Islamic State Practices, International Law and the Threat from Terrorism: A Critique of the 'Clash of Civilizations' in the New World Order (Studies in International Law)

In the post '9/11' legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the 21st century, and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. '9/11' terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a 'clash of civilizations'. In this original and incisive study, the author investigates the relationship between Islamic law, states practices and international terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic states in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism. The book surveys the unfairness and injustices within international law—a legal system dominated and operated at the behest of a select band of powerful states. It forewarns that unilateralism and the undermining of human rights values in the name of the 'war on terrorism' is producing powerful reactions within Muslim states. Half Title Page 1 Title Page 3 Title verso 4 Acknowledgements 7 Contents 9 Table of Cases 13 Table of Treaties 15 Glossary 19 Introductory Reflections and the Scope of the Study 21 SCOPE OF THE STUDY 23 STRUCTURE OF THE BOOK 24 THE ‘CLASH OF CIVILISATIONS’ AND THE ‘NEW WORLD ORDER’ 27 1. The Sources of Sharia and the Ethos of an 'Islamic' Identity 30 INTRODUCTION 30 THE SOURCES OF THE SHARIA AND SIYAR 31 SECONDARY SOURCES OF SHARIA 34 UNDERSTANDING THE CONTENT AND SCOPE OF THE SHARIA 35 EXTRAPOLATING LEGAL NORMS FROM RELIGIOUS SOURCES 37 PERMUTATIONS OF LEGAL SCHOOLS OF THOUGHT 38 SURVEYING ISLAMIC STATE PRACTICES 41 IMPACT OF EUROPEAN IMPERIALISM UPON THE MUSLIM PEOPLES 44 MODERN ISLAMIC STATES AND ISSUES OF ISLAMIC IDENTITY 46 THE ORGANISATION OF THE ISLAMIC CONFERENCE (OIC) 47 INSTITUTIONS OF THE OIC 48 SUBSIDIARY ORGANS OF THE OIC 50 AFFILIATED INSTITUTIONS 53 ADDITIONAL INSTITUTIONS 57 SPECIALISED INSTITUTIONS AND ORGANS 57 STANDING COMMITTEES 60 CONCLUSIONS 62 2. The Sharia and Siyar in the Development of the Law of Nations 64 INTRODUCTION 64 SHARIA AND THE LAW OF NATIONS 65 JIHAD, VIOLENCE AND INTERNATIONAL TERRORISM: ARTICULATION OF LEGAL PRINCIPLES 71 CONTEXTUALISING JIHAD AND THE USE OF FORCE: INTERTEMPORAL LAW AND COMPATIBILITIES WITH MODERN NORMS OF INTERNATIONAL LAW 73 THE USE OF FORCE AND RELIGIOUS TOLERANCE 80 IDEOLOGY OF TOLERANCE AND MODERN STATE PRACTICES 85 CONCLUSIONS 89 3. Conceptualising Terrorism in the International Legal Order 91 INTRODUCTION 91 THE DEFINITIONAL ISSUES 93 RECENT DEVELOPMENTS ON DEFINITIONAL ISSUES 97 REVIEW OF COMPARATIVE REGIONAL PERSPECTIVESON TERRORISM 99 EXAMINING THE SUBSTANCE OF TERRORISM IN THEDEVELOPMENT OF INTERNATIONAL LAW 103 INTERNATIONAL EFFORTS TO FORMULATE LEGAL PRINCIPLESPROHIBITING ALL FORMS OF TERRORISM 105 DEALING WITH SPECIFIC TERRORIST ACTIVITIES 112 CONCLUSIONS 115 4. Hostage-Taking in International Law and Terrorism against 'Internationally Protected Persons' 117 INTRODUCTION 117 HOSTAGE-TAKING: DENIAL OF FUNDAMENTAL HUMAN RIGHTS AND THE BREACH OF PEREMPTORY NORMS OF INTERNATIONAL LAW 118 ISLAMIC PERSPECTIVES ON THE CONVENTION 121 INTERNATIONALLY PROTECTED PERSONS AND INTERNATIONAL LAW 132 THE NEW YORK CONVENTION AND INTERNATIONALLY PROTECTED PERSONS 133 ISLAMIC PERSPECTIVES ON THE PROTECTION OF DIPLOMATS 137 ARTICULATION OF THE RIGHTS OF INTERNATIONALLY PROTECTED PERSONS UNDER ISLAMIC LAW 139 THE SHARIA AND HOSTAGE-TAKING OF INTERNATIONALLY PROTECTED PERSONS: COMMENTS ON THE US DIPLOMATIC AND CONSULAR STAFF IN TEHRAN CASE 143 ABUSE OF IMMUNITY BY INTERNATIONALLY PROTECTED PERSONS 146 CONCLUSIONS 149 5. Aerial and Maritime Terrorism 150 INTRODUCTION 150 AERIAL TERRORISM 151 COMBATING AERIAL TERRORISM 152 DEALING WITH AERIAL SABOTAGE 156 ISLAMIC TREATY RATIFICATIONS ON AERIAL TERRORISM 159 INCIDENTS OF CONFLICT AND ISLAMIC STATES 161 JUDICIOUSNESS AND APPROACHES TO ACCOUNTABILITY 162 ACCOUNTABILITY FOR TERRORIST OFFENCES 171 MARITIME TERRORISM 172 THE ACHILLE LAURO INCIDENT AND