Synergy in Action: IHL and Islamic Law for Humanitarian Outcomes

Held at the Palais des Nations, the event brought together representatives from Geneva-based permanent missions, UN officials, humanitarian practitioners, academics, students, and policymakers for an engaging and impactful dialogue. 

The event was moderated by H.E. Mr. David Fernández Puyana, Ambassador and Permanent Observer of the University for Peace to the UN Office in Geneva and Vienna. He highlighted that international humanitarian law (IHL) affords protection to people and property in armed conflict. He emphasized that violations of IHL have devastating consequences, impacting individuals, families, communities, cities, and sometimes entire regions, as well as global security in our deeply interconnected world. He further explained that the event aimed to identify opportunities for partnerships with international organizations and institutions, while also analyzing the connections between peacebuilding, dialogue, cooperation, and IHL.

Ms Eva Svoboda, Director for International Law, Policy and Archives at the ICRC, delivered the Welcome Remarks. She emphasized the ICRC's commitment to engaging in dialogue with all parties to armed conflict and with all relevant sources of influence to help alleviate human suffering.

Speaking in a video message, UNHCR Assistant High Commissioner for Protection Ruvendrini Menikdiwela warned that violations of IHL are taking a devastating toll on civilians and are among the main drivers of forced displacement. She said the gap between legal obligations and realities on the ground is widening, stressing that respect for IHL is inseparable from refugee protection. Referring to the 75th anniversary of the 1951 Convention relating to the Status of Refugees and the 65th anniversary of the 1961 Convention on the Reduction of Statelessness, she called for stronger implementation of existing commitments.

H.E. Mr. Hichem Bayoudh, Ambassador and Permanent Observer of the League of Arab States to the UN Office in Geneva, explained that The League of Arab States (LAS) has demonstrated a longstanding commitment to IHL through sustained institutional cooperation with the ICRC, including regional mechanisms, national IHL committees, and capacity-building initiatives across the Arab world. At the same time, LAS emphasizes that the convergence between IHL and Islamic law makes this commitment more than a legal obligation: it is rooted in shared moral and religious principles. By highlighting that core humanitarian norms are deeply embedded in Islamic legal tradition, compliance with IHL becomes not only a matter of international responsibility, but also one of conviction and faith. 

H.E. Mr. Muhammad Saeed Sarwar, Ambassador and Permanent Observer of the OIC to the UN Office in Geneva affirms that commitment of The Organization of Islamic Cooperation (OIC) to IHL is grounded not only in contemporary international legal and normative frameworks but also in the enduring principles of Islamic law enshrined fourteen centuries ago. By underscoring that the protection of civilians, restraint in hostilities, and preservation of human dignity are central tenets of Islamic jurisprudence, the OIC highlights that adherence to IHL constitutes both an international responsibility and a conviction rooted in faith. This principled position is further reinforced by the OIC’s longstanding cooperation with the ICRC.

Dr. Ahmed Al-Dawoody, Legal Adviser for Islamic Law and Jurisprudence at the ICRC, points out that the ICRC has stressed the importance of engaging with different legal systems, cultures, religions and traditions, and finding synergies between them and the core principles of IHL. He noted that Islamic law developed rules aiming to regulate the use of force by Muslims and to alleviate the suffering of people affected by armed conflict. In his conclusion, he underscored that coordinated efforts to uphold these shared humanitarian principles are essential for safeguarding human dignity and alleviating suffering. 

Dr. Morris Tidball Binz, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, explained that his experience in planning and carrying out forensic case work to search for, recover and identify the dead from armed conflicts in numerous Muslim countries leaves him without doubt about the confluence of Islamic law and IHL with regards to the care and dignity owed to deceased persons and their remains. Respectful and empathic dialogue on this sensitive subject with religious scholars and authorities, including Imams and Muftis, has in his practice always resulted in synergy in action for ensuring the proper handling of the dead while fulfilling the requirements of forensic best practice. This also proved invaluable during the COVID-19 pandemic for issuing practical guidance for handling the dead for Islamic burials. 

Dr. Annyssa Bellal, Executive Director, Geneva Peacebuilding Platform, pointed out to the correlation between respect for IHL and peacebuilding. At time where IHL suffers serious violations, searching for common grounds to ensure respect for IHL by both State and non-State armed actors is essential. As most contemporary armed conflicts are non-international armed conflicts, her focus was on previous research and dialogue with Islamic non-State armed actors on the intersections between IHL and Islamic law. She emphasized that compliance with IHL remains a challenge, partly due to the permissive interpretation of the law.

The panellists agreed that achieving humanitarian outcomes necessitates partnership with local, regional and international organizations/institutions, academia, research institutions, independent scholars, religious leaders, and front-line negotiators and others.