Thematic cluster on Islám and Accountability

This thematic cluster or virtual ‘symposium’ considers achievements and challenges in accountability for core international crimes in mainly-Muslim countries (as well as a few countries with minority Muslim populations), and on what can be done to increase respect for fundamental principles of international criminal law in this family of nations. A diverse group of outstanding authors discuss the situation in a number of countries affected by conflict and violence.

Through the work of the ex-Yugoslav Tribunal, the State Court of Bosnia and Herzegovina, and the exercise of universal jurisdiction in several countries, the international community has invested more in accountability for crimes against Bosnian Muslims than in war crimes justice for any other victim group. In recent years, we have also seen an extraordinary mobilization for Muslim victims of core international crimes in northern Rakhine and among Palestinians. In all three situations, the adversary targeted for accountability has not been Muslim – but Orthodox Christians in Bosnia and Herzegovina, Buddhists in Rakhine, and Jews in Palestine. Much less attention seems to be paid to situations where Muslims or others are victimised by Muslims, such as in Libya, Somalia, the Sudan or Syria.

The still growing ‘symposium’ contains more than 50 TOAEP publications on states and themes. The following countries are so far included: Bangladesh (PBS Nos. 160, 142, 113 and 105, Chapter 11 in PS 23, Chapter 12 in PS 16, Chapter 13 in PS 16, Chapter 14 in PS 16); Bosnia and Herzegovina (Chapter 9 in PS 41, Chapter 10 in PS 41, PBS No. 125, PS 30, PBS Nos. 92 and 31); Chad (PBS No. 74); Indonesia (PBS Nos. 163 and 141, Chapter 7 in PS 25, Chapter 10 in PS 16); Iran (PBS Nos. 154 and 153, Chapter 26 in PS 41, PBS Nos. 84 and 70); Iraq (Chapter 13 in PS 32, Chapter 14 in PS 32, PBS Nos. 83 and 35); Lebanon (PBS No. 32); Libya (PBS No. 155); Mali (PBS No. 161); Nigeria (Chapter 20 in PS 28); Palestine (Chapter 22 in PS 41, Chapter 15 in PS 32, Chapter 17 in PS 32, Chapter 19 in PS 33); Sudan (PBS Nos. 162 and 158); Syria (PBS No. 154, Chapter 7 of PS 22); Turkey (Chapter 6 of PS 22); and regional perspectives (PBS No. 15, Chapter 4.3. in LOTFS 2). The publications also include thematic analyses of issues such as the effect of the Sharíʿah or Islámic law vis-à-vis international criminal law (Chapter 7 in NAS 2, Chapter 8 in NAS 2, Chapter 9 in NAS 2, Chapter 9 in PS 25); denial, dissimulation and incitement (PBS No. 149); religious hate speech and incitement (Chapter 16 in PS 41, Chapter 27 in PS 41); the role of Al-Ázhár Ash-Sharíf in preventing core international crimes (Chapter 29 of PS 41, Chapter 31 of PS 41); constraints on the use of armed force in primary Islámic sources (Chapters 4, 5 and 6 in NAS 2); and the presumption or efforts of norm-harmonisation (Chapter 3 in NAS 2). The publications are chronologically listed below.