Thematic cluster on Islám and Accountability

This emerging thematic library considers notable achievements and challenges in accountability for core international crimes in Muslim-majority countries (as well as a few countries with minority Muslim populations), and 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, those primarily targeted for accountability have not been Muslim – but Orthodox Christians in the situation of 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 thematic library contains more than 60 TOAEP publications on states and themes. The following countries are so far included: Azerbaijan (PBS No. 190); 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 (PBS Nos. 125, 92 and 31, Chapter 9 in PS 41, Chapter 10 in PS 41, PS 30); Burkina Faso (PBS Nos. 182 and 178); Chad (PBS Nos. 171 and 74); Côte d’Ivoire (PBS No. 178); Djibouti (PBS No. 184); Egypt (PBS Nos. 183 and 175); Ethiopia (PBS Nos. 184 and 176); The Gambia (PBS No. 177); Indonesia (PBS Nos. 163 and 141, Chapter 7 in PS 25, Chapter 10 in PS 16); Iran (PBS Nos. 173, 154, 153, 84 and 70, Chapter 26 in PS 41); Iraq (PBS Nos. 192, 174, 83 and 35, Chapter 13 in PS 32, Chapter 14 in PS 32); Lebanon (PBS Nos. 181 and 32); Libya (PBS No. 155); Mali (PBS Nos. 182, 178, 171 and 161); Niger (PBS Nos. 178 and 171); Nigeria (PBS No. 171, Chapter 20 in PS 28); Northern Cyprus (PBS No. 180); Palestine (PBS No. 185,  Chapter 22 in PS 41, Chapter 15 in PS 32, Chapter 17 in PS 32, Chapter 19 in PS 33); Qatar (PBS No. 189); Senegal (PBS No. 182); Sierra Leone (PBS No. 179); Somalia (PBS No. 191); Sudan (PBS Nos. 188, 162 and 158); Syria (PBS Nos. 192, 174, 154, Chapter 7 of PS 22); Thailand (PBS No. 172); Turkey (Chapter 6 of PS 22); United Arab Emirates (PBS No. 188); Western Sahara (PBS No. 180); and Yemen (PBS No. 173); 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); collective Shahídism and the protection of civilians in armed conflict (PBS No. 185); the presumption or efforts of norm-harmonisation (Chapter 3 in NAS 2); the persistent challenge of radical Islámic armed groups (PBS Nos. 192, 191, 185, 182, 178, 173, 171 and 161); and the problem of constitutional and other constraints on religious freedom (PBS Nos. 189 and 183). The publications are chronologically listed below.

Accountability for Islamic State Crimes against Yazidis
By Stephanie Barbour and William H. Wiley
PBS No. 192 (2025)

Accountability for Al-Shabaab’s Crimes in Somalia
By Orly Maya Stern
PBS No. 191 (2025)

Azerbaijan and Accountability for Crimes Against Armenians
By Lora Sukiasyan
PBS No. 190 (2025)

Freedom of Religion or Belief in Qatar: Constitutional Architecture, Practice and Feasible Reforms
By Abdelrahman Ayyash
PBS No. 189 (2025)

From Gold to Guns: The UAE’s Sub-Imperial Footprint in the Sudan Conflict
By Sarthak Gupta
PBS No. 188 (2025)

Protection of Civilians in Armed Conflict under Customary International Law: The Gaza Situation
By Arne Willy Dahl
PBS No. 185 (2025)

Djibouti: Human Trafficking and Migrant Smuggling Networks
By Berihu Teweldebirhan Gebresilassie
PBS No. 184 (2025)

Imprisoning Faith: Restrictions and Challenges Facing Religious Minorities in Egypt
By Sherif Azer
PBS No. 183 (2025)

Senegal: A Model of Community Resilience, Legal Accountability, and Counter-Terrorism in the Sahel?
By Oluwole Ojewale
PBS No. 182 (2025)

What Does the STL Experience Mean for the Muslim World? A Common Law Judge’s Perception
By William David Baragwanath
PBS No. 181 (2025)

The International Law Prohibition Against Transfer of Civilians into Occupied Territory: Western Sahara and Northern Cyprus
By Medha Damojipurapu
PBS No. 180 (2025)

Lessons from Sierra Leone for Transitional Justice in Muslim-Majority Countries
By Stephen J. Rapp and Mohamed A. Bangura
PBS No. 179 (2025)

Muslim-Majority West African States and ICC Prosecutions: The Case of Burkina Faso, Côte d’Ivoire, Mali and Niger
By Lamoussa Hien
PBS No. 178 (2025)

After Truth, Gambian Victims’ Long Wait for No Justice
By Mustapha K. Darboe
PBS No. 177 (2025)

Obstacles to Accountability in Tigray and Beyond
By Berihu Teweldebirhan Gebresilassie
PBS No. 176 (2025)

The Price of Patronage: Coptic Marginalization and Egypt’s Church-State Alliance
By Sara Allam Shaltout
PBS No. 175 (2025)

