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Mohamed Elewa Badar

Reader in Comparative and International Criminal Law & Islamic Law

Department: Northumbria Law School

Mohamed Badar Law Staff Profile

Dr. Mohamed Elewa Badar joined Northumbria School of Law as a Reader in comparative and international criminal law in July 2013. 

He previously held a position as a Senior Lecturer and Director of Undergraduate Studies at Brunel Law School, London (2007-2013). He has also taught and acted as a convenor of International Law & Islamic Law module at Durham Law School (2011-2013).

Dr. Badar served as Senior Prosecutor and Judge in Egypt from 1997-2006. He is currently a Senior Expert for Euromed Justice IV, a project funded by the European Commission for enhancing Euro-Mediterranean mutual legal assistance on the investigation and prosecution of complex judicial cases i.e. terrorism, money laundering and cybercrime. He also served as a senior Police investigator in Egypt (1991-1997). He was a member (investigator) of the Bahrain Independent Commission of Inquiry to investigate and report on allegations of human rights violations during the civil unrest in Bahrain in February/March 2011.

Dr. Badar holds a PhD in comparative and international criminal law from the National University of Ireland, Galway, a first class honours LL.M. degree in international human rights from the same university, a Bachelor of Law (LLB) and a Bachelor of Police Sciences from the Police College, Police Academy, Cairo, and a Diploma in international legal relations from Ain Shams University, Cairo.

Dr. Badar is the author of The Concept of Mens Rea in International Criminal Law (Oxford: Hart, 2013) and has published 22 articles in refereed journals as well as 13 chapters in prominent books, such as the Commentary on the Rome Statute of the International Criminal Court. His work was cited and quoted by the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Court, the United Nations Extraordinary Chambers in the Courts of Cambodia, the United Nations International Law Commission, the Supreme Court of Argentina, the Supreme Court of Israel and by distinguished scholars.

Dr. Badar is Member of the Editorial Board and Reviewer for the International Criminal Law Review, the International Human Rights Law Review and the Asian Yearbook of Human Rights and Humanitarian Law. He is an Honorary Fellow at Durham Law School and Brunel Law School. He has acted as a PhD external examiner seven times at Durham, Sussex, Strathclyde and Copenhagen Universities.

Dr. Badar is the founder and director of the Northumbria Annual Summer Academy on Contemporary Challenges to International Criminal Justice and the co-ordinator of the Annual Study Visit to the international courts and tribunals at the HagueClick here to view my Blog 

Campus Address

3 Ellison Terrace
Office 114


0191 227 4903

Research Themes and Scholarly Interests

I am a renowned scholar in the field of comparative and international criminal law. My second main interdisciplinary research strand since 2013 has revolved around the rise of violent religious extremism, particularly in the Middle East and North Africa, and the ability of radical militant groups to recruit foreign fighters based on their ideology. In particular, my research questions have been formulated to devise legal and social tools for several stakeholders to be able to effectively combat this phenomenon. I secured a book contract with Hart Publishing for my second monograph, entitled ‘Radical Islamist Groups and their Challenges to Sharia and International Criminal Law’ (forthcoming in December 2018), aims to reveal the radical ideology of modern militant groups, breaking it down to its foundations whilst assessing the key ideologues whose influences have shaped the beliefs of thousands throughout history and continue to do so today. In this aspect it will be very useful to counter-radicalization efforts, increasing the capacity for preventing and controlling the process of violent radicalization and providing a counter-narrative to the propaganda of extremist individuals and groups like IS,  with a further purpose to aid in prosecuting and adjudicating IS for the perpetration of international crimes. The book will be of interest to a wide readership in the area of law and terrorism studies, policy makers and those involved in peacekeeping efforts. 

Further Information

Project Title: Euromed Justice IV Enhancing Euro-Mediterranean mutual legal assistance on the investigation and prosecution of complex judicial cases i.e. terrorism, money laundering and cybercrime.