ISLAMIC STATE PRACTICES 173 EXAMINING THE LEGITIMACY OF THE US USE OF FORCE 175 THE ADOPTION OF THE CONVENTION 175 HUMAN RIGHTS CONCERNS 177 ISLAMIC STATES’ INVOLVEMENT WITH THE MARITIME CONVENTION 179 CONCLUSIONS 181 6. Financing of International Terrorism 183 INTRODUCTION 183 THE UNITED NATIONS AND ATTEMPTS TO CURB FINANCING OF INTERNATIONAL TERRORISM 185 COMBATING FINANCING OF TERRORISM: THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM (1999) 188 9/11 AND IMPLICATIONS FOR ISLAMIC COMMUNITIES AND INSTITUTIONS 203 CURBING THE FINANCING OF TERRORISM AND ISLAMIC STATE PRACTICES 206 CONCLUSIONS 209 7. The OIC and Approaches to International Terrorism 211 INTRODUCTION 211 TERRORISM, ANTAGONISM AND A LACK OF TRUST AMONGST ISLAMIC STATES 212 THE ESTABLISHMENT OF THE OIC: REACTING TO EXTERNAL AGGRESSION 214 AGGRESSION AND TERRORISM VERSUS THE RIGHT TO SELF-DETERMINATION: CASES OF CRISES 220 THE OIC AND LEGAL INSTRUMENTS COMBATING INTERNATIONAL TERRORISM 230 THE ROLE OF THE OIC AND ITS MEMBER STATES IN THE AFTERMATH OF 11 SEPTEMBER 2001 237 CONCLUSIONS 240 8. Concluding Observations 241 POSITIONING ISLAM WITHIN THE CONTEXT OF INTERNATIONAL TERRORISM 241 RATIONALISING THE DEBATE ON A CULTURE OF CONFLICT AND THE ‘CLASH OF CIVILISATIONS’ 243 11 SEPTEMBER, ISLAMOPHOBIA AND THE FUTURE FOR MUSLIMS 247 Select Bibliography 251 Index 267 In This Original And Incisive Study, The Author Investigates The Relationship Between Islamic Law, States Practices And International Terrorism. It Presents A Detailed Analysis Of The Sources Of Islamic Law And Reviews The Concepts Of Jihad, Religious Freedom And Minority Rights Within Sharia And Siyar. In Eradicating Existing Misconceptions, The Book Provides A Thorough Commentary Upon The Contributions Made By Islamic States In The Development Of International Law, Including Norms On The Prohibition Of Terrorism. It Presents A Lucid Debate On Such Key Issues Within Classical And Modern Islamic State Practices As Diplomatic Immunities, Prohibitions On Hostage-taking, Aerial And Maritime Terrorism, And The Financing Of Terrorism. The Book Surveys The Unfairness And Injustices Within International Law - A Legal System Dominated And Operated At The Behest Of A Select Band Of Powerful States. It Forewarns That Unilateralism And The Undermining Of Human Rights Values In The Name Of The 'war On Terrorism' Are Producing Powerful Reactions Within Muslim States: The 'new World Order' Presents A Dangerous Prognosis Of The Self-fulfilling Prophecy Of An Inevitable 'clash Of Civilisations' Between The Islamic World And The West.--jacket. The Sources Of Shari'a And The Ethos Of An 'islamic' Identity -- The Shari'a And Siyar In The Development Of The Law Of Nations -- Conceptualising Terrorism In The International Legal Order -- Hostage-taking In International Law And Terrorism Against 'internationally Protected Persons' -- Aerial And Maritime Terrorism -- Financing Of International Terrorism -- The Oic [organization Of Islamic Conference] And Approaches To International Terrorism -- Concluding Observations. Javaid Rehman. Series Statement On Jacket Includes Bibliographical References (p. [231]-[246]) And Index. "In the post '9/11' legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. '9/11' terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a 'clash of civilizations'. In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic States in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism. The book surveys the unfairness and injustices within international law - a legal system dominated and operated at the behest of a select band of powerful States. It forewarns that unilateralism and the undermining of human rights values in the name of the 'war on terrorism' is producing powerful reactions within Muslim States: the 'new world order' presents a dangerous prognosis of the self-fulfilling prophecy of an inevitable 'clash of civilizations' between the Islamic world and the west."--Bloomsbury Publishing.