Liability for the Crime of Aggression Between the Provisions of Islamic Law and International Criminal Law

Abstract

Islam has established special principles that define the relationship between the State of Islam and the State of War, the provisions of foreigners and the rules of combat (war). However, the theory of international criminal liability in international criminal law has been affected by the factors of its development according to political and economic circumstances.

This research consolidates the issue of liability for aggression, in light of the provisions of Islamic law, known as the theory of guarantee, through an investigation and collection of texts (the Qur’an; the Sunnah), and Islamic history. To analyze and compare it with what has been applied in international criminal law, through the principles of international criminal liability for the crime of aggression.