Funder: European Commission

Project Involvement: Principal Investigator

Date submitted: 16/03/2017

Contract Value: £5,700

Status: Successful

 

Project Title: Specialised Training for Prosecutors

Funder: European Union Co-ordinating Office for Palestinian Police Support

Project Involvement: Principal Investigator

Date submitted:24/03/2014

Contract Value: £5,943

Status: Successful

 

Project Title: Developing and Piloting the Delivery of International Study Opportunities for UK PG Students

Project Involvement: Principal Investigator

Funder: British Council

Date submitted: January 2011

Contract Value: £4,640

Status: successful

 

Project Title: Developing and Piloting the Delivery of International Study Opportunities for UK PG Students

Project Involvement: Principal Investigator

Funder: British Council

Date submitted: January 2010

Contract Value: £4,000

Status: successful

 

Research Project - Forthcoming Monograph

Title: Radical Islamist Groups and Their Challenges to Sharia and International Criminal Law (Hart Series: Studies in International and Comparative Criminal Law – forthcoming. 

This monograph will examine the most dangerous, and at the same time, most alluring aspects of the ideologies propagated by violent Islamists. The development in technological resources, mass media and global communication has enabled groups such as IS to merge an archaic religious ideology with resources of modernity creating a severely effective tool for recruitment. Up to 22,000 foreign fighters from more than 100 countries, including the UK, have been persuaded to join the ranks of the self-declared Islamic State (IS). Furthermore the propagated ideology has served to create an environment where genocide can and has arguably already flourished.

The monograph aims to understand the above-mentioned radical ideology, breaking it down to its foundations whilst assessing the key ideologues whose influences have shaped the beliefs of thousands throughout history. In this aspect it will be widely useful to counter-radicalization efforts, increasing the capacity for preventing and controlling the process of violent radicalization and providing a counter-narrative to the propaganda of extremist individuals and groups like IS. 

Secondly, the monograph will analyze the hate propaganda derived from this ideology and used in ISIS’s online publications as well as their radio broadcasts. A comparative study will then bring to light the fact that ISIS hate propaganda amounts to direct and public incitement of others to commit genocide and the propagandists could thus be prosecuted for this crime at national or international courts. 

Thirdly, the monograph will expose the common denominators of hate propaganda used by different radical groups in an attempt to equip national and international societies with tools of early recognition of radicalization and potential roads to genocide.

Fourthly, the monograph will examine the (mis)application of Islamic criminal law, particularly the disregard of Islamic evidentiary rules required for hudud crimes, by Islamic militants. Mali, Nigeria and Somalia are the main case studies of the present chapter.

Fifthly, the book will examine and compare the treatment of rebels under Islamic law of rebellion (Ahkamal Boghat) as oppose to their status as bandits under Western law. It will also examine and compare the crime of hirabah under Islamic criminal law and the crime of terrorism under domestic and international criminal law in light of the recent definition by the Special Court of Lebanon.

Sixthly, the book will examine the notion of jihad as declared by Islamic militants and will therefore essentially aims to provide answers to questions already raised by many scholars and international organisations: What are the justifications for waging war on which the self-declared Islamic State relies? Are these justifications valid under Islamic international law? Who can declare jihād and under what conditions? Could IS still rightfully claim to be a caliphate under Shari’a, regardless of a lack of international recognition? The answers to these questions are crucial because IS recruitment and rallying narrative relies on depicting its struggle as a just and noble jihād.

The final chapter will examine the (in)applicability of Euro-centric notions of state enshrined in international law to fundamentally different concepts of sovereignty, which base their legitimacy in divine law, i.e. the phenomenon of an Islamic caliphate as a complete negation of the current world order. 

Conference Papers

Paper Presented at International Conferences / Summer Schools / Invited Lectures  

  1. ‘The Prohibition of the Use of Force and the Crime of Aggression from the Viewpoint of Islamic Law’ paper presented at the 19th Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, Salzburg, 1st August 2017

  2. ‘The Borderline of Incitement to Genocide and Hate Speech in the Context of IS Propaganda’ paper to be presented at the 19th Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, Salzburg, 2nd August 2017

  3. ‘The Relationship between the Concepts of Sovereignty and Responsibility to Protect from the View Point of Islamic Law Perspective’, paper to be presented at the IV Seminar of Ibero-American Thinking on International Justice, The Hague University of Applied Sciences, The Hague, The Netherlands, 7 June 2017

