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    HomeNewsStrengthening Respect for IHL: Building on Commonalities with Islamic Law

    Strengthening Respect for IHL: Building on Commonalities with Islamic Law

    Excellencies, Esteemed guests,

    It is an honour to participate in this International Conference on International Humanitarian Law (IHL) in light of Islamic Jurisprudence, in this beautiful city of Muscat. I wish to express the sincere appreciation of the International Committee of the Red Cross (ICRC) to the Sultanate of Oman, and to the College of Sharia Sciences, for your invitation and hospitality.

    Let me also recognize H.E. Sheikh AbdulMalik bin Abdullah Al Khalili, Chairman of the State Council. It is under his patronage that this topical conference is taking place in Oman, bringing together Muslim scholars from all over the world.

    This conference comes at a critical moment in time, particularly for the Arab world: Millions of civilians are suffering the catastrophic consequences of armed conflicts. From Gaza, Lebanon, Syria, and Yemen to Sudan and beyond, these conflicts are a tragic reality for millions of children, elders, women and men alike. In this context, IHL aims to prevent and alleviate the suffering of war victims. Complying with IHL limits the human and socioeconomic costs of war, and helps pave the way toward peace.

    Oman plays an important role in this context. The country has a rich history of demonstrating its contribution to preserving humanity in armed conflict. For example, in the 9th Century Common Era, Imam AlSalt bin Malik al Kharousi wrote a lengthy letter to fighters in Socotra Island: he instructed them to distinguish between fighters and civilians and to protect the latter. His letter serves as a model for applying moral values of restraint in war. Today, after looking at the programme of this Conference, I can say that Oman is hosting the most comprehensive and substantial conference on the topic of IHL and Islamic law to date. The ICRC appreciates the country’s longstanding commitment in fostering peace and respect for IHL.

    Present in some 120 conflicts around the world, ICRC staff work to assist and protect people affected by war. We witness the horrendous consequences of IHL violations such as families separated and living in the anguish of not knowing what has happened to their missing loved ones, health facilities destroyed with no medical care available, or children killed or maimed by explosive remnants of war.

    My organization is mandated to guard and promote IHL. We work to ensure compliance with the letter and spirit of the law and to alleviate suffering in armed conflict. We engage of course states and non-state parties to armed conflict on their obligations under IHL. For us, it is also critical to build on common perspectives with other influential actors to prevent IHL violations and protect human dignity in war.

    Religions and faiths, such as Islam, play a vital role in this regard. They have moral authority and influence billions of people around the globe. Many IHL rules and principles have been inspired by, and reflect, universal religious precepts such as protecting children, women, the elderly and other civilians as well as prisoners and the medical mission.

    Indeed, Islamic law – as one of the oldest legal systems in existence – has developed detailed rules regulating warfare, which resonate with contemporary IHL principles. This is all the more relevant for us as several of our largest humanitarian operations are carried out in Muslim-majority countries, such as Afghanistan, Nigeria, Somalia, Sudan and Yemen.  

    In such contexts, the constant dialogue that we develop with parties to armed conflicts and others is crucial to improve humanitarian access, to enhance respect for IHL and acceptance for the ICRC’s neutral, independent, and impartial humanitarian work.

    Today, we are witnessing a dangerous trend of lowering the standards of IHL compliance. Such a trend must be stopped and reversed. This is what we seek to achieve with a new “Global IHL Initiative” launched last September at the UN General Assembly with six States (Brazil, China, France, Jordan, Kazakhstan and South Africa). This Initiative aims to galvanize political support and commitment to IHL. It addresses key IHL challenges, including in relation to the conduct of hostilities: a topic that lies at the heart of the Islamic law of war. I am thus pleased that the agenda of this Conference addresses this important issue.

    To promote greater respect for IHL, the ICRC recognizes the importance of building on commonalities between IHL and major religions, philosophical traditions and other normative frameworks. This allows promoting IHL rules and principles more effectively, by anchoring them in diverse settings and traditions. This is what led us to establish a fruitful dialogue with religious leaders, including Islamic scholars, at global, regional and local levels. Such dialogue helps convey powerful messages to communities, weapon bearers and decision-makers with a view to saving lives, alleviating suffering and protecting human dignity.

    Excellencies, distinguished guests, this forum offers an important opportunity to this end, working together towards protecting humanity in war and strengthening respect for IHL.  

    I wish to commend the Sultanate of Oman and the College of Sharia Sciences for organizing this timely conference and wish you fruitful discussions.

    Thank you – Shukran Jazeelan.

     

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