Mohamed Badar
Biographic Data
| ID | 4428431 |
|---|---|
| NAME | Mohamed Badar |
| GIVEN NAMES | Mohamed |
| FAMILY NAME | Badar |
| SIGNATURE | BADAR M |
| AFFILIATIONS | Northumbria University |
| ORCID | 0000-0003-4964-9188 |
| VERIFIED | Yes |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 27 |
| AUTHOR COUNT | 21 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
Human dignity at crossroads: Navigating Eurocentrism in Sharia punishments in Prosecutor v. Al Hassan
In considering the charges brought against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, the ICC has been forced to address the question of Islamic criminal law. Following the reasoning of the Prosecution, Trial Chamber X considered Sharia punishments mandated by the Islamic court and implemented by the Islamic police to be evidence of the existence of an organizational policy to commit a widespread or systematic attack against a civilian popul…
Laying the Groundwork for Prosecuting Isis for Core International Crimes before an Iraqi Criminal Tribunal 2.0
Thousands of victims, an influx of foreign terrorist fighters, mass displacement, and deep societal divisions define Iraq in the post-ISIS (Da’esh) era. This article endeavours to depict the magnitude of the atrocities committed by ISIS while acknowledging the difficulties and hurdles associated with the successful completion of a transitional justice period. The article advocates for the implementation of core international crimes under the Iraq…
Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred against International and Regional Human Rights Instruments
The rise of political Islam since the 1970s and the lack of a robust political alternative during the Arab Spring have paved the way for the widespread issuance of accusations of unbelief or takfir against individuals, groups of people, or institutions. These pronouncements fit into the broader context of radical Islamist ideologies spread by systematic hate propaganda, and when the two converge they constitute instigation to murder. The need to …
The Prosecutor v. Vojislav Šešelj: A Symptom of the Fragmented International Criminalisation of Hate and Fear Propaganda
In 2016, the icty Trial Chamber found one of the greatest hate and fear propagandists of the Yugoslav wars, Dr Vojislav Šešelj, not guilty on all counts of the indictment. A full comprehension of the role the propaganda played was lost and the partial reversal of the judgment at the Appeals Chamber provided little improvement in this regard. Yet the blame does not solely rest with the Chambers but also with the Prosecution and an utterly fragment…
Assessing incitement to hatred as a crime against humanity of persecution
The main issue this paper aims to tackle is whether incitement to hatred, independently of direct incitement to violence should amount to the actus reus of persecution as a crime against humanity. Before determining whether hate speech can be treated as an international crime, this article assesses theories and current international legal standards in the field of freedom of expression in order to identify the space for such a drastic intrusion i…
Modern Extremist Groups and the Division of the World: A Critique from an Islamic Perspective
Modern extremist groups have revived the use of certain concepts of Islamic dogma and wilfully misinterpreted them as a means of achieving their own ends. Dae‘sh (Islamic State of Iraq and Syria) is the most striking example. They have made declarations of takfir (excommunication) regarding Muslim rulers, maintaining that only Dae‘sh land is a dar al-Islam (abode of Islam) and that other lands are dar al-kufr or harb (abodes of unbelief or war), …
The Radical Application of the Islamist Concept of Takfir
The ideology and actions of certain militant groups in the Middle East are often condemned as a perversion of Islamic precepts. In order to achieve a theologically ideal society, these groups espouse takfirism , a minority ideology that endorses violence, and in particular advocates the killing of other Muslims who are declared to be unbelievers. These groups justify their words and deeds with direct quotations from the Qur’an and the Sunna , whi…
Discussion Interrupted: The Destruction and Protection of Cultural Property under International Law and Islamic Law - the Case of Prosecutor v. Al Mahdi
Al Mahdi was the first case before the International Criminal Court ( icc ), which focused on the destruction of cultural property, and indeed, the first case before an international criminal tribunal which had the destruction of cultural property as the sole charge against a jihadist. This case note first addresses the international legal framework on the protection of cultural property in Section 2. Section 3 then assesses the concept of hisbah…
The Road to Genocide: The Propaganda Machine of the Self-declared Islamic State (is)
In the same manner as the Third Reich, Islamic State ( is ) uses law, terror and propaganda as ‘techniques of governance’ that serve to advance their political aims: securing themselves in power, preparing and waging war, and fostering the idea of an Islamic state. is have successfully used print and radio media systematically for the dissemination of lethal ideas and for the mobilization of the population on a grand scale in order to materialise…
The International Criminal Court and the Nigerian Crisis
Since its foundation in 1999 Boko Haram has carried out numerous acts of violence on the territory of Nigeria constituting gross violations of human rights. The Office of the Prosecutor ( otp ) of the International Criminal Court ( icc ) has been monitoring the violence between Boko Haram and Nigerian armed forces as part of a preliminary investigation. It has stated that the violence between Boko Haram and the armed forces has reached the level …
Ius in Bello under Islamic International Law
In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much interest because of the debate over the question whether the international law, of which Hugo Grotius is often called the father, is so completely Western-European in inspiration and outlook as to ma…
