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What makes someone qualified to rule? One way to answer this question might be to approach it from the Islamic perspective, that is, by considering the criteria required for someone to become a mujāthid, a person accepted as an authority in Islamic law. The criteria include knowledge of the Shārīe‘ā essential objectives – ‘religion, life, [...]

The US prides itself on being a nation built on freedom, justice, and individual rights. And yet the evolution of its system of mass incarceration — a system that cannot be defined without reference to shocking racial disparities — seems to directly contradict these founding principles. The US prison population dwarfs those of nearly every other [...]

The International Court of Justice (ICJ) issued an order on Thursday imposing additional emergency provisional measures Israel must follow in South Africa’s genocide case against the country. The order comes after South Africa requested additional measures in light of the worsening humanitarian crisis in Gaza, a request that Israel asked the court to deny. The [...]

The Thai House of Representatives approved Wednesday an equal marriage bill, with 400 favouring votes out of 415 members of the house. The bill still requires approval from the Senate and endorsement from the king. If the Senate and the king approve the legislation, Thailand will become the third Asian country/region that recognises same-sex marriage, after [...]

The UN Security Council passed a resolution on Monday demanding an “immediate ceasefire” in Gaza for the Muslim holy month of Ramadan. In addition to calling for a ceasefire, the resolution demands the “immediate and unconditional” release of hostages and a dramatic increase in humanitarian aid to Gaza. It emphasizes that all parties must follow [...]

The path toward gender equality is rife with hurdles at every turn, and despite significant progress over the years, setbacks often accompany our victories. The Surrogacy (Regulation) Act of 2021 (hereinafter referred to as the ‘SRA’) permits married couples and divorced or widowed women aged 35 to 45 years to utilize surrogacy for having children. [...]

The Supreme Court of Israel stopped a government plan to send a group of Palestinian patients to Gaza. The group, mostly cancer patients, will now be able to stay in East Jerusalem and Tel Aviv because of the Wednesday decision. Physicians for Human Rights—Israel (PHRI), a human rights advocacy group, filed a request with the [...]

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal (1950) (Principle [...]

The ongoing conflict engulfing Israel and Palestine continues to raise significant issues of international law and policy. My earlier contribution focused on the jurisdiction and substantive law of the International Criminal Court (ICC). Here I address the ongoing litigation before the International Court of Justice (ICJ or Court). Because the crime of genocide can be [...]

Dr. Asaf Lubin, an Associate Professor of Law at Indiana University Maurer School of Law, brings extensive expertise in international law, cybersecurity, and information warfare. With affiliations at Harvard University’s Berkman Klein Center for Internet and Society, Yale Law School’s Information Society Project, and the Hebrew University of Jerusalem’s Federmann Cyber Security Research Center, he [...]