  4. ‘Cultural Defences in International Criminal Law’ paper to be presented in the Annual Conference of the Socio-Legal Studies Association, Newcastle, 5-6 April 2017  

  5.  ‘A Preliminary Reflection on the Work of the United Nations International Law Commission and Its Failure to Codify Crimes against the Environment in Time of Peace’, paper presented at the International Conference on Transitional and International Environmental Crime: Synergies, Priorities and Challenges’ Lincoln Law School, University of Lincoln, 15 February 2017

  6. ‘Reintegration Foreign Fighters: De-radicalisation and Desistance’ – a one-day, workshop, Lancaster University, 26 January 2017   

  7. ‘A System of International Criminal Justice to Prevent and Counter Violent Extremism: The Case of IS and Boko Haram’ paper presented at the 7th meeting of Parliamentarians for Global Action’s Working Group on the Universality of the Rome Statute of the International Criminal Court in the Middle East and North Africa, Dakar, Senegal, 8 December 2016

  8. ‘Islamic Law: Segregation or Integration into the International Legal System’ paper presented in the Islam and International Criminal Justice Workshop organised by International Nuremberg Principles Academy, Nuremberg, Germany 14 October 2016

  9. ‘The Self-Declared Islamic State (IS) and Ius ad Bellum in Islamic International Law’, the International Conference on ‘ISIS and Implications for Human Rights and Humanitarian Law’ organised by the Editors of The Asian Yearbook for Human Rights and Humanitarian Law and Brill-Nijhoff Publishers, Brunel University, London, September 2016 

  10. ‘The Road to Genocide. The Propaganda Machine of the Self-Declared Islamic State (IS)? Is History Repeating Itself?’ paper presented at the Institute for International Peace and Security Law, University of Cologne, Germany (Guest Lecturer – by invitation) 26 May 2016

  11. ‘The Road to Genocide. The Propaganda Machine of the Self-Declared Islamic State (IS)’ paper presented at a one-day workshop entitled ‘Muslim Response to hate Speech and the Dynamics of Sectarian Conflict in the UK’ organised by the Research Group Islam, Law and Modernity at Durham University in Conjunction with the Centre for the Study of Religion and Conflict, at Arizona State University, Durham, 16 May 2016

  12. ‘The Road to Genocide. The Propaganda Machine of the Self-Declared Islamic State (IS)? Is History Repeating Itself?’ paper to be presented at Maynooth University Department of Law, National University of Ireland, Maynooth, Ireland (Guest Lecturer – by invitation) 21 April 2016

  13. ‘Joint Criminal Enterprise v. Co-perpetration and the Control over the Crime Theory’, a lecture to be presented to PG students at Maynooth University Department of Law, National University of Ireland, Maynooth, Ireland (Guest Lecturer – by invitation) 20 April 2016

  14. ‘The Road to Genocide. The Propaganda Machine of the Self-Declared Islamic State (IS): Is History Repeating Itself?’ a lecture presented to PG students at Brunel Law School, Brunel University, London (Guest Lecturer – by invitation) 1 March 2016

  15. ‘The Road to Genocide. The Propaganda Machine of the Self-Declared Islamic State (IS): Is History Repeating Itself?’ a paper presented to members of Newcastle Forum for Human Rights & Social Justice, Newcastle Law School, Newcastle University, 10 February 2016

  16. ‘Modes of Participation / Co-Perpetration in the Rome Statute and the Jurisprudence of the International criminal Court’  paper presented at the ICC Summer School, Irish Centre for Human Rights, National University of Ireland, Galway, 18 June 2015.

