This paper explores why that incompatibility between Islam and international criminal law persists and considers recommendations for mitigating that dynamic. Why is this important? Primarily because the Western-influenced international criminal law apparatus and the Muslim world are likely to collide more often in the future. If a war crimes tribunal is established in Afghanistan, or if the trial of Syrian agents for the assassination of Lebanon’s former prime minister goes forward, it is imperative that Islamic societies touched by those processes feel a sense of “buy-in” or participation that is meaningful for them. Otherwise, it becomes the same old story of Western domination over conflicting Muslim interests, and that story only breeds more resentment and even hatred.
Michael J. Kelly, Islam & International Criminal Law: A Brief (In) Compatibility Study, Pace Int’l L. Rev. Online Companion, March 2010, at 1.