Muslim Influence and the Lesser-Known Story of Contemporary International Humanitarian Law
Muslim Influence and the Lesser-Known Story of Contemporary International Humanitarian Law
Jabeur Fathally
 
Abstract: This article highlights the contribution of Muslim legal scholars and the importance of Islamic legal tradition in general in the elaboration of contemporary international humanitarian law (IHL). Based on the historical analysis and a critical re-examination of the origins of international law, the main finding of this article is that Muslim delegations and jurists have played a significant role in the development of legal rules in this field of international law. This Muslim influence has manifested itself in both general and specific ways. Especially, the founding fathers of IHL, such as Genevan Henry Dunant, showed great interest in the humanitarian principles emanating from the Muslim legal tradition. Although little reference is made to this influence in the contemporary international humanitarian law doctrine, the founding fathers of this branch of international law have indeed acknowledged the contribution of Muslim traditions.

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