  17. ‘The (miss) Use of Comparative Criminal Law Methods in the Early Jurisprudence of the International Criminal Court’, paper presented at the ICC Summer School, Irish Centre for Human Rights, National University of Ireland, Galway, 17 June 2014

  18. ‘The International Criminal Court and the Nigerian Crisis: An Inquiry into the Boko Haram Ideology and Practices from an Islamic Law Perspective’ paper presented at IGLP Conference, Harvard Law School, Cambridge, 3 June 2014

  19. ‘Evolution of Ahkam Al Bughat: the Islamic Law of Rebellion and its Significance to the Current International Humanitarian Law Discourse’ paper presented at Brunel Law School Conference on ‘Interdisciplinary Perspectives on the History of Islamic International Law and the Intercultural Origins of the Law of Nations’, London, 28 Feb. 2014

  20. ‘Shari’a Limitations on Jihad (Jus ad Bellum) and the Use of Force (Jus in Bello)’ paper presented at the 2013 Seminar on Shari’a Law and Military Operations organised by NATO School and ISISC, Siracusa, Italy, 27 November 2013 

  21. ‘The Status of Boko Haram under Islamic and International Humanitarian Law’, presented at Islam, Law and Modernity ILM, Durham University,  12 November 2013 https://www.dur.ac.uk/ilm/events/?eventno=17760

  22. ‘Boko Haram, Islamic Law of Rebellion and the International Criminal Court’, presented at the British Institute of International and Comparative Law Seminar Series on Recent Developments in International Criminal Law: Hopes and Fears, London 15 October 2013 http://www.biicl.org/events/view/-/id/788/

  23. ‘Blame it on the ICC? Importing German Theories into the African Continent, Indirect Co-Perpetration and Beyond’ paper presented at the International Criminal Court Summer School, The Irish Centre for Human Rights, National University of Ireland, Galway 17-20 June, 2013

  24. The International Criminal Court and the Challenge of Legal Pluralism: The Islamic Law on Rebellion and the Armed Conflict in Nigeria, paper presented at Cambridge Conference on "Legal Tradition in a Diverse World" at the Faculty of Law and Lauterpacht Centre for International Law, Cambridge, 18-19 May 2013.

  25. Blame it on the ICC? Importing German theories into the African Continent, Indirect Co-Perpetration and Beyond, paper to be presented at ‘The First Ten Years of the International Criminal Court, Achievements and Challenges’ Edge Hill University, 26 April 2013.

  26. ‘The Arab Spring: Islamisation of Law or Politicisation of Islam?’, paper presented at the School of Law, University of Surrey, 28 Nov. 2012

  27. International Expert Conference on ‘Criminal Justice and Accountability in Arab Transition Processes’ organised jointly by United Nations Department of Peacekeeping Operations (DPkO), Cairo Regional Centre for Training on Conflict Resolution and Peacekeeping in Africa (CCCPA) and the Centre for International Peace Operations (ZIF), Germany.

  28. ‘The Islamic Criminal Justice System and the Complementarity Regime of the International Criminal Court: Replacing Conflict with Harmony’ paper presented at the 14th Summer Session of Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, Salzburg 5-17 Aug. 2012.   

  29. ‘Islamic law for crimes under international law and post-conflict justice – peace and reconciliation vs. traditional penal sanctioning’; ‘Applicability of Islamic law on the international and the national level having jurisdiction over war crimes – the universality principle’ papers presented at the 13th Summer Session of Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, Salzburg 7-19 Aug. 2011.  
     
  30. ‘Legal Perspectives on the Democratic Transition in Egypt’, paper presented at the roundtable seminar on the post-revolutionary development in the Arab world, organized by Göttingen University, Germany, 17 May 2011

  31. ‘A Preliminary Reflections on the Contextual Elements of Crimes against Humanity and Genocide’, paper presented at the Conference on International Criminal Justice – From the ICC to Hybrid Tribunals to the Special Tribunal for Lebanon – organized by the Scientific Association for Disseminating Legal Culture in the Arab World, Justice without Frontiers in cooperation with the Special Tribunal of Lebanon, Beirut, Lebanon, 26 May 2011.

  32. ‘Islamic Law (Shari‘a) and the Jurisdiction of the International Criminal Court’, paper presented at the 11th Annual Specialization Course in International Criminal Law for Young Penalists, organized by the International Institute of Higher Studies in Criminal Sciences (ISISC), Siracusa, Italy, 29 May 2011

  33. ‘An Islamic Perspective on International Criminal Law’, paper presented at the conference Common Civility: International Criminal Law as a Cultural Hybrid, organized by the T.M.C. Asser Institute in co-operation with Vrije Universiteit Amsterdam, Koninklijke Nederlandse Akademie van Wetenschappen and Georg-August-Universität Göttingen, The Hague, The Nederlands, 28-29 January 2011.

