ISLAM, WAR AND INTERNATIONAL HUMANITARIAN LAW

Abstract

The focus of this paper is to assess critically the compliance of Islam to international humanitarian law, which is a vital component of modern international law. The rapid growth and development of the nation-state in 17th century Europe with the Peace of Westphalia (1648), and the apparent decline of traditional religious authority in the Western world, led to the creation of a new body of law to regulate relationship between states. The international humanitarian law is aimed at regulating the conduct of war in line with global best practice. While nation-states are not expected to surrender their sovereignty to the United Nations, it is expected of all nations to comply with global consensus on humanitarian principles. Under international law the rules governing resort to force is the central element meant to preserve international order. Islam justifies the use of force as the last option, after the failure of persuasion, to compel conversion and territorial expansion. It is the opinion of this paper that Islam as the second largest world religion, and a benefactor of human progress and civilization should undergo a comprehensive reformation aimed at conforming it theology, philosophy, jurisprudence and law to international norms in the 21st century.