International
Studies Journal Vol. 3, No. 10, Fall 2006 Abstracts
When Two Visions of a Just World Clash: International Humaniarian Law and Islamic Humanitarian Law
Aniee Van Engeland
10 Int'l Stud. J. 1
With the rise of new challenges in the aftermath of 9/11, the emergence of new types of war and the changing patterns of conflicts and the wars in Iraq and in Afghanistan, the uniformity of IHL is questioned; a debate about the “regionalization” of IHL has spring to life. Academic discussions have become real life issues, such as the existence of an Islamic humanitarian law. Islamic humanitarian does indeed exist and has been shaped by the Quran and the Prophet along the wars. What are the consequences and the risks of this regionalization for IHL? The issue is so not such with the states that do abide by IHL standards but lies with transnational actors such as terrorist groups that provide a distorted version of Islamic law.
The first part of the paper presents what Islamic humanitarian law; it is also necessary to give a definition of the notions of war and peace in Islam: the stance adopted for this paper is that Islam is a religion of peace that set up limits to war and humanitarian principles. There are intellectual trends that consider Islam to be a religion of war and jihad a tool to expand Islam. The second part of the paper explores these theories, from the classicists such as Al Mawdudi to the Orientalists; Can we declare upon these theories that any attempt to present Islam as a peaceful religion respecting IHL is doomed to fail? If one analyzes Islam and its interpretations, there are many common grounds regarding IHL. Therefore IHL can be enriched through experiences and other “versions” of humanitarian law. However there are differences as underlined by Classicists and Orientalists. The best way to solve these differences that could lead to a confrontation between the two sets of laws according to some would be to find a middle path that would respect both systems; One solution might be a reform of Islamic law and its interpretations: this would entitle Islamic law to reform itself from inside and be in conformity with international standards.
The “War on Terrorism”: A Double Fraud upon Humanity
Elias Davidsson
10 Int'l Stud. J. 45
In this article it will be argued that the “war on terrorism” is not only a deceptive concept – in fact an oxymoron - but represents itself a form of terror. By designating terrorism as a global conspiracy threatening to attack anywhere and at any time, whole populations are terrorized to fear the unknown and consent to increased surveillance, security measures and restrictions of liberties. The events of 9/11, as presented by mass media, provided the necessary shock to prepare the American and West European public for supporting wars against other nations and accept increased police surveillance. By exposing the “war on terrorism” as a fraud and the 9/11 crime as its fraudulent justification, it will be easier to mobilize public resistance against further wars and the creeping emergence of a totalitarian world order.
The Politics of the American Tsunami Aid to Indonesia
Abdul Rashid Moten
10 Int'l Stud. J. 85
The earthquake and tsunami of 26 December 2004 swamped the northern and western coastal areas of Sumatra, and the smaller outlying islands off Sumatra. Nearly all the casualties and damage took place within the province of Aceh. The national disaster coordinating agency confirmed the death toll in Indonesia to be 128,715. In the wake of the disaster, Australia, India, Japan and the US had formed a coalition to co-ordinate aid efforts to streamline immediate assistance; however, at the Jakarta Summit on January 6, 2005, the coalition transferred responsibilities to the United Nations. A total of $6 billion has been pledged so far by developed nations to rebuild in the ten affected countries. Much of the money went to Muslim-dominated Indonesia, a vast and mostly impoverished resource-rich archipelago whose northern Aceh province suffered more than two-thirds of those killed in the tsunami catastrophe. The outpouring of aid to Indonesia reflects the collective anguish of a world horrified by the strongest earthquake in 40 years and the ensuing tsunami that killed thousands of people. Overwhelmingly, the motivation behind the aid is humanitarian, but it also has diplomatic and economic overtones and there are other agendas that both the donor and recipient countries have that need to be studied. What other than humanitarian considerations motivated the donors, particularly the United States, to contribute to the Tsunami aid fund for Indonesia? How did the Indonesian government respond to the donor’s demand and with what result?
Transitional Justice: A New Paradigm for Protecting Human Rights Victims
Dr. Mehdi Zakerian
10 Int'l Stud. J. 121
When looking at human rights one must concentrate on state behavior and decisions toward their citizens and the international community. In this way, states, international governmental organizations and international non-governmental organizations look to civil, political, economic, cultural and social rights of individuals and humanity around the world. So in international humanitarian law, one looks for practice of state parties in international or non international wars and conflicts. Transitional justice, however, looks to the victims of both human rights and international humanitarian law. This article presents the methods, techniques and objectives of transition from an authoritarian state to a democratic state. Transitional justice techniques will be analyzed in this research include criminal courts, amnesty, truth and reconciliation commission, repairing, and judiciary reforms among others.
Confrontation Between Domestic Idealism and Foreign Realism in Iranian Foreign Policy in the Shadow of Recent Developments
Rahman Ghremanpour
10 Int'l Stud. J. 133
It seems that there is a historical confrontation between domestic and outside environment in defining the main role of Iranian Foreign Policy. While the domestic variables encourage idealism, asertiveness and becoming a regional dominant power, international system has been the main obstacle to realize the ambitious goals. Due to growing the importance of outside variables in the globalizing world and particularly in the aftermath of 9/11 events, re-emerging and reinforcing of mentioned confrontation is possible again. In this regard, the present article argues that having an effective strategy in Iran’s foreign policy is dependant on considering four variables in four levels. Although it is too difficult to find a solution for this confrontation in near future, having an effective strategy may reduce its negative consequences.
The Spirituality Crisis in the West
Mohammad Javad Heidari
10 Int'l Stud. J. 159
In spite of living in a revolutionary age in many ways, it is widely agreed that the world today represents one of the most critical turning points in valves and perceptions. Several different metaphors or analysis like Natural Science have been proposed to explain the split, but nature has its own value and perception as before. Thus how can we attack the idolatry of religious and spiritual motivations? It does not take much imagination to see how human beings have in fact not removed from their connection to reality. For a complex variety of causes, the author has a belief that spiritual revitalization in 21st century can take place in the way that the insidious factors of materialism could be transformed. A growing chorus of voices has been pointing out the roots of the crisis: Liberalism, Marxism, Existentialism, Positivism. The following article is up to discuss these views. Also, there were men of Islamic conviction and he wishes to point out crucial aspects of their achievements, particularly during the times of this Western paradigm transition.
Justice in International Law
Alireza Ebrahimi
10 Int'l Stud. J. 173
Resolution 1441 adopted by United Nations Security Counsil was not an authorization to America and its allies to use force against Iraq. There is no possible defense of American unilateralism on war against terrorism and worst abuses of human rights to force on to the United Nations. European countries promote the EU’s principals and are after the main regional instruments for the protection of human rights. These instruments do not enshrine common values and are not universal. The author has explored some international instruments in the field of human rights and also convention on elimination of all forms of discrimination against women to refer to the different cultural and regional traditions. He believes that justice as philosophy is a trugh seeker and the reason behind every issue, but justice as law is the same as positive law which means public international law in the matter this paper concerns. So, patterns of power relations requires to be subject to fundamental principals of mankind. The principals which are common to all and do not have conflict with positive law.
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