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Migration and Islamic Ethics

Issues of Residence, Naturalization and Citizenship

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Edited by Ray Jureidini and Said Fares Hassan

Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences.

Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.

Edited by Md. Jahid Hossain Bhuiyan and Borhan Uddin Khan

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL.

This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict.

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Edited by Giulio Bartolini, Dug Cubie, Marlies Hesselman and Jacqueline Peel

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Nesrine Badawi

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a ‘true’ interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.

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Edited by Frauke Lachenmann and Rüdiger Wolfrum

The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.

The Asian Yearbook of Human Rights and Humanitarian Law

Volume 3, 2019, Law, Gender and Sexuality

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Edited by Javaid Rehman, Ayesha Shahid and Steve Foster

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume 3 is Law, Gender and Sexuality.

Cultural Heritage in the European Union

A Critical Inquiry into Law and Policy

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Edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.

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Tamsin Phillipa Paige

Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.

National Trials of International Crimes in Bangladesh

Transitional Justice as Reflected in Judgments

M. Rafiqul Islam

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.