International Law And The War With Islamic State

Author : Saeed Bagheri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950532
Total Pages : 205 pages
Book Rating : 4.39/5 ( download)

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Download or read book International Law and the War with Islamic State written by Saeed Bagheri and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Javaid Rehman
Publisher :
ISBN 13 : 9781472563330
Total Pages : 256 pages
Book Rating : 4.36/5 ( download)

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Download or read book Islamic State Practices, International Law and the Threat from Terrorism written by Javaid Rehman and published by . This book was released on 2005 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 I.

Author : Fajri Matahati Muhammadin
Publisher :
ISBN 13 :
Total Pages : 37 pages
Book Rating : 4.68/5 ( download)

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Download or read book A Comparison Between International Humanitarian Law and Islamic Laws of War: the Islamic State of Iraq and Sham (ISIS) and Treatment Towards Prisoners of War in Syria written by Fajri Matahati Muhammadin and published by . This book was released on 2015* with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Majid Khadduri
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584776951
Total Pages : 334 pages
Book Rating : 4.56/5 ( download)

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Download or read book War and Peace in the Law of Islam written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Onder Bakircioglu
Publisher : Routledge
ISBN 13 : 113409163X
Total Pages : 221 pages
Book Rating : 4.38/5 ( download)

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Download or read book Islam and Warfare written by Onder Bakircioglu and published by Routledge. This book was released on 2014-10-30 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.

Author : Javaid Rehman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415826X
Total Pages : 593 pages
Book Rating : 4.69/5 ( download)

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Download or read book Religion, Human Rights and International Law written by Javaid Rehman and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Author : A. Al-Dawoody
Publisher : Springer
ISBN 13 : 0230118089
Total Pages : 338 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Islamic Law of War written by A. Al-Dawoody and published by Springer. This book was released on 2011-03-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.

Author : Olivier Corten
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949011
Total Pages : 592 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Law Against War written by Olivier Corten and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Author : Glenn L. Roberts
Publisher : Universal-Publishers
ISBN 13 : 1581123477
Total Pages : 128 pages
Book Rating : 4.70/5 ( download)

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Download or read book Islamic Human Rights and International Law written by Glenn L. Roberts and published by Universal-Publishers. This book was released on 2006-12 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."

Author : Dr Robert P Barnidge Jr
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409467414
Total Pages : 440 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Liberal Way of War written by Dr Robert P Barnidge Jr and published by Ashgate Publishing, Ltd.. This book was released on 2013-10-28 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ‘responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.