Islamic Law ( Shari'a ) and the Jurisdiction of the International Criminal Court
Although the International Criminal Court (ICC) has been mostly hailed as a victory, Islamic states still regard its application of international criminal-law norms with scepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but, so far, the Court has relied purely upo…
Current Developments at the International Criminal Tribunals (2008)
Th is article covers developments at the international criminal tribunals that occurred in the year 2008. 1 It provides a brief summary of the decisions and developments deemed most relevant by the authors
Islamic Criminal Justice in the 21st Century
Current Developments at the International Criminal Tribunals
This article covers developments at the international criminal tribunals that occurred during the period from January until November 2007
Current Developments at the International riminal Tribunals
This article covers developments at the international criminal tribunals that occurred during the period from January until November 2007
"Just Convict Everyone!" – Joint Perpetration: From Tadić to Stakić and Back Again
On 22 March 2006, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) rendered its Judgment in the Stakić case. One of the issues which the Appeals Chamber addressed propio motu was the mode of liability attributed to the Appellant by the Trial Chamber. In examining the criminal responsibility of Dr. Milomir Stakić for the crimes alleged, the Trial Chamber applied a mode of liability which it termed ‘co-per…
Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
Even though more than a decade has passed since the creation of the International Criminal Tribunal for the Former Yugoslavia, the law of the most fundamental concept in international criminal law – mens rea – remains unsettled. Through its jurisprudence, the Yugoslavia Tribunal has made enormous efforts to assign different degrees of mens rea for different categories of crimes under its Statute. The present study is an attempt to clarify several…
Mens rea – Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals
More than a decade has passed since the establishment of the two ad hoc Tribunals, however, the jurisprudence of both Tribunals evidence the inconsistency regarding the requisite mens rea standards for serious violations of international humanitarian law. Hence, a survey of the attitude taken towards the definition of the major facets of mens rea by the world major legal systems is of great significance with regard to the establishment of a unifi…
Asylum seekers and the European Union: Past, present and future
The fall of Berlin Wall and the collapse of communism have dramatically altered the asylum landscape across the continent to the extent that some observers fear that the basic concept of asylum is in jeopardy. The changing polices of the Union from the Treaty of Maastricht to the Treaty of Amsterdam demonstrates how the interests of the member states have had contradictory demands for the restriction of the flows of refugees and asylum seekers in…
Basic principles governing limitations on individual rights and freedoms in human rights instruments
Individual freedom has to be balanced with the freedom of other individuals and with the reasonable demands of the community. A significant element in the development of international instruments protecting human rights was the movement away from the use of single limitation clauses to the elaboration of specific limitation clauses in each article. The limitation provisions are found in several articles of the Covenants as well as in other region…
Islamic Law ( Shari'a ) and the Jurisdiction of the International Criminal Court
Although the International Criminal Court (ICC) has been mostly hailed as a victory, Islamic states still regard its application of international criminal-law norms with scepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but, so far, the Court has relied purely upo…
"Just Convict Everyone!" – Joint Perpetration: From Tadić to Stakić and Back Again
On 22 March 2006, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) rendered its Judgment in the Stakić case. One of the issues which the Appeals Chamber addressed propio motu was the mode of liability attributed to the Appellant by the Trial Chamber. In examining the criminal responsibility of Dr. Milomir Stakić for the crimes alleged, the Trial Chamber applied a mode of liability which it termed ‘co-per…
Discussion Interrupted: The Destruction and Protection of Cultural Property under International Law and Islamic Law - the Case of Prosecutor v. Al Mahdi
Al Mahdi was the first case before the International Criminal Court ( icc ), which focused on the destruction of cultural property, and indeed, the first case before an international criminal tribunal which had the destruction of cultural property as the sole charge against a jihadist. This case note first addresses the international legal framework on the protection of cultural property in Section 2. Section 3 then assesses the concept of hisbah…
The Road to Genocide: The Propaganda Machine of the Self-declared Islamic State (is)
In the same manner as the Third Reich, Islamic State ( is ) uses law, terror and propaganda as ‘techniques of governance’ that serve to advance their political aims: securing themselves in power, preparing and waging war, and fostering the idea of an Islamic state. is have successfully used print and radio media systematically for the dissemination of lethal ideas and for the mobilization of the population on a grand scale in order to materialise…
Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred against International and Regional Human Rights Instruments
The rise of political Islam since the 1970s and the lack of a robust political alternative during the Arab Spring have paved the way for the widespread issuance of accusations of unbelief or takfir against individuals, groups of people, or institutions. These pronouncements fit into the broader context of radical Islamist ideologies spread by systematic hate propaganda, and when the two converge they constitute instigation to murder. The need to …
