EUME Berliner Seminar
Mi 18 Dez 2019 | 17:00–18:30

Regulating War in Times of Modernity: A Critical Approach to the Comparison of International Humanitarian Law and Islamic Law on the Use of Force

Jihane Chedouki (EUME Fellow 2019/20), Chair: Nahed Samour (Law & Society Institute, Humboldt-Universität zu Berlin)

Forum Transregionale Studien, Wallotstr. 14, 14193 Berlin

This research project aims to analyse the contribution of the International Humanitarian Law to the regulation of armed conflicts in the Arab countries. This branch of International Law is considered as the most appropriate legal instrument to "humanize" wars without aiming to prevent them. Furthermore, as these events are described by international experts as religious conflicts, some international organisations have made the choice to invoke the Islamic Law on the use of force to convey the principles of the International Humanitarian Law to Muslim warring parties in order to remind them of their responsibilities to protect civilians during hostilities. As a result, a new legal discipline is emerging entitled “Islamic International Humanitarian Law”.

 

This study analyses the logic followed by these actors who uses the expertise of Islamic Law specialists to establish a comparative approach between these two legal systems. In a second step, it explores if Comparative Law has managed to grasp the raison d'être of Islamic Law and its moral values on the one hand and its effectiveness today in the face of the challenges of modernity (e.g., militarism and humanitarianism) on the other. Finally, it will be interesting to discuss how moral values enshrined in Islamic Law and the legal reasoning proper to this discipline could contribute in renewing our reflection on war and peace in these challenging times.
As this study is still a work in progress, the talk will present the main empirical and theoretical arguments that led to the conception of this research project and the expected results.

Jihane Chedouki holds a PhD in Law from the University of Poitiers (France). She graduated in Public Law and Political Science from the Faculty of Law of Tangier (Morocco) and Panthéon-Assas University in Paris. Her doctorate focused on the legal protection of cultural heritage in the Arab States. From 2016 to 2019, she worked for the International Committee of the Red Cross (ICRC) as a Protection Delegate in Iraq, South Sudan and Syria. Before joining ICRC, she carried out many research projects as postdoctoral fellow and consultant in the field of Cultural Heritage Law on behalf of public and international institutions such as the Centre National de la Recherche Scientifique (CNRS), European Union and UNESCO. During the academic year 2019/2020, she is a EUME Fellow affiliated with the Law & Society Institute at Humboldt-Universität zu Berlin.

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