Law Perspective

Four: Contemporary Islamic Jihadism from Counterterrorism Perspective

Five: Integrated Approach in Fostering Compliance by Islamic Jihadist Groups

Concluding Remarks