Crimes against Religious Minorities in Iraq: Is the Future of Accountability for ISIL Crimes Domestic?
By Evelyn Anoya and Amal Nassar
PBS No. 174 (2025)

Facilitators and Strategic Interests in Yemen’s Multifaceted Proxy War
By Sarthak Gupta
PBS No. 173 (2025)

Legal Frameworks and Accountability in Southern Thailand
By Thanapat Chatinakrob
PBS No. 172 (2025)

Holding Boko Haram and Security Services Accountable in Nigeria and the Lake Chad Basin
By Tosin T. Osasona
PBS No. 171 (2025)

Indonesia: The Lasting Legacy of Impunity
By Bhatara Ibnu Reza, Rully Sandra and Zainal Abidin
PBS No. 163 (2025)

Darfur’s Second Genocide: Breaking the Cycle of Violence and Impunity in Sudan
By Katherine Iliopoulos
PBS No. 162 (2025)

Selection of Cases or Selected by Cases: Prosecutorial Ecology and Agency in Al Hassan before the ICC
By Song Tianying
PBS No. 161 (2024)

The International Crimes Tribunals of Bangladesh: Past, Present and Future
By Md. Mostafa Hosain
PBS No. 160 (2024)

Sudanese Despair and International Failure, 2003–2024: No Way Out?
By Joachim J. Savelsberg
PBS No. 158 (2024)

Patterns of Core International Crimes in Libya: Challenges to Accountability
By Katherine Iliopoulos
PBS No. 155 (2024)

Iran’s Crimes in the Syrian Conflict: A Need for Documentation and Accountability
By Malik al-Abdeh and Lars Hauch
PBS No. 154 (2024)

Universal Jurisdiction Under Threat of Hostage-Taking: Sweden’s Release of Iranian War Criminal Nouri
By Mark Klamberg
PBS No. 153 (2024)

Peace and Reconciliation Diplomacy Challenged by Religious Hatred, Dissimulation and Denial
By Morten Bergsmo
PBS No. 149 (2024)

Religious Leaders and Nationalist Propaganda: The Serbian Orthodox Church
By Svein Mønnesland
Chapter 9 in PS 41 (2023)

Religion and Ethno-Nationalist Extremism in Bosnia and Herzegovina
By Majda Halilović
Chapter 10 in PS 41 (2023)

Incitement to Religious Hatred: An Examination of the Approaches of Extremists to Islámic Sharí‘ah
By Adel Maged
Chapter 16 in PS 41 (2023)

The Use of Religious Themes to Islámize European Anti-Semitism and Motivate Hateful Expression in the Hamas Covenant
By Eliyahu Stern
Chapter 22 in PS 41 (2023)

A Non-Governmental Perspective on the Relative Effectiveness of Multilateral and Bilateral Measures to Combat Hate Speech: An Analysis of Tools Deployed in Response to Religious Hate Speech in Iran
By Bani Dugal
Chapter 26 in PS 41 (2023)

How Should Responsible Religious Leaders React to Hate Speech in Their Community?
By Mohamed Elewa Badar and Rana Moustafa Essawy
Chapter 27 in PS 41 (2023)

The Role of Al-Ázhár Ash-Sharíf in Combating Extremism and Hate Speech in Light of International Instruments
By Adel Maged
Chapter 29 in PS 41 (2023)

Translational and Terminological Sensitizing of Muslim Religious Leaders of Al-Ázhár in the Combat Against Hate Speech
By Fathi M.A. Ahmed
Chapter 31 in PS 41 (2023)

Children and the International Crimes Tribunal of Bangladesh
By Tapas Kanti Baul and Devrishi Tyagi
PBS No. 142 (2022)

Universal Jurisdiction Through the Eyes of ASEAN States: Rule of Law Concerns and the Need for Inclusive and Engaged Discussions
By Cheah Wui Ling
PBS No. 141 (2022)

Denial of Justice for the Victims of Republika Srpska Atrocities
By Haris Subašić
PBS No. 125 (2021)

The Role of the International Criminal Court System in Modulating Political Behaviour in Africa: The Nigerian Example
By Tosin Osasona
Chapter 20 in PS 28 (2018)

Genocide and Constitutionalism in Bangladesh
By Antonio Angotti
PBS No. 113 (2020)

Oppression Among the Oppressed: Inside Refugee Camps in Cox’s Bazar
By Sometaya Ryuta
PBS No. 105 (2020)

The Bosnian War Crimes Justice Strategy a Decade Later
By Jared O. Bell
PBS No. 92 (2018)

Islamic Socio-Legal Norms and International Criminal Justice in Context: Advancing an ‘Object and Purpose’ cum ‘Maqáṣid’ Approach
By Mashood A. Baderin
Chapter 3 in NAS 2 (2018)

Islamic Law and the Limits of Military Aggression
By Asma Afsaruddin
Chapter 4 in NAS 2 (2018)

