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Title: Islamic law (Sharia) and the jurisdiction of the international criminal court
Authors: Badar, ME
Keywords: Duress;Islamic jurisprudence;Islamic law;Islamic legal maxims;Mens rea;Presumption of innocence;Principle of legality;Superior orders
Issue Date: 2011
Publisher: Cambridge University Press
Citation: Leiden Journal of International Law, 24(2): 411 - 433, Jun 2011
Abstract: Although the International Criminal Court (ICC) has been mostly hailed as a victory, Islamic states still regard its application of international criminal-law norms with scepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but, so far, the Court has relied purely upon Western inspiration and may fail to acquire the legitimacy to establish a universal system.Among the legal systems that are unjustifiably neglected by the ICC is the Islamic legal tradition. This paper argues that the principles of Islamic law are, for themost part, consistent with internationally recognized norms and standards, particularly those enshrined in the Rome Statute, and are on an equal footing with the common and Continental legal systems that are currently employed by the Court in the search for general principles of law.
Description: Copyright @ 2011 Cambridge University Press
ISSN: 0922-1565
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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