Islamic Jihadism and the Laws of War: A Conversation in International and Islamic Law Languages

The book explores the rise of global Islamic Jihadism and the challenges of halting its expansion through the lens of international law. It highlights the arguments used by jihadist groups to justify their combat-related actions and the responses of states to counterterrorism measures. The author, a legal advisor in the Middle East and North Africa, aims to find a pragmatic humanitarian legal formula to address the conflicts between international law and Islamic law.

Format: Hardback
Length: 272 pages
Publication date: 18 August 2023
Publisher: Oxford University Press

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, synthesizing 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.

The book begins by examining the historical roots of Islamic Jihadism, tracing its development from the early 20th century to the present day. Mekky discusses the ideological and theological foundations of the movement, as well as the social and political context in which it has emerged. He also explores the legal frameworks that jihadist groups use to justify their combat actions, including the concept of jihad, the laws of war, and international human rights law.

One of the key themes of the book is the clash between international law and Islamic law. Mekky argues that while international law is designed to promote peace and security, it often fails to address the specific challenges posed by jihadist groups. He notes that jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states, while rejecting traditional international law rules. This creates a complex legal landscape that is difficult to navigate for both states and jihadist groups.

Mekky also examines how states often react in their fights against jihadist groups. He discusses the use of military force, economic sanctions, and political isolation as means of countering jihadist groups. He notes that while these measures have been effective in some cases, they can also have unintended consequences, such as exacerbating social and economic tensions and fueling radicalization.

In response to these challenges, Mekky proposes a pragmatic humanitarian legal formula that aims to balance the interests of states and jihadist groups. He suggests that states should prioritize the protection of their citizens and the promotion of peace and security, while also recognizing the legitimate rights and grievances of jihadist groups. He also advocates for a more inclusive and comprehensive approach to counterterrorism, which involves engaging with jihadist groups and addressing the root causes of their radicalization.

Throughout the book, Mekky draws on a wide range of sources, including legal textbooks, academic studies, and firsthand accounts from individuals who have been involved in the fight against jihadist groups. He provides a comprehensive and nuanced analysis of the legal and political challenges posed by Islamic Jihadism, and offers practical solutions that can help to preserve and restore the world's peace and security.

Islamic Jihadism and the Laws of War is an essential resource for legal professionals, policymakers, academics, and students who are interested in understanding the complex relationship between international law and Islamic law. The book provides a comprehensive and nuanced analysis of the legal and political challenges posed by Islamic Jihadism, and offers practical solutions that can help to preserve and restore the world's peace and security.

Weight: 544g
Dimension: 164 x 242 x 22 (mm)
ISBN-13: 9780198888369