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4 Hum. Rts. & Int'l Legal Discourse 191 (2010)
Islamic Law and the Responsibility to Protect

handle is hein.journals/hurandi4 and id is 193 raw text is: ISLAMIC LAW AND THE RESPONSIBILITY TO PROTECT MATTHIAS VANHULLEBUSCH* Abstract The aim of this article is to examine the influence of Islamic law and in particular Islamic law of war upon the doctrine of the Responsibility to Protect as currently supported by the international community of states to intervene upon humanitarian grounds into the domestic affairs of states. This article will firstly address the parameters and content of this comparative legal study as well as the philosophical limitations of the existing premises of this scientific debate based on universalist and cultural relativist positions. Secondly, from this complementary perspective instead, the doctrine on the Responsibility to Protect will be examined both from the international law and Tslamic law perspective. It will demonstrate that sovereignty and community interests are not necessarily conflicting when it comes to protecting human values and human dignity in both legal traditions. Thirdly, a further reading of international law and Islamic law with respect to the protection of human dignity will highlight the presence of a shared humanitarian conscience which has informed this complementary approach where natural rights can be realized with positive duties. Keywords: Islamic law; responsibility to protect A. INTRODUCTION The aim of this article is to examine how Islamic law has established preconceived notions of the doctrine of the Responsibility to Protect, as did its Western legal counterpart at a later stage. Though Islamic law focuses on the obligations of Muslims and international law regulates the behaviour of states and international organisations, Dr. Matthias Vanhullebusch (PhD with Highest Honour, School of Oriental and African Studies, University of London). I wish to thank the anonymous peer reviewers for their insightful comments. 4 HR&ILD 2 (2010)

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