Protecting Religious Integrity through Law and Policy.

It is challenging to ignore the anger in the Islamic world at the Swedish national's disrespectful act, especially amid the pleasant occasions of Eid and Hajj. There is always a period of creative problem-solving after such atrocities happen in a Western country. Here are a few recommendations for Muslim countries. They should first file and launch a lawsuit against the accused in Sweden, using Swedish laws as well as international commitments and guarantees provided by the Swedish constitution as well as laws that protect the right to respect other religions and cultures. This should be done with the assistance of Muslims and like-minded citizens who reside in Sweden.

Second, they should launch an aggressive campaign to have the act of disrespecting and blaspheming any religious sentiments classified as a war crime and a crime against humanity under the Rome Statutes, particularly the clause that it amounts to mental harm and the definition of a crime against humanity as stated in Article 7 in sub-section k.:

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to the body or to mental or physical health.[1]

It is the duty of academics to investigate and promote the reasons why this is a crime in Islamic countries, and countries like Pakistan and other Muslim nations should sign a bilateral agreement with Muslims and non-Muslim countries through lobbying efforts so that anyone who commits this crime anywhere will be held accountable no matter where they are.

It is disingenuous to discuss this topic under the guise of human rights law because the stronger rights might overcome the weaker rights and the jurisdiction of human rights is very evasive. Well, the extensive body of law developed by the international human rights regime established in accordance with the UN human rights mandates and procedures always leaves room to establish a crime.

The Muslim States should also launch a widespread campaign to comprehend Western culture, conduct in-depth cultural research to determine why these incidents occur in the West, and work to dispel misconceptions about Islam through appropriate awareness and education to establish the sanctity of crime.

The solidarity of the West against Russia, which is waging this war on all fronts at once, is a lesson that Muslim nations should take note of. The West has filed a joint petition with the International Court of Justice alleging that Russia has committed war crimes.[2]

In contrast to Western solidarity against Russia, the OIC and Muslim States did not openly persuade Myanmar to stop the genocide against the Rohingya Muslims. Instead, they supported the Rohingya Muslims in the ICJ and requested the Gambia to suit Myanmar. Ending the discrimination against Rohingya Muslims requires a successful resolution to this lawsuit as well as a call for greater cooperation and solidarity across Muslim nations.

“The Gambia took the case against Myanmar to the ICJ in November 2019, with the backing of the 57-member Organisation for Islamic Cooperation, after a brutal military crackdown in the northwestern state of Rakhine forced hundreds of thousands of?Rohingya to flee?into neighbouring Bangladesh.”[3]

As the Holy Quran begins with the words "Praise to the Lord who is Lord of the Universe," it is clear that it is more than just a book for Muslims. As a result, burning this book is disrespectful not only to Muslims but also it is detrimental to the Right to education, which is guaranteed in every fundamental human rights document.

Muslims believe that this book has been revealed by Allah, who will also protect it, in accordance with the Holy Quran. However, as stated in ICJ Article 38, which stipulates that one of the sources of law is the general principle of law recognized by the civilized States, it is the responsibility of Muslims to likewise preserve the civility of the international rule-based system. Even though it is regarded as a war crime in the Islamic world, these kinds of acts should be addressed delicately and carefully because they breach a standard shared by civilized nations and are deemed to be Jus Cogen.

Muslim countries should strongly push for legislation that would make it a war crime to disparage someone's religious beliefs at the international level. They should also establish bilateral agreements that would formalize this position with other countries. There should be several Law Moots trials and model United Nations simulations held locally to create awareness and heighten the sensitivity to this subject to establish that hurting any religious sentiment should be viewed as a serious crime.

[1] https://www.icc-cpi.int/sites/default/files/Publications/Rome-Statute.pdf

[2] “Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukrain” (Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukrain, June 9, 2023) <https://www.icj-cij.org/case/182>

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[3] Al Jazeera Staff, “ICJ to Rule on Myanmar Objections to Rohingya Genocide Case” (ICJ to rule on Myanmar objections to Rohingya genocide case | Rohingya News | Al Jazeera, July 22, 202222) <https://www.aljazeera.com/news/2022/7/22/icj-to-rule-on-myanmar-objections-to-rohingya-genocide-case>.

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