A Seat at the Table: Islamic Law’s Neglected Potential in Universalising International Humanitarian Law

Norman Weiss and Andreas Zimmermann (eds.), Human Rights and International Humanitarian Law: Challenges Ahead (EE 2021)

16 Pages Posted: 2 Mar 2021

See all articles by Julie Fraser

Julie Fraser

Utrecht University - Netherlands Institute of Human Rights

Date Written: March 2, 2021

Abstract

International law is yet to live up to its name. Despite its intended universal application, critiques of international law have revealed its biases, including its European proclivities. TWAIL scholars have elucidated how international law replicates and perpetuates colonial relationships of dominance and subordination in contemporary times. Breaking with the colonial past is therefore a complex and ongoing undertaking, which includes decentring the West and making space for the rest. This chapter outlines some of the main TWAIL critiques of international law before focusing on international humanitarian law and proposing a manner in which to make it more genuinely universal. The chapter argues that despite being historically and normatively germane to international humanitarian law, Islamic laws of war have been epistemically neglected. Not only does Islamic law warrant further attention in practice and scholarship and a matter of principle, it is, in fact, necessary for addressing contemporary conflicts that disproportionately impact the Muslim world.

Keywords: International Law, International Humanitarian Law, TWAIL, Universality, Islamic Law, International Criminal Court

Suggested Citation

Fraser, Julie, A Seat at the Table: Islamic Law’s Neglected Potential in Universalising International Humanitarian Law (March 2, 2021). Norman Weiss and Andreas Zimmermann (eds.), Human Rights and International Humanitarian Law: Challenges Ahead (EE 2021), Available at SSRN: https://ssrn.com/abstract=3796065

Julie Fraser (Contact Author)

Utrecht University - Netherlands Institute of Human Rights ( email )

Janskerkhof 3
3512 BK Utrecht
Netherlands

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