  34. 'Crime and Punishment in Islamic Criminal Law', paper presented at the Criminal Law and Shari‘a Seminar, organized by the United Nations Office on Drugs and Crime (UNODC), in co-operation with the International Institute of Higher Studies in Criminal Sciences (ISISC), Vienna, Austria, 1 December 2010.

  35. ‘The Rights of the Child in the Islamic Republic of Afghanistan’, paper presented at the Criminal Law and the Rights of the Child Colloquium, organized by the British Institute of International and Comparative Law, London, 30 November 2010.

  36. ‘General Principles of Law, Islamic Law and the ICC’, paper presented at the Shari‘a Law and Military Operations Seminar, organized by the NATO School in co-operation with The International Institute of Higher Studies in Criminal Sciences (ISISC), Siracusa, Italy, 11 - 15 October 2010.

  37. ‘Shari‘ah and the International Criminal Court’, paper presented at Shari‘a and Legal Globalization Conference, organized by Oxford Brookes University, Oxford, United Kingdom, 14-16 June 2010.

  38. ‘The Mens Rea Enigma of Genocide’, paper presented at the Second Global Conference on Genocide organized by the International Network of Genocide Scholars, Sussex University, Sussex, United Kingdom, 29 June -1 July 2010.

  39. ‘General Principles of Law, the International Criminal Court and the Islamic Legal System, paper presented at Marie Curie Network Conference on International Criminal Law and Legal Pluralism, Grotius Centre for International Legal Studies, Leiden University, The Netherlands, 20 March 2010.

  40. ‘Joint Criminal Enterprise and the Future of International Criminal Justice: The Case of Radovan Karadžić’, paper presented at the Symposium on the New Development of International Criminal Law, organised by the Research Centre for International Criminal Law (RCICL), Faculty of International Law, China University of Political Science and Law, Beijing, China, 25-26 April 2009.

  41. ‘Jihad, Self Defense and the Crime of Aggression in International Law’, paper presented at the Third Hague Colloquium on The Impact of Jihad on Domestic and International Law, organized by the T.M.C. Asser Institute & The Hague Institute for the Internationalization of Law, The Hague, The Netherlands, 3 October 2008.

  42. ‘Shari'a and the International Criminal Court’, paper presented at the 8th Specialization Course in International Criminal Law for Young Penalists, The Shair'a and International Criminal Law, ordained by the International Institute of Higher Studies in Criminal Sciences (ISISC), Siracusa, Italy, 25 May – 4 June, 2008 

  43. ‘Rethinking Mens Rea in the Rome Statute of the International Criminal Court in Light of the Lubanga Decision’, paper presented at the Symposium.  ‘The ICC Review Conference 2009/10 & the Future of the ICC, organized by the AIDP and Tubingen University, Germany, 1-4 April 2008.  A video link of the presentation is available at: www.jura.uni-tuebingen.de/aidp.

  44. ‘Introduction to Islamic Law Shari‘a’, paper presented at the pilot training course on the 'Rule of Law and Access to Justice'’ the Department for International Development (DFID), London, 20 February 2008.

  45. ‘Genocide at the Safe Area of Srebrenica: The Failure of the Security Council to Protect Civilians in Contemporary Armed Conflicts’, paper presented at the Seventh Annual Conference of the University of Nottingham – ‘The UN Security Council and Human Rights’, 18 March 2006.  

  46. ‘Shaping Politics into Religion and  Law: Thoughts from Islamic Republic of Afghanistan’, paper presented at the international conference - Reframing Islam: Politics into Law - convened by the Irish Centre for Human Rights, National University of Ireland, Galway, 11-12 September 2005. www.reframingislam.org

  47. ‘Fair Trial Standards: The New Legislations in Afghanistan – Islamic Law Sharia‘a and the International Covenant for Civil and Political Rights’  Paper Presented at the Training Course on the Interim Criminal Procedure Code of Afghanistan, convened by the Italian Ministry of Foreign Affairs (Justice Project Office) and ISISC Office in Afghanistan, Kunduz Province, 16-17 March 2005.

