Hello everyone,
I am looking for a specific research question in the field of international criminal law. Specifically of interest are Arabic Nations, their Sharia law and the functioning of the ICC and the role of the Security Council.
So far my opinion based on research is that having regard to the acceptance of the ICC in the Arabic World, the interference of the Security Council should be limited as much as possible or the SC should even be fully excluded from the Rome Statute. Secondly the basic principles of Sharia law are compatible with the principles of International Criminal, Human Rights and Humanitarian law.
The ICC conduct in Iraq, Palestine, Afghanistan, Sudan and Libya are in this regard of importance.
Interesting is still the situation of the Yazidis community and as termed by the UN their genocide.
Should a Fiqu be a legal adviser at the ICC?
Should there or can there be more reference to the system of Sharia law at the ICC?
Do you think the investigation in Palestine has a positive effect on whether Arabic states accede to the ICC?
In that regard, does anyone have more ideas specific questions/ problems.
Glad, for any opinions discussions on such sensitive topics.
Thank you!
Anika
Dear Anika,
When dealing with social systems the physical laws of nature are a good place to start. A physical law cannot be changed by man-made law, philosophy; and more importantly, is not some western ideology. The world should review the latest research on the science of rights and one day become a better place to live:
https://www.youtube.com/watch?v=ZvD4DHMq1Y4
The science of rights (an overview):
https://www.academia.edu/43512871/The_Science_of_Rights_an_Overview
Some background on the constructal law:
https://constructal.wordpress.com/
Good luck with your research in helping to make this world a better place to live.
Regards,
Mike
Dear Anika Sperling
I‘m not sure that I understand the question well, especially in terms of the relation between (Arab countries- Islamic Sharia- ICC).
Not every Arab country adopts Sharia in its criminal law (see Syria and Egypt for instance), although they adopt Sharia in other legislations. And for those who are applying Islamic Sharia in their criminal laws (such as Saudi Arabia) are not a state party in Rome Statute.
I believe the specifying the country will solidify the argument and make the discussion easier.
Good question! I answer in two ways. First: write about you really like. Thesis is like a weding: can be happy or not, deppend the partiners. Second: the delimitation of the subject most be accordling your interest. In my case, enforced disappearence, and today genocide of indigean peopel in brazilian amazonia. How your reaaly interest?
The theme you have decided to work on, sounds quite interesting for international lawyers but I agree with some of the colleges that it is indeed a complex and tiring task. Such a research does not only require your mastership in the ICC Statute but also in the Quranic interpretation of Ibn Kathir and the Muslim and Bukhari compilations of the traditions and teachings of Prophet Muhammad. Moreover, such a research necessitates a deep knowledge of the nature and scholars of the different Islamic jurisprudential schools as the secondary reference of Islamic law a long with the Massive history of Tabari and Ibn Ishaq. On the other hand, the application of the procedural rules and due process rights of the two laws might never cause any methodological issue in your thesis but the Islamic substantial rules related to the severity of the crimes and their punishments would result in different investigative outcomes due to the philosophical and cultural reasons behind the legislation of the law. However, the novelty and necessity of the research should encourage you to roll up your intellectual sleeves and face the difficulties. I suggest that you work on the humanitarian aspects of the two laws and not on the criminal dimensions and in doing so, you may write about the issue of nuclear or chemical or biological weapon, besiege and denial of humanitarian access, destruction of civilian objects and cultural heritage, treatment of prisoners of war, protected people, forced disappearance of people, child recruitment and use and destruction of minority groups. Such legal topics are the most controversial today due to their constant perpetration by the modern radical Islamic groups and worth researching in light of true Islamic rules and standards and comparing with the ICC rules.
Hi there.. try look at my article on the volkerrechtsblog on this issue:
https://voelkerrechtsblog.org/an-islamic-legal-scholar-as-judge-at-the-icc-in-conformity-with-islamic-law/?fbclid=IwAR0a1f90yRpJiLWg0wp9-CD8w5-69UzSj6NkePz7K0tXRw5DnDEJB82jvVQ
I wrote that to respond to another article on the subject by Juliet Tiedrez:
https://voelkerrechtsblog.org/time-for-an-islamic-legal-scholar-at-the-icc/
I also presented a paper on the convergence and divergence between Islamic laws and the criminalization of war crimes against civilians as per the Rome Statute. The paper is not final (being prepared to be published in an edited volume) but I can share it with you if you can give me your email.
In all of these works, we mention potentially important areas to further develop the research. Perhaps we can discuss more if you are interested :)
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