Assessing incitement to hatred as a crime against humanity of persecution
The main issue this paper aims to tackle is whether incitement to hatred, independently of direct incitement to violence should amount to the actus reus of persecution as a crime against humanity. Before determining whether hate speech can be treated as an international crime, this article assesses theories and current international legal standards in the field of freedom of expression in order to identify the space for such a drastic intrusion i…
Ius in Bello under Islamic International Law
In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much interest because of the debate over the question whether the international law, of which Hugo Grotius is often called the father, is so completely Western-European in inspiration and outlook as to ma…
Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
Even though more than a decade has passed since the creation of the International Criminal Tribunal for the Former Yugoslavia, the law of the most fundamental concept in international criminal law – mens rea – remains unsettled. Through its jurisprudence, the Yugoslavia Tribunal has made enormous efforts to assign different degrees of mens rea for different categories of crimes under its Statute. The present study is an attempt to clarify several…
Mens rea – Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals
More than a decade has passed since the establishment of the two ad hoc Tribunals, however, the jurisprudence of both Tribunals evidence the inconsistency regarding the requisite mens rea standards for serious violations of international humanitarian law. Hence, a survey of the attitude taken towards the definition of the major facets of mens rea by the world major legal systems is of great significance with regard to the establishment of a unifi…
Basic principles governing limitations on individual rights and freedoms in human rights instruments
Individual freedom has to be balanced with the freedom of other individuals and with the reasonable demands of the community. A significant element in the development of international instruments protecting human rights was the movement away from the use of single limitation clauses to the elaboration of specific limitation clauses in each article. The limitation provisions are found in several articles of the Covenants as well as in other region…
Basic principles governing limitations on individual rights and freedoms in human rights instruments
Individual freedom has to be balanced with the freedom of other individuals and with the reasonable demands of the community. A significant element in the development of international instruments protecting human rights was the movement away from the use of single limitation clauses to the elaboration of specific limitation clauses in each article. The limitation provisions are found in several articles of the Covenants as well as in other region…
Asylum seekers and the European Union: Past, present and future
The fall of Berlin Wall and the collapse of communism have dramatically altered the asylum landscape across the continent to the extent that some observers fear that the basic concept of asylum is in jeopardy. The changing polices of the Union from the Treaty of Maastricht to the Treaty of Amsterdam demonstrates how the interests of the member states have had contradictory demands for the restriction of the flows of refugees and asylum seekers in…
Mens rea – Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals
More than a decade has passed since the establishment of the two ad hoc Tribunals, however, the jurisprudence of both Tribunals evidence the inconsistency regarding the requisite mens rea standards for serious violations of international humanitarian law. Hence, a survey of the attitude taken towards the definition of the major facets of mens rea by the world major legal systems is of great significance with regard to the establishment of a unifi…
"Just Convict Everyone!" – Joint Perpetration: From Tadić to Stakić and Back Again
On 22 March 2006, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) rendered its Judgment in the Stakić case. One of the issues which the Appeals Chamber addressed propio motu was the mode of liability attributed to the Appellant by the Trial Chamber. In examining the criminal responsibility of Dr. Milomir Stakić for the crimes alleged, the Trial Chamber applied a mode of liability which it termed ‘co-per…
Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
Even though more than a decade has passed since the creation of the International Criminal Tribunal for the Former Yugoslavia, the law of the most fundamental concept in international criminal law – mens rea – remains unsettled. Through its jurisprudence, the Yugoslavia Tribunal has made enormous efforts to assign different degrees of mens rea for different categories of crimes under its Statute. The present study is an attempt to clarify several…
Current Developments at the International riminal Tribunals
This article covers developments at the international criminal tribunals that occurred during the period from January until November 2007
Current Developments at the International Criminal Tribunals
This article covers developments at the international criminal tribunals that occurred during the period from January until November 2007
Current Developments at the International Criminal Tribunals (2008)
Th is article covers developments at the international criminal tribunals that occurred in the year 2008. 1 It provides a brief summary of the decisions and developments deemed most relevant by the authors
Islamic Criminal Justice in the 21st Century
Islamic Law ( Shari'a ) and the Jurisdiction of the International Criminal Court
Although the International Criminal Court (ICC) has been mostly hailed as a victory, Islamic states still regard its application of international criminal-law norms with scepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but, so far, the Court has relied purely upo…