Jus in Bello and General Principles Related to Warfare According to Islamic Law
By Abdelrahman Afifi
Chapter 5 in NAS 2 (2018)

Non-International Armed Conflicts under Islamic Law: The Case of ISIS
By Ahmed Al-Dawoody
Chapter 6 in NAS 2 (2018)

Arab and Islamic States’ Practice: The Sharíʿah Clause and its Effects on the Implementation of the Rome Statute of the International Criminal Court
By Siraj Khan
Chapter 7 in NAS 2 (2018)

What is the Measure of ‘Universality’? Critical Reflections on ‘Islamic’ Criminal Law and Muslim State Practice vis-à-vis the Rome Statute and the International Criminal Court
By Shaheen Sardar Ali and Satwant Kaur Heer
Chapter 8 in NAS 2 (2018)

Is There a Place for Islamic Law within the Applicable Law of the International Criminal Court?
By Mohamed Elewa Badar
Chapter 9 in NAS 2 (2018)

Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations
By Asaf Lubin
Chapter 19 in PS 33 (2018)

Accountability for British War Crimes in Iraq? Examining the Nexus between International and National Justice Responses
By Thomas Obel Hansen
Chapter 13 in PS 32 (2018)

The UK in Iraq and the ICC: Judicial Intervention, Positive Complementarity and the Politics of International Criminal Justice
By Rachel Kerr
Chapter 14 in PS 32 (2018)

The Situation of Palestine in Wonderland: An Investigation into the ICC’s Impact in Israel
By Sharon Weill
Chapter 15 in PS 32 (2018)

The Venture of the Comoros Referral at the Preliminary Examination Stage
By Ali Emrah Bozbayindir
Chapter 17 in PS 32 (2018)

Counterfactual History and Bosnia-Herzegovina
By Stian Nordengen Christensen
PS 30 (2018)

Iran's Systemic Denial of Access to Higher Education
By Saman Sabeti
PBS No. 84 (2017)

Policy Choices, Dilemmas and Risks in the ICC's Iraq-UK Preliminary Examination
By Thomas Obel Hansen
PBS No. 83 (2017)

Regional v. Universal Jurisdiction in Africa: The Habré Case
By Mutoy Mubiala
PBS No. 74 (2016)

Constitutional Coherence and the Legal Status of the Bahá'í Community of Iran
By Salim A. Nakhjavani
PBS No. 70 (2016)

The Impact of Religion on Military Self-Interest in Accountability: An Islamic Sharīʿah Perspective
By Adel Maged
Chapter 9 in PS 25 (2015)

The Significance of Bangladesh’s International Crimes (Tribunals) Act in the History of International Criminal Law and Justice
By Md. Mostafa Hosain
Chapter 11 in PS 23 (2015)

International Criminal Law’s “Oriental Pre-Birth”: The 1894–1900 Trials of the Siamese, Ottomans and Chinese
By Gregory S. Gordon
Chapter 6 of PS 22 (2015)

Constructing Humanity’s Justice: Accountability for ‘Crimes Against Humanity’ in the Wake of the Syria Crisis of 1860
By Benjamin E. Brockman-Hawe
Chapter 7 of PS 22 (2015)

Societal Reconciliation, the Rule of Law and the Iraqi High Tribunal
By William H. Wiley
PBS No. 35 (2015)

The Special Tribunal for Lebanon and National Reconciliation
By David Re
PBS No. 32 (2015)

The Elusive Reconciliation in the Former Yugoslavia: Role of the ICTY
By Mirko Klarin
PBS No. 31 (2015)

Contextual Analysis of Accountability for Core International Crimes: A Perspective From the Indonesian Armed Forces
By Agus Widjojo
Chapter 7 in PS 25 (2015)

‘Arab Spring’ to Accountability: Supporting Criminal Justice for Atrocity in North Africa and the Middle East
By Emilie Hunter and Alexandre Skander Galand
PBS No. 15 (2013)

Towards Comprehensive Justice Reform Strategies in the Arab Spring Countries
By Adel Maged
Chapter 4.3. in LOTFS 2 (2012)

Investigating Core International Crimes in Indonesia Using Old Evidence: The Indonesian National Commission on Human Rights’ 1965–1966 Investigations
By Sri Yana
Chapter 10 in PS 16 (2012 (Second Edition, 2024))

Towards the Prosecution of Core International Crimes Before the International Crimes Tribunal
By M. Amir-Ul Islam
Chapter 12 in PS 16 (2012 (Second Edition, 2024))

The International Crimes (Tribunals) Act of 1973 and the Rules: Substantive and Procedural Laws
By Md. Shahinur Islam
Chapter 13 in PS 16 (2012 (Second Edition, 2024))

Bangladesh’s Attempts to Achieve Post-war (or Transitional?) Justice in Accordance with International Legal Standards
By Otto Triffterer
Chapter 14 in PS 16 (2012 (Second Edition, 2024))