The Rome Statute and Islamic Law: A Comparative Analysis with Special Reference to Saudia Arabia

Author:   Majed Handi Alsolami
Publisher:   Brill
Volume:   16
ISBN:  

9789004711273


Pages:   350
Publication Date:   12 September 2024
Format:   Hardback
Availability:   In Print   Availability explained
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The Rome Statute and Islamic Law: A Comparative Analysis with Special Reference to Saudia Arabia


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Author:   Majed Handi Alsolami
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   16
Weight:   0.729kg
ISBN:  

9789004711273


ISBN 10:   9004711279
Pages:   350
Publication Date:   12 September 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Acknowledgements Main Sources Cases Part 1: Preamble 1 Background  1 Introduction  2 The Main Book Questions  3 The Themes, Objectives, and Limitations of the Study  4 The Significance and Originality of the Study  5 Methodology  6 The Structure of the Study 2 A Brief Historical Overview of the Development of International Criminal Law  1 Introduction  2 An Overview of the Development of International Criminal Law  3 The Contentious Academic Arguments Surrounding the Court  4 Issues Raised by Some Arab/Islamic States about the Ratification of the Rome Statute  5 The Importance of the ICC  6 The Saudi Position with Regard to the ICC  7 Summary Part 2: An Insight into the Sources/Principles of International Criminal Law and Islamic Criminal Law 3 Sources of the Rome Statute and Islamic Law: Commonalities and Differences  1 Introduction  2 The Sources of the Rome Statute  3 The Sources of Islamic Law  4 Mechanisms of Interpretation: Commonalities and Differences  5 The Nature of Islamic Criminal Law  6 Conclusion 4 A Macroscopic View of the Compatibilities and Incompatibilities between the Principles of Islamic Criminal Law and the Principles of the Rome Statute  1 Introduction  2 The Principles of ‘No Crime without Law’ and ‘No Punishment without Law’  3 The Principle of Non-retroactivity  4 A Person Shall Not Be Tried Twice for the Same Criminal Conduct (ne bis in idem)  5 The Presumption of Innocence  6 The Principle of Equality before the Law  7 The Criminal Responsibility of Individuals  8 Conclusion Part 3: Comparative Approach 5 War Crimes  1 Introduction  2 The Protection of Civilians  3 The Protection of Prisoners of War  4 The Destruction of Property  5 The Protection of Humanitarian Assistance  6 Using Prohibited Weapons  7 Human Shields  8 The Declaration of ‘No Quarter’ in War  9 Protection of the Environment  10 Conclusion 6 Crimes against Humanity  1 Introduction  2 The Conditions for Crimes against Humanity as Stipulated in the Rome Statute  3 Inhumane Acts that Fall within the Jurisdiction of the Rome Statute and Islamic International Law  4 Conclusion 7 The Crime of Genocide  1 Introduction  2 The Element of Intent (Mens Rea)  3 The Material Elements of Genocide (Actus Rea) and Categories of Genocide  4 Conclusion Part 4: Saudi Domestic Issues and the Reconciliatory Approach 8 The Quest for Compatibility between Saudi Domestic Laws and the Rome Statute  1 Introduction  2 An Overview of the Legal System of Saudi Arabia  3 Saudi Domestic Provisions and the Rome Statute  4 Inconsistencies with the Rome Statute  5 Conclusion 9 Conclusion  1 The Commonalities between the Other Tiers of Sources of Both Legal Systems  2 Compatibility between General Principles of Law of Both Legal Systems  3 Compatibility between the Jurisdiction of the Rome Statute and Islamic International Law  4 How Can Saudi Domestic Law Be Reconciled with the Rome Statute?  5 Recommendations Glossary Bibliography

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Author Information

Majed Handi Alsolami, Ph.D. (2020), University of Leeds, UK, is Assistant Professor of International Law and Member of the Advisory Board at Arab East Colleges, Riyadh, Kingdom of Saudi Arabia.

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