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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.
This book investigates the legal friction between global jihadist ideologies and international humanitarian law to determine if a synthesis of these frameworks can improve conflict resolution. Dr. Omar Mekky, a legal advisor with extensive field experience in the Middle East and North Africa, utilizes a comparative analysis of English and Arabic legal sources. He argues that neither international law nor jihadist interpretations of Islamic law are sufficient in isolation to address the complexities of modern asymmetric warfare. The work proposes a pragmatic humanitarian legal formula intended to bridge the gap between these competing systems.
What You Will Find
Experts recognize this work as a significant contribution to the study of international humanitarian law, particularly for its dual-language source integration. Readers frequently note the academic density of the prose, which serves as a foundational text for legal professionals and policymakers navigating the intersection of religious law and global security.
Page Count:
272
Publication Date:
2023-01-01
Publisher:
Oxford University Press
ISBN-10:
0198888368
ISBN-13:
9780198888369
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