Muslim Lawyer - Muslim Lawyer

on the origins of public International Law

2/8/2015

The history of International Law is commonly considered to have begun in the mid-19th century with the first Geneva Convention, whereas its theoretical foundations are traced back to 1625, when Hugo Grotius wrote De jure belli ac pacis.
But is that true? Can it be possible to trace back the origins of a universal legal system without paying even the slightes attention to the remaining two thirds of the world? Or is rather another eurocentric approach to a asses the history of a legal order?

MuslimLawyer will try to shed some light on this issue and find out where it all began in the next article.

Coming soon: A different approach to the history of the ius gentium.

Free speech And Islam

1/27/2015

After the heinous attacks on the editorial offices of Charlie Hébdo in Paris, France, a whole continent pretends to reclaim the right to free speech and the freedom of the press from a religious minority. As if the Muslims had taken it away from them. Thereby, they forget that the 'liberal' and secular societies themselves have long abandoned and betrayed these basic freedoms. There has never been unlimited freedom of speech. It always depends on whom it is directed at. Real free speech is a precious asset, a cornerstone of a truly just society and an unalienable human right. Words of truth are powerful, much more powerful than violence could ever be. Gifted and at the same time critical orators have always been perceived as a danger. This is one central lesson we draw from history.

It was primarily through his courageous words against Pharao that Musa (a.s.) defeated him and freed the oppressed Bani Israel, when Allah instructed him to do so:

"Go, both of you, to Pharaoh. Indeed, he has transgressed. And speak to him with gentle speech that perhaps he may be reminded or fear [Allah]." (Sura Ta-Ha 20:43, 44)

It were the miracolous words of the holy Quran, inspired by Allah the Almighty that brought victory to Prophet Muhammad (s.a.w.s.). And it is this powerful speech, revealed in the form of the holy Quran, that unites the most different people from all over the world into one peace-loving, godfearing community and inspires the daily lifes of billions of worshippers. Islam strongly advocates courageous free speech as a means to fight injustice, evil and to remove grievances - more than any constitutional document could ever do.

It was not without reason that Prophet Muhammad (s.a.w.s.) said:

“The best Jihad is to speak a word of truth to a tyrannical ruler”

But these kinds of words are rare nowadays. Media and politicians alike do not advocate on behalf of this kind of free speech that addresses unconvenient truths. Editors, publishers and journalists do not dare to criticize their donors. And so they keep amusing themselves at the expenses of defenceless minorities and pretend they are upholding the flag of free speech.

However, few enlightened people, like former bishop of Oxford, Richard Harries, do manage to recognize this shameful hypocrisy and strikingly express their doubts:

"Much of what passes for humour today is puerile and vulgar, directed at soft, obvious targets. The purpose of satire, and its justification, is to expose the injustice, blindness and hypocrisy of the powerful, and that can include religious institutions and figures. But there is no justification for deliberately belittling any community that already feels marginalised and vulnerable, as does the Muslim community in France." (The Independent, 18 January 2015, Read more.)

A New Year - Old Resentments

1/5/2015

In 2014, there have been 13 arson attacks against mosques in Sweden (for an overview click here). Within the last five days alone, three attacks on muslim places of worship have taken place. On Christmas Day, a fire bomb was thrown into a mosque in Eskilstuna, injuring five worshippers. A few days later, another arson attack against a mosque occured in Eslöv. And on New Year's Day, a petrol bomb was thrown at a mosque in Uppsala.
With far right and islamophobic parties on the rise, Europe is currently witnessing an increasing surge of hatred against Muslims. The media are doing their part in inciting the mobs. Mainstream politicians and media must make clear, that hate attacks against places of worship, no matter of what religion, are always inexcusable, inacceptable and intolerable acts of terrorism. Heinious arson attacks against places of worship are not a new phenomenon in Europe. It is up to the people, to learn from past mistakes and make them history once and forever.

Bild

Burning mosque in Sweden: A scene that reminds us of a dark past in Europe, which we believed we had overcome.

Christmas: What Muslims think of it

12/25/2014

The Romans have successfully infiltrated the once monotheistic belief of Christians and made them worship their own oppressor’s idols. It is no coincidence that Christmas takes place during the winter solstice – the exactly same days when ancient Romans celebrated their pagan festival called “Saturnalia” in worship of their deity “Saturn”. The practices of drinking or gift-giving were a central part of this Roman custom and have been preserved under the guise of “Christianity” until today. In fact, Christmas has nothing to do with the monotheistic belief as it was preached by Jesus (pbuH). And Allah says in the glorious Qur’an about those who worship false Gods: “And they have taken besides Allah [false] deities that they would be for them [a source of] honor. Do you not see that We have sent the devils upon the disbelievers, inciting them to [evil] with [constant] incitement?” (Surat Maryam 19: 81-82).

