Principles of Islamic International Criminal Law A Comparative Search Second Edition By Farhad Malekian
PRINCIPLES OF ISLAMIC INTERNATIONAL CRIMINAL LAW
While the system of international law has improved extensively and certain provisions of the law have become, more or less, an integral part of the system of jus cogens, this body of the law has to be studied with other systems of international laws which have, basically, been effective in its evolution and development.
Those systems have, in reality, been one of the essential reasons for the consolidation of the rules of law in international relations. This study should, especially, be evaluated in the case of three branches of international law which are, at present, the most authorized systems of law.
These are international criminal law, international humanitarian law and international criminal justice. Today, most Islamic nations follow the principle of incorporation or adoption of the provisions of the three branches, for the purpose of the modification of their national rules. In fact, many Islamic nations have ratified the statute of the most recognized international treaty i.e. the permanent International Criminal Court.
This integration is for the purpose of attaining pillars of equality, peace and justice and respecting the fundamental principles of international criminal law. Nevertheless, the pillars may be strengthened through the proper understanding of the principles of Islamic international criminal law by all parties in the world.
The situation is more tenable when one examines the violation of the system of international criminal law by many Islamic and other states on our globe and the accountability of their individuals before the ICC.
In addition, we should not put aside the fact that the equality and sovereignty of states, in contemporary international relations, presents the basic constitutional doctrine of the system of international criminal law and justice.
This governs a body consisting first and foremost of states having a uniform international legal personality.
In other words, if we speak about the legal existence of international criminal law, humanitarian law and the ICC, then the dynamics of state sovereignty can be expressed in terms of national laws stemming from the international equal personality of states.
It is for this primary reason that the principle of complementarity is created under the provisions of the system of international criminal justice in order to respect the independent character of state sovereignty. The way in which the law communicates the content of sovereignty, therefore, varies from one state to another