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Islam and International Criminal Law and Justice Dr Tallyn Gray (editor) Gray Tallyn Nuremberg Academy Series No. 2 (2018): Editor of this volume: Islam and International Criminal Law and Justice Dr. Tallyn Gray is a scholar-practitioner in transitional justice, international criminal and Tallyn Gray (editor) human rights law, and a postdoctoral fellow of the University of Westminster Law and Mindful of alleged and proven core international crimes committed within the main- Theory Center and the Universidade de São ly-Muslim world, this book explores international criminal law and justice in Islamic Paulo Faculty of Law. legal, social, philosophical and political contexts. Discussing how law and justice can operate across cultural and legal plurality, leading Muslim jurists and scholars em- phasize parallels between civilizations and legal traditions, demonstrating how the Islamic ‘legal family’ fi nds common ground with international criminal law. The book The Torkel Opsahl Academic EPublisher analyses questions such as: How do Islamic legal traditions impact on state prac- and Justice Islam and International Criminal Law (TOAEP) furthers the objective of excellence tice? What constitutes authority and legitimacy? Is international criminal law truly in research, scholarship and education by universal, or too Western to render this claim sustainable? Which challenges does publishing worldwide in print and through the mass violence in the Islamic world present to the theory and practice of Islamic Internet. As a non-profi t publisher, it is fi rmly committed to open access publishing. TOAEP law and international criminal law? What can be done to encourage mainly-Muslim is named after late Professor Torkel Opsahl states to join the International Criminal Court? Offering a way to contemplate law (1931–1993), a leading international and con- and justice in context, this volume shows that scholarship across ‘legal families’ is a stitutional law expert in Europe from the two-way street that can enrich both traditions. The book is a rare resource for prac- mid-1960s until his untimely passing in 1993. titioners dealing with accountability for atrocity crimes, and academics interested The International Nuremberg Principles in opening debates in legal scholarship across the Muslim and non-Muslim worlds. Academy has chosen TOAEP to publish the The book contains chapters by the editor, Onder Bakircioglu, Mashood A. Baderin, Nuremberg Academy Series. CILRAP and the Academy will work together to promote Asma Afsaruddin, Abdelrahman Afi fi , Ahmed Al-Dawoody, Siraj Khan, Shaheen Sardar high quality open access. The Academy was Ali and Satwant Kaur Heer, and Mohamed Elewa Badar, in that order. founded by the German Foreign Offi ce, the Free State of Bavaria, and the City of Nurem- ISBNs: 978-82-8348-188-4 (print) and 978-82-8348-189-1 (e-book). berg. Dr. Viviane Dittrich is the Nuremberg Academy Series Editor. Islam and International Criminal Law and Justice Front cover: Picture selected by the Interna- tional Nuremberg Principles Academy, courtesy Tallyn Gray (editor) iStock.com/PepeLaguarda. Above: Painting of Professor Torkel Opsahl by the Italian artist Roberto Caruso. Back cover: Picture selected by the Interna- tional Nuremberg Principles Academy, courtesy Torkel Opsahl Academic EPublisher iStock.com/kelvinjay. E-mail: [email protected] URL: www.toaep.org The dust jacket was designed by LIAO Wan-Ting in co-operation with the International Nuremberg Principles Academy. Islam and International Criminal Law and Justice Tallyn Gray (editor) 2018 Torkel Opsahl Academic EPublisher Brussels Front cover: Picture selected by the International Nuremberg Principles Academy, courtesy iStock.com/PepeLaguarda. Back cover: Picture selected by the International Nuremberg Principles Academy, courtesy iStock.com/kelvinjay. This and other publications in TOAEP’s Nuremberg Academy Series may be openly accessed and downloaded through the web site http://www.toaep.org/ which uses Persistent URLs for all publications it makes available (such PURLs will not be changed). This publication was published on 16 November 2018. © Torkel Opsahl Academic EPublisher, 2018 All rights are reserved. You may read, print or download this publication or any part of it from http://www.toaep.org/ for personal use, but you may not in any way charge for its use by others, directly or by reproducing it, storing it in a retrieval system, transmitting it, or utilising it in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, in whole or in part, without the prior permis- sion in writing of the copyright holder. Enquiries concerning reproduction outside the scope of the above should be sent to the copyright holder. You must not circulate this publication in any other cover and you