It is also no secret that nowhere in the Scriptures does it say that Prophet Jesus’ (pbuH) miraculous birth actually took place in December. There was no coniferous tree at the place where Jesus (pbuH) was born, instead the Qur’an tells us about his mother Mary that “the pains of childbirth drove her to the trunk of a palm tree” (Surat Maryam 19:23). So at least, there should be a palm tree instead of a white, snow-covered coniferous tree. Moreover, he wasn’t born during the winter season at all, because the Qur’an tells us further that on this palm tree, there were ripe, fresh dates (Surat Maryam 19:25).

We Muslims love our Prophet Jesus and we love our Christian fellow-citizens. And this love requires us not to take part in these blasphemous celebrations but to remind the world instead, of what it really means to love Jesus (pbuH): To follow his teachings and those of the Prophet that followed him by practicing what he did. When he miraculously spoke to the people in the cradle, he said: “Indeed, I am the servant of Allah . He has given me the Scripture and made me a prophet. And He has made me blessed wherever I am and has enjoined upon me prayer and zakah as long as I remain alive and [made me] dutiful to my mother, and He has not made me a wretched tyrant. And peace is on me the day I was born and the day I will die and the day I am raised alive." (Surat Maryam 19:30-33). And Jesus further said: “And indeed, Allah is my Lord and your Lord, so worship Him. That is a straight path.“ (19: 36).

Christmas is the day when one of the gravest sins is being commemorated and fervently celebrated: “And they say: The Most Merciful has taken [for Himself] a son. You have done an atrocious thing. The heavens almost rupture therefrom and the earth splits open and the mountains collapse in devastation that they attribute to the Most Merciful a son. And it is not appropriate for the Most Merciful that He should take a son.” (Surat Maryam 19:88-92).

No, Jesus would never have called himself the biological son of God. If we truly loved Jesus, we should believe like he did that “Allah is One, Allah, the Eternal Refuge. He neither begets nor is born. Nor is there to Him any equivalent.” (Surat Al-Ikhlas 112).

HRW: Home Demolitions by IDF A "potential War crime"

11/22/2014

The demolishing of family homes of Palestinians in East Jerusalem has been condemned by Human Rights Watch (HRW) as an unlawful collective punishment. House demolitions that are carried out in occupied territory and East Jerusalem amount to collective punishment, which is a war crime under International law. The Israeli PM recently ordered the demolition of the homes of several Palestinians, calling them "human animals". This shows the Israeli disrespect for Palestinian life and property. The Israeli policy of dehumanization and degradation of Palestinians aims at legitimizing the commission of war crimes against the Palestinian population. After first denying Palestinians the right to live on their own soil, driving them out of their home and then denying them the right to return to their homeland, Israel now even tries to even deny them the right to be treated like human beings by labelling them as animals. The Israeli apparatus of power is hereby just demasking its own inhumane, cruel and barbaric face.

Economic Sanctions Now

11/18/2014

Sanctions have been imposed in the past on many countries, for incidents that are minor compared to the ongoing Israeli atrocities. The reason behind sanctions is to coerce a government that has violated international law into following international law.

For example, the Security Council Resolution No. 661 (1990) placed sanctions on the State of Iraq after the invasion of Kuwait which were only lifted in May 2003 after the illegal US-led invasion. The iraqi invasion was without doubt a violation of the sovereignty of Kuwait. However, these harsh sanctions had devastating effects and resulted in the deaths of half a million children, according to UNICEF sources.[1]

In 2010 sanctions were imposed on Iran in order to prevent it from pursuing its nuclear ambitions. The mere fear that Iran might possibly develop destructive weapons some time in the future and then probably attack its neighbouring countries was considered to be enough in order to justify the imposition of sanctions in that case.
Cuba has been suffering under a harsh U.S. embargo since the 60s for having the wrong ideology, which has severed humanitarian conditions in the country.
And most recently, the US and the EU jointly imposed economic sanctions on individuals in Russia for its alledged violation of Ukrainian sovereignty when the people of Crimea freely decided to seperate from their government, after it had been taken hostage by an extreme right-wing mob in a NATO&US-sponsored coup d'état. Russia is also "punished" on the mere suspicion that it might be involved in the struggle for freedom of the people in Eastern Ukraine.