  48. ‘History of International Criminal Tribunals’, Paper Presented at the Training Course on the Interim Criminal Procedure Code of Afghanistan, convened by the Italian Ministry of Foreign Affairs (Justice Project Office) and ISISC Office in Afghanistan, Supreme Court of Mazar-e-Sharif Province, 20 February 2005 

  49. ‘Evidentiary Techniques in Comparative Criminal Justice Systems’, Paper Presented at the Advanced Training Programme for Afghan Anti Drug Task Force’, convened by the United Nations Office on Drugs & Crimes (UNODC), ISISC Office in Kabul, and the Government of the United Kingdom, Counter Narcotic Police Academy, Kabul, Afghanistan, 21 December 2004.

  50. ‘An Introduction to the International Criminal Court’ Paper Presented at the First Training Course on the Interim Criminal Procedure Code of Afghanistan, convened by the Italian Ministry of Foreign Affairs (Justice Project Office), ISISC Office in Afghanistan, and the Faculty of Law & Political Sciences, Kabul University, Afghanistan, 10 June 2004. 

  51. ‘Duties and Jurisdictions of Judicial Police under the Interim Criminal Procedure Code of the Islamic Republic of Afghanistan: A View of an Egyptian Police Investigator’, Presented at the First Training Course on the Interim Criminal Procedure Code, Kabul, Afghanistan, 3 June  2004.
     
  52. ‘Genocide at the Safe Area of Srebrenica: A Search for a New Strategy for Protecting Civilians in Contemporary Armed Conflict’, Presented at the UN/UNITAR Fellowship Programme in International Law, The Hague, The Netherlands, 8 July - 16August 2002.

  53. ‘Origins of the Legal Prohibition of Crimes against Humanity’, Presented at ‘The New International Criminal Law’, convened by the Institute of International Public Law & International Relations, Thessaloniki, Greece, 3-21 September 2001.

Key Publications

Books 

Monograph (2019) Radical Islamist Groups and Their Challenges to Islamic Law and International Criminal Law (under contract) (Oxford: Hart) 

Monograph (2013) The Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach, Oxford, Hart, pp. 540 (REF 2014)

Refereed Journal Articles

  1.  (2017) ‘Discussion Interrupted: The Destruction and Protection of Cultural Property under International Law and Islamic Law - Prosecutor v. Al Mahdi’ 17(3) International Criminal Law Review (accepted/in press) (with N Higgins)

  2. (2017) ‘Radical Islamist Groups and the Division of the World: A Critique from Islamic Perspective’ 31 Arab Law Quarterly (accepted/in press) (with M Nagata) (REF 2020)

  3.  (2017) ‘The Radical Application of the Islamist Concept ofExcommunication (Takfir)’ 31 Arab Law Quarterly (accepted/in press) (with M Nagata and T Tueni) (REF 2020)

  4. (2017) ‘The Self-Declared Islamic State and Ius ad Bellum under Islamic International Law’, The Asian Yearbook of Human Rights and Humanitarian Law (accepted/in press) (16.000 words) (REF 2020)
      
  5.  (2016) ‘The Road to Genocide. The Propaganda Machine of the Self-declared Islamic State (IS) 16 (3) International Criminal Law Review 361-411 (REF 2020)
     
  6.  (2015) ‘Mens Rea, International Crimes’, Oxford Bibliographies in International Law, Oxford: Oxford University Press, (with S Porro and I Marchuk)

  7. (2014) ‘The Fault Element and Withdrawal Principles in Joint Criminal Enterprise: The Need for a Restatement’ 1 Journal of International and Comparative Law’ 253-292 (with Alan Reed) (REF 2020)

  8. (2014) ‘The International Criminal Court and the Nigerian Crisis: An Inquiry into the Boko Haram Ideology and Practices from an Islamic Law Perspective’ 3 International Human Rights Law Review 29-60 (with S Amin and N Higgins) (REF 2020)

  9. (2013) ‘Ius in Bello under Islamic International Law’ 13 International Criminal Law Review 593-625 (REF 2014)

  10.  (2013) ‘A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World: England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition’ (2013) 24 Criminal Law Forum 1-48 (with I. Marchuk) [Lead Article]