must impose the same condition on any ac- quirer. You must not make this publication or any part of it available on the Internet by any other URL than that on http://www.toaep.org/, without permission of the publisher. ISBNs: 978-82-8348-188-4 (print) and 978-82-8348-189-1 (e-book). Dedicated to the memory of M. Cherif Bassiouni, for his inspiring contributions to international criminal law FOREWORD BY THE SERIES EDITOR The Nuremberg Academy Series was established in April 2017 by the In- ternational Nuremberg Principles Academy, in co-operation with the Cen- tre for International Law Research and Policy, to produce high-quality open access publications on international law published by the Torkel Opsahl Academic EPublisher (‘TOAEP’). I have the honour to serve as the Series Editor. The Series seeks to cover relevant and topical areas that are under- researched or require renewed attention. The Series includes work that is inter- or multi-disciplinary and brings together academics and practition- ers focused on practical and innovative applications of international crim- inal law. Grounded in the legacy of the Nuremberg Principles – the foun- dation of contemporary international criminal law – it addresses persistent and pressing legal issues and explores the twenty-first century challenges encountered in combating impunity for core international crimes. The first volume in the Series concerned the deterrent effect of in- ternational criminal tribunals. This, the second book in the Series, has emerged from a panel theme and workshop that took place during the Nuremberg Forum, the major annual conference organised by the Interna- tional Nuremberg Principles Academy, in 2015. It examined the universal- ity of the Nuremberg Principles in a globalised world, concentrating in particular on Islamic perspectives and interrogating the relevancy and applicability of the Nuremberg Principles to notions of justice in the Mus- lim world. Encouraged by robust debates on multiple themes, indicating a need for further study, the International Nuremberg Principles Academy convened a roundtable of leading experts in 2016, drawn from academia, legal practice, non-governmental organisations, and international organi- sations. Its brief was to deliberate theoretical and practical concerns relat- ed to accountability for core international crimes arising from current conflicts in the Muslim world, with the aim that the event would lead to a significant volume. The experts discussed questions of legitimacy and acceptance of in- ternational criminal justice; the role of local and global institutions in- tended to ascertain accountability for atrocity crimes; the inter- relationship between Islamic law and international criminal law; and mor- i al, philosophical and political encounters relating to prosecution of these core crimes. Their efforts provide fresh thinking on contemporary issues in a way that is both insightful and practical, especially to gauge cross- cultural consensus on tackling impunity for core international crimes. It is with great satisfaction that this anthology is published in the Series. The topic ‘Islam and International Criminal Law and Justice’ has become a major concern in the past years among those committed to the realisation of international justice following mass human rights violations. The book contains valuable chapters by several leading experts. Given its focus on the interplay of theory and practice, the book makes a contribu- tion by assembling a wealth of views and arguments and by opening ave- nues for constructive dialogue and sustained engagement with different legal traditions. It is hoped that, as an open access publication, this vol- ume will be widely read by scholars, students and practitioners in the coming years, in particular in the Muslim world. The International Nuremberg Principles Academy takes this oppor- tunity to thank the editor, the contributors and TOAEP for their co- operation. Dr. Viviane Dittrich Nuremberg Academy Series Editor Deputy Director, International Nuremberg Principles Academy ii EDITOR’S PREFACE Thanks first go to the International Nuremberg Principles Academy for advancing this book project. As the project convener, I would like to thank both the former and current directors of the Nuremberg Academy, Bernd Borchardt and Klaus Rackwitz, for giving considerable support. Additionally, my thanks go to the Advisory Council of the Nuremberg Academy for backing this project. I would like to express my gratitude to Dr. Godfrey Musila, former Research Director of the Nuremberg Acade- my, who was in charge of organising the panel discussion focusing on the universality of the Nuremberg Principles in the Islamic world as a topic during the 2015 Nuremberg Forum. I must thank Dr. Viviane
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