According to unconfirmed reports the EU is finally considering sanctions against Israel over its settlement policies.
However, Israel should have long been sanctioned by the world community for its continuous violation of Palestinian sovereignty, dignity and their right to life and property. There are various reasons for imposing sanctions at last.
1. Settlement building on occupied territory is nothing new to the world and has been going on for decades. The settlements are aimed at torpedoing the U.N. partition plan from 1947 that drew the borders of two states. The systematic demolition of palestinian homes and construction of new jewish settlements on occupied territory has been declared a gross violation of international law by the International Court of Justice and several U.N. General Assembly Resolutions. Israel is acting in disregard for International Human Rights law and Humanitarian law. The Israeli settlement buildings in the occupied West Bank and East Jerusalem is clear proof that Israel has no interest in ever respecting an independent sovereign Palestinian State.
These policies aim at preventing any claim of Palestinians for their territory and at driving out Palestinians from their homes. The goods that are produced on palestinian soil and from palestinian territory are unjustly sold all over the world by Israel.

2. Moreover, Israel is following an apartheid policy, systematically downgrading and discriminating against the 1.5 million-strong Arab minority.
Sanctions against the South African apartheid regime between 1960 and 1990 have once successfully forced it to give up its unacceptable racist policy which had denied the majority black population their basic civil and human rights. Black people were deported from their homes, their lands were distributed to the privilged white class. Blacks were restricted in their freedom of movement and forced to life in separated areas (so-called "Bantustans"). Black people had no access to education or politics and were left to do the lower cheap labour. Health services, education, housing, electricity, sanitation were all exclusively reserved for the white population. Black South Africans were systematically segregated from white South Africans and brutally oppressed.
The similiarities between the South African apartheid and the Israel policy are striking. We see the same things going on in Palestine, were the arab population is being deprived of basic human rights, has less access to water, education and sanitation. Palestinians are also doomed to live in enclaves, their villages hermetically cut off from the outside world, their lands are divided by an illegal separation wall.
The difference is that Israel, though acting even more brutal and blatant - still enjoys the full moral, financial and military support of the major world powers and is even praised as being "the only democracy in the middle east".
It took the UN nearly 25 years to finally call for sanctions against South Africa.

The Israeli occupation has been going on for nearly 50 years. It is time to end this enormous injustice. To give the Palestinian people their right to return. It is time for the world to become aware of the fact that Israel is demolishing Palestinian homes with complete impunity. It is time for the world to react to the inhumane collective punishment that is taking place on a daily basis in the West Bank and the Gaza strip, to rise up against the illegal settlements on occupied territory and the brutal oppression of palestinian political oppostion by imposing economic sanctions now.

--
[1]
The disrespect for human life is exemplified in the legendary words of M. Albright, former U.S. ambassador to the U.N., during an Interview on May 12, 1996 with Lesley Stahl on "60 minutes" that later made him win the Emmy Award:
Lesley Stahl: "We have heard that half a million children have died. I mean, that's more children than died in Hiroshima. And, you know, is the price worth it?" M. Albright: "I think this is a very hard choice, but the price - we think the price is worth it."

the world must react to Israel's constant violations
of international law

speaking with a forked tongue

10/11/2014

What it takes to win a nobel peace prize

On Friday, November 10th, the Nobel Peace Prize was awarded jointly to the highly praised "Pakistani child education activist" Malala Y. (17), the youngest ever to recieve this medal and to Kailash Satyarthi from India.

According to the Norwegian Nobel Committee, Malala was honoured for her "heroic struggle" for education. This rather sounds like a political move and strategic calculation. Nobody can really tell what this girl has actually done to improve the situation of children. Furthermore, this move distracts attention from the illgal U.S. drone strikes in Northern Pakistan, the actual reason for the children's lack of education.
This is not ment to criticise the poor kid Malala, that is being exploited and hyped for doubtful reasons by her father, think-tanks and the media alike. But rather, this critique is addressed at those folks who are laureating and applauding the very same kind of girl which they are oppressing at the same time in their own countries. Muslim girls like Malala are barred from access to education and public service in many major European countries merely for wearing a headscarf. These prohibitions have even expressly been blessed by the "European Court of Human Rights" in the case Sahin v. Turkey [1]. It is an irony that European countries honour a "hijabi" Muslim girl for her fight for education, while they themselves at the same time restrict muslim womens access to education. Headscarved women are forbidden to enter schools, universities and to pursue their profession in public service. They are regularily discriminated against by state institutions and forced to either give up their faith or their career. Muslim women who insist on not to compromise on their religion have been outlawed inter alia from the teaching profession, police service and many judicial services. Muslim women who wear the headscarves do not enjoy the support of their respective governments in countries like France, Germany, Switzerland, Austria, Belgium or the Netherlands. But a muslim hijabi girl that criticises the alledged lack of girls access to education in countries like Pakistan is being honoured and praised. The headscarved has been turned into a highly political controversy all over Europe for reasons of social security, being labelled a danger to public order and security and even a threat to peace at schools [2]. Apparently, however, it does not disqualify Malala from being awarded a "Peace" Prize. This is sheer hypocricy - or as the Native American Indian would say: White man speaks with a forked tongue.