Ius in Bello under Islamic International Law
In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much interest because of the debate over the question whether the international law, of which Hugo Grotius is often called the father, is so completely Western-European in inspiration and outlook as to ma…
The International Criminal Court and the Nigerian Crisis
Since its foundation in 1999 Boko Haram has carried out numerous acts of violence on the territory of Nigeria constituting gross violations of human rights. The Office of the Prosecutor ( otp ) of the International Criminal Court ( icc ) has been monitoring the violence between Boko Haram and Nigerian armed forces as part of a preliminary investigation. It has stated that the violence between Boko Haram and the armed forces has reached the level …
The Road to Genocide: The Propaganda Machine of the Self-declared Islamic State (is)
In the same manner as the Third Reich, Islamic State ( is ) uses law, terror and propaganda as ‘techniques of governance’ that serve to advance their political aims: securing themselves in power, preparing and waging war, and fostering the idea of an Islamic state. is have successfully used print and radio media systematically for the dissemination of lethal ideas and for the mobilization of the population on a grand scale in order to materialise…
Modern Extremist Groups and the Division of the World: A Critique from an Islamic Perspective
Modern extremist groups have revived the use of certain concepts of Islamic dogma and wilfully misinterpreted them as a means of achieving their own ends. Dae‘sh (Islamic State of Iraq and Syria) is the most striking example. They have made declarations of takfir (excommunication) regarding Muslim rulers, maintaining that only Dae‘sh land is a dar al-Islam (abode of Islam) and that other lands are dar al-kufr or harb (abodes of unbelief or war), …
The Radical Application of the Islamist Concept of Takfir
The ideology and actions of certain militant groups in the Middle East are often condemned as a perversion of Islamic precepts. In order to achieve a theologically ideal society, these groups espouse takfirism , a minority ideology that endorses violence, and in particular advocates the killing of other Muslims who are declared to be unbelievers. These groups justify their words and deeds with direct quotations from the Qur’an and the Sunna , whi…
Discussion Interrupted: The Destruction and Protection of Cultural Property under International Law and Islamic Law - the Case of Prosecutor v. Al Mahdi
Al Mahdi was the first case before the International Criminal Court ( icc ), which focused on the destruction of cultural property, and indeed, the first case before an international criminal tribunal which had the destruction of cultural property as the sole charge against a jihadist. This case note first addresses the international legal framework on the protection of cultural property in Section 2. Section 3 then assesses the concept of hisbah…
Assessing incitement to hatred as a crime against humanity of persecution
The main issue this paper aims to tackle is whether incitement to hatred, independently of direct incitement to violence should amount to the actus reus of persecution as a crime against humanity. Before determining whether hate speech can be treated as an international crime, this article assesses theories and current international legal standards in the field of freedom of expression in order to identify the space for such a drastic intrusion i…
The Prosecutor v. Vojislav Šešelj: A Symptom of the Fragmented International Criminalisation of Hate and Fear Propaganda
In 2016, the icty Trial Chamber found one of the greatest hate and fear propagandists of the Yugoslav wars, Dr Vojislav Šešelj, not guilty on all counts of the indictment. A full comprehension of the role the propaganda played was lost and the partial reversal of the judgment at the Appeals Chamber provided little improvement in this regard. Yet the blame does not solely rest with the Chambers but also with the Prosecution and an utterly fragment…
Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred against International and Regional Human Rights Instruments
The rise of political Islam since the 1970s and the lack of a robust political alternative during the Arab Spring have paved the way for the widespread issuance of accusations of unbelief or takfir against individuals, groups of people, or institutions. These pronouncements fit into the broader context of radical Islamist ideologies spread by systematic hate propaganda, and when the two converge they constitute instigation to murder. The need to …
Laying the Groundwork for Prosecuting Isis for Core International Crimes before an Iraqi Criminal Tribunal 2.0
Thousands of victims, an influx of foreign terrorist fighters, mass displacement, and deep societal divisions define Iraq in the post-ISIS (Da’esh) era. This article endeavours to depict the magnitude of the atrocities committed by ISIS while acknowledging the difficulties and hurdles associated with the successful completion of a transitional justice period. The article advocates for the implementation of core international crimes under the Iraq…
Human dignity at crossroads: Navigating Eurocentrism in Sharia punishments in Prosecutor v. Al Hassan
In considering the charges brought against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, the ICC has been forced to address the question of Islamic criminal law. Following the reasoning of the Prosecution, Trial Chamber X considered Sharia punishments mandated by the Islamic court and implemented by the Islamic police to be evidence of the existence of an organizational policy to commit a widespread or systematic attack against a civilian popul…
Law (19 works) · Political science (19 works) · Law (17 works) · Sociology (14 works) · International Law and Human Rights (11 works) · Islam (9 works) · Philosophy (9 works) · Philosophy (8 works) · Criminology (7 works) · Politics (6 works)