  11. (2011) ‘Islamic Law (Shari’a) and the Jurisdiction of the International Criminal Court’ 24 Leiden Journal of International Law 411-433 (REF 2014)

  12. (2009) ‘Dolus Eventualis and the Rome Statute without it?’, 12 New Criminal Law Review 433-67 (REF 2014)  

  13. (2009) ‘Current Development at the International Criminal Tribunals’, (2009) 9 International Criminal Law Review 227-251 (with N. Karsten)

  14. (2008) ‘Current Development at the International Criminal Tribunals’, 8 International Criminal Law Review 353-379 (with N. Karsten)

  15. (2008) ‘The Mental Element in the Rome Statute of the International Criminal Court: A Commentary from A Comparative Criminal Law Perspective', 19 Criminal Law Forum 473-518 

  16. (2007) ‘Current Developments at the International Criminal Tribunals’, 7 International Criminal Law Review 163-186 (with N. Karste)

  17. (2006) ‘Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the former Yugoslavia’, 6 International Criminal Law Review pp. 313-348 (REF 2008)

  18. (2006) “‘Just Convict Everyone!’ – Joint Perpetration from Tadić to Stakić and Back Again’, 6 International Criminal Law Review 143-152

  19. (2005) ‘Mens Rea, Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals’, (2005) 5 International Criminal Law Review 203-246 (RAE 2008)

  20. (2004) ‘From the Nuremberg Charter to the Rome Statute: Defining the Elements of Crimes against Humanity’, 5 San Diego International Law Journal 73-144 (REF 2008)

  21. (2004) ‘The Asylum Seekers and the European Union: Past, Present, and Future’, 8 The International Journal of Human Rights 159-174 

  22. (2003) ‘Basic Principles Governing Limitations on Individual Rights and Freedoms in Human Rights Instruments’, 7 The International Journal of Human Rights 63-92 (REF 2008)

  23. (2001) ‘Genocide at the Safe Area of Srebrenica: A Search for a New Strategy for Protecting Civilians in Contemporary Armed Conflict”, 10 Michigan State University Journal of International Law, (2001) 429-463

Book Chapters

  1. (2018) ‘General Principles of Law, the International Criminal Court and the Islamic Legal System’, in M Böse, M Bohlander, A Klipe and O Lagodny International Criminal Law (Brill, Martinus)

  2. (2017) ‘Islamic Criminal Law: Segregation or Integration into the International Legal System’ in Islam and International Criminal Justice: Theory, Practice and Beyond (Publisher: International Nuremberg Principles Academy, Nuremberg Germany 2017)

  3. (2017) ‘Evolution of Ahkām Al Bughāt: the Islamic Law of Rebellion and its Significance to the Current International Humanitarian Law Discourse’, in Ignacio De La Rasilla (ed) The History of International Law and Islam, The Hague: Martinus, Brill, (reviewed and accepted for publication) 

  4. (2015) ‘Article 11 Jurisdiction Ratione Temporis’ in Otto Triffterer and Kai Ambos (eds.) Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article  3rd edn. C.H. Beck, Hart, Nomos, 645-660 (with Rod Rastan) http://cedpal.uni-goettingen.de/data/Novedades/2015/Flyer_Triffterer_Ambos_Rome_Statute.pdf  

  5. (2015) ‘Rethinking the Mental Elements in the Jurisprudence of the ICC’ in C. Stahn (ed.) The Law and Practice of the International Criminal Court’ Oxford: Oxford University Press, 649-668 (with S Porro)

  6. (2014) ‘General Principles of Law in the Early Jurisprudence of the ICC’ in T Mariniello (ed.), The International Criminal Court in Search of Its Purpose and Identity, Routledge, 263-282 (with N Higgins)

  7. (2012) ‘The Mens Rea Enigma in the Jurisprudence of the International Criminal Court’ in L van den Herik and C Stahn, The Diversification and Fragmentation of International Criminal Law, Martinus Nijhoff, pp. 504-534

  8. (2011) ‘The Rights of the Child in the Justice System of the Islamic Republic of Afghanistan’, in N. Abiad and F.Z. Mansoor (eds.) Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective, London, British Institute of International and Comparative Law 85-99