What does it take nowadays to win the Nobel Peace Prize? Officially, recipients are awarded for "outstanding contributions in peace". The meaning of this claim makes only sense if one understands the term "peace" in the Orwellian sense as "War is Peace". The Nobel Peace Prize has been turned into a mockery by being awarded to Barack Obama, Henry Kissinger or recently even the European Union. Laureates further include Shimon Peres, President of Israel from 2007 to 2014, during whose term in office three major massacres have been committed against the Palestinian people (2009, 2012, 2014). Recipients further include Jimmy Carter, Menachem Begin or the infamous climate hysteric Al Gore.

A reasonable muslim would not want to be part of this "hall of shame".

--
[1] Application no. 44774/98, Judgment, June 29, 2004; See further the case S.A.S. v France, Application no. 43835/11, Judgment, July 1, 2014; cf. Carolyn Evans, The "Islamic Scarf" in the European Court of Human Rights, Melbourne Journal of Int'l Law 7 (2006), accessible online.
[2] E.g.: German Constitutional Court, Judgment, September 24, 2003, 2 BvR 1439/02; France: Loi sur les signes religieux dans les écoles publiques créant l'article L 141-5-1 du code de L'éducation (2004).

Power vs International law

9/23/2014

"Subsequent Approval" as a new Category? No legal Basis for the Strikes in Syria

Increasingly, the concept of international law, to create binding mechanisms for the states in order "to promote the establishment and maintenance of international peace" (Article 26 UN Charter), is losing its legitimacy. The very existence of international law is existentially reliant on each nation's respect for the Charter and pledge to abide by its rules. However, it ended up at the whims of the most powerful armies in the world.

The recent grave violaten once again occured at the hands of the United States of America, together with a dubious "coalition of the willing" in the form of air strikes against Syria. This is without doubt a breach of peace, un anlawful use of force and a violation of Syria's sovereignty. This time, President Obama has not even made an attempt to construe a justification for the violation under international law. Instead, it was declared afterwards that Syria had expressed "subsequent approval" of the attacks. While a number of justifications have been created outside of the actual scope of the UN Charter, such as the concept of "humanitarian interventions", "interventions on invitation" or "pre-emptive self-defence" - all of whom lack legal basis in the Charter and in the Customary international law - the concept of "subsequent approval" is unprecedented. In fact, the credibility of international law is increasingly shaking, with such opportunistic newly-created justification attempts being made by powerful nations. International law does not contain the concept of "subsequent approval" in order to justify unlawful use of force and intervention. Unless there is either a mandate of the Security Council, the clear and credible consent of the affected state or a reason to invoke the right to self-defence according to Article 51 UN Charter, the use of force remains illegal under international law. It is as simple as that.

#notinmyname ...

9/22/2014

... and not in the name of the Prophet Muhammad (sws) are the actions committed by brutal mercinaries from all over the world under the banner of Isis. After several muslim clerics have denounced the Isis, muslim youth join in to defend Islam, the religion of peace and harmony, and the only deen accepted in front of Allah, against the abuse by extremists. Surprisingly, while muslim clerics who have been denouncing Isis, its cold blood murders and oppression of minorities, from the very beginning have rarely made it into mainstream-media, the British muslim youth behind the hashtag #notinmyname have received worldwide international media attention.

http://www.activechangefoundation.org/portfolio-item/notinmyname/

May this effort help in the struggle against any kind of hatred, intolerance and tyranny and contribute to representing the true nature of Islam, a religion of peace and justice.

The massacre of Shujaiya

8/30/2014

"A hell of a pin-point operation"

An investigative article from Al Jazeera reveals the extent of Israel's destructive operation in Shujaiya on July 20, which has sparked public outcry and was met with heavy criticism. During this massacre a huge number of civilians have been slaughtered. Kerry called this military action "a hell of a pinpoint operation" on a live microphone on Fox News.

Read "Why Israel’s bombardment of Gaza neighborhood left US officers ‘stunned’" and the subsequent comment of Jon Heller.