Legal Challenges of Prosecuting War Crimes and Crimes Against Humanity:

A Comparative Analysis of Islamic Law and Modern International Law

Nehaluddin Ahmad

Faizah Rahim

Danish Iqbal Ariffin

 

Abstract: This article examines complex legal challenges in prosecuting war crimes and crimes against humanity (CAH) through a comparative analysis of Islamic law and international law. This article argues for the necessity of a multidimensional approach that considers both Islamic and modern international law rule to effectively prosecute war crimes and CAH, advocating for the integration of diverse legal traditions to strengthen global justice mechanisms. It explores these complexities by delving into the foundational legal frameworks of Islamic jurisprudence and international conventions. The article analyses the comprehensive framework for justice and punishment based on principles from the Qur’an, Hadith, Ijma (consensus), and Qiyas (analogical reasoning), which extends beyond individual conduct to encompass governance and state affairs, emphasising social justice, ethical behaviour, and the protection of individual rights. The article further analyses the methods of evidence collection, preservation, protection of the accused’s rights, and principles guiding sentencing and punitive measures. By comparing Islamic legal principles with international law, this article identifies similarities, differences, and potential avenues for harmonisation between Islamic and modern international law.. This comprehensive analysis contributes to understanding how best to address severe human rights violations and uphold international law, promoting accountability and justice on a global scale.