  9. (2010) ‘Some Reflections on Article 30 of the Rome Statute in Light of the Lubanga & Katanga Decisions on the Confirmation of Charges’, in O. Triffterer, J. Vogel, C. Burchard (eds.), The Review Conference and the Future of the International Criminal Court, Kluwer Law International, 109-130

  10. (2010) ‘Participation in Crimes in the Jurisprudence of the ICTY and ICTR’, in W. Schabas and N. Bernaz (eds.), Routledge Handbook of International Criminal Law, Routledge, 245-267

  11. (2009) ‘Joint Criminal Enterprise and the Future of International Criminal Justice – The Case of Radovan Karadžić’, in Ling Yan (ed.), Making Peace Through Justice: Essays on the New Development of International Criminal Law, Beijing: World Affairs Press, 217-239

  12. (2007) ‘Rethinking Mens Rea in the Jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda’, in Olaoluwa Olusanya Rethinking International Criminal Law: The Substantive Part, Groningen: Europa Law Publishing, 11-33

Reports Submitted to Professional Bodies

  1. The Rights of the Child in the Justice System of the Islamic Republic of Afghanistan, a report submitted to the British Institute of International and Comparative Law (BIICL) for a research project aimed at enhancing the implementation of non-discriminatory laws relating to juvenile criminal justice systems through training and research (2009). The experts reports was published by BIICL in 2011 in an edited collection entitled Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective. 

  2. Expert Report for Presentation to the Asylum Immigration Tribunal in Newport South Wales on the Urfi (Unofficial/Custom) Marriage and the Rules of Egyptian Courts (2009)

  3. Report (188 pages) submitted to the United Nations Interregional Crime and Justice Research Institute (UNICRI) for the Training Manual on Investigation, Prosecution and Adjudication of Drug Related Cases in the Islamic Republic of Afghanistan.

Further Information

The significance and impact of my research on radical Islamist militants and their challenges to international criminal law and Islamic law is evidenced by several high-profile invitations from different stakeholders. In January 2014 and May 2016, at the request of the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) at The Hague, I was invited to address ICC personnel on aspects relevant to Islamic international law, Islamic criminal justice and Islamic conception of human rights. In December 2016, I received a high profile invitation from the Secretary-General of Parliamentarians for Global Action (PGA) - a non-governmental, cross-party network of 1,400 individual legislators from 143 parliaments from around the world. I was requested to speak about my very recent paper ‘The Road to Genocide: The Propaganda Machine of the Self-Declared Islamic State (IS)’ during the 7th Meeting of PGA, in Dakar, Senegal. In the past ten months I was invited eleven times to present my current research on the subject during international conferences and workshops at Newcastle, Durham, Brunel, Lancaster, Maynooth, Cologne and Salzburg Universities. I was also invited by the Nuremberg Principles Academy, Nuremberg, Germany to present my current research on Islamic law and international criminal justice and was invited to contribute a chapter to the edited collection to be published by the Academy early 2018. I also presented my first research paper on the subject in 2014 at Harvard Law School.

Voice of Islam - Drive Time Show – ‘Radio Interview on Sectarianism in Islam: A Recipe for Disaster’ 15 December 2016

NRL Link

My published work is available on Northumbria Research Link (NRL)

PGR Supervision

  1. Birju Kotecha, Can reconciliation be an effective goal of international criminal prosecutions?
  2. Md Zakaria Sabuj, Legitimacy and Compatibility of 'Use of force (jus ad bellum)' in Public International Law and Islamic International Law
  3. Christopher James Morris, Addressing Radicalisation in Law; Contenting Possible Reponses
  4. Masaki Nagata, The Implications of Apostasy and Blasphemy Laws in Islamic States and Its Application by Jihadi Militants (PhD degree awarded/Brunel University)
  5. Hossam ElDeeb, The Implementation of the Rome Statute of the International Criminal Court by Arab States (PhD awarded/ Brunel University)
  6. Muath Yahia Yosef Al-Zoubi,  An Analysis of the Crime of trafficking in persons under International Law with a Special Focus on Jordanian Legislation (PhD awarded/ Brunel University) 


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