ISLAMIC JIHADISM AND THE LAWS OF WAR : a conversation in international and islamic law... languages

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. Cover Islamic Jihadism and the Laws of War Copyright Contents Introduction 1. Islamic Law and the Evolution of Jihad 1. The Tenets of Islamic Law (i) The Concept of Islamic Law (ii) The Sources of Islamic Law 2. The Evolution of Jihad (i) Jihad in the Prophet Period (ii) Jihad in the Rightly Guided Caliphs Period (iii) Jihad during the Umayyad Caliphate Period (661–​750) (iv) Jihad during the Abbasid Caliphate (750–​1258) (v) Jihad during the Ottoman Caliphate (1492–​1918) (vi) Jihad in the Post World Wars Period (1918–​1979) (vii) The Anti-​Soviet Union Jihad in Afghanistan (1979–​1989) (viii) Jihad in the Middle East and Africa (1989–​2001) (ix) Jihad in the Post-​11 September Period 3. Conclusion 2. The Islamic Jus ad Bellum from International Law Perspective 1. Military Jihad vs the Use of Force 2. Defensive Jihad vs Right to Self-​defence 3. Islamic Law R2P vs International Law R2P 4. Offensive Jihad 5. Conclusion 3. The Islamic Jus in Bello from International Law Perspective 1. The Classification of Conflicts (i) Armed Conflicts of an International Character (ii) Armed Conflicts Not of an International Character 2. The Protected People and Objects (i) Protection of Non-​Combatants (ii) Protection of Prisoner of Wars (iii) Protection of Civilian Objects (iv) Protection from Mutilation 3. The Means and Methods of Warfare (i) Methods of Warfare (ii) Means of Warfare 4. Conclusion 4. Contemporary Islamic Jihadism from a Counterterrorism Perspective 1. The UN General Assembly and the Dilemma of the Definition of Terrorism 2. The Emerging Role of the Security Council in Combating Terrorism 3. The Organization of Islamic Cooperation Approach and International Terrorism 4. Fighting Contemporary Islamic Jihadism and Jus ad Bellum Limitations 5. Fighting Contemporary Islamic Jihadism and Jus in Bello Limitations 6. Conclusion 5. Integrated Approach in Fostering Compliance by Islamic Jihadist Groups 1. Law and Religion: International Law and Islamic Law 2. Ambiguous Texts and Diverse Interpretations 3. The Interpretive Methods under Islamic Law 4. The Way Forward: An Integrated Approach (i) The Consent of the Islamic Jihadist Groups (ii) The Domestic Criminal Punishments: States’ Concessions (iii) An Appropriate Intermediary: The Dialogue of Integration (iv) The Role of Influential Third States 5. Conclusion Concluding Remarks Bibliography Index