Overview

"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, synthesising 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."

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9780198888369

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Dr Omar Mekky is the Regional Legal Coordinator for Middle East and North Africa at the ICRC, which he joined in 2011. From 2005 to 2012 he served as Public Prosecutor in the Egyptian Judicial Authority, and also worked as an Investigative Assistant in the Bahrain Independent Commission of Inquiry (BICI), before being promoted as a Judge in the Egyptian Primary Courts late 2012. He holds an LL.B. from Alexandria University, an LL.M. from Saint Thomas University, a Postgraduate Diploma in International Criminal Law from Salzburg Law School and a PhD in International Law from the Graduate Institute of International and Development Studies (IHEID).

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