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All Outputs (27)

Re-colonisation of Jammu and Kashmir and the Right to Self-determination (2022)
Journal Article
Shah, N. A. (2022). Re-colonisation of Jammu and Kashmir and the Right to Self-determination. International Human Rights Law Review, https://doi.org/10.1163/22131035-11020005

On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the... Read More about Re-colonisation of Jammu and Kashmir and the Right to Self-determination.

The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan (2022)
Journal Article
Shah, N. A. (2022). The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan. Human rights quarterly, 44(2), 257-285. https://doi.org/10.1353/hrq.2022.0020

I argue that Islamic law treats ratified human rights treaties as part of the law of the land and as directly applicable in courts in Muslim states such as Pakistan where Sharia is the main source of law. The Islamic approach is the better and more e... Read More about The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan.

The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan (2020)
Book Chapter
Shah, N. (2020). The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan. In The Asian Yearbook of Human Rights and Humanitarian Law. Brill Academic Publishers. https://doi.org/10.1163/9789004431768

I argue that the UN Charter allows the use of force against non-state actors if their attacks meet the ‘armed attack’ threshold and the host state is ‘unwilling or unable’ to take effective measures. The proposed six point criteria; informed by the i... Read More about The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan.

Defining Terrorism in Pakistani Anti-Terrorism Law (2018)
Journal Article
Iqbal, K., & Shah, N. A. (2018). Defining Terrorism in Pakistani Anti-Terrorism Law. Global journal of comparative law, 7(2), 272-302. https://doi.org/10.1163/2211906X-00702003

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. We conclude that the defi... Read More about Defining Terrorism in Pakistani Anti-Terrorism Law.

Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand (2018)
Book
Shah, N. (2018). Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand. London: Commonwealth Secretariat. https://doi.org/10.14217/58032f52-en

This resource book aims both to deepen understanding of the varying forms of VAWG and to raise awareness of the important role that the judiciary can play in tackling them. It is designed to be used by judicial offcers and other professionals as a pr... Read More about Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand.

Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan (2017)
Journal Article
Iqbāl, K. A., & Shah, N. (2017). Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan. Australian journal of Asian law, 18(1),

The article explores the relationship between civil disputes and private crimes in two districts of Khyber Pakhtunkhwa, which is a hard hit area by terrorism and the war on terror. This article investigates if and why civil injustice may lead people... Read More about Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan.

Charlie Hebdo : testing the limits of freedom of expression (2017)
Journal Article
Shah, N. A. (2017). Charlie Hebdo : testing the limits of freedom of expression. Muslim World Journal of Human Rights, 14(1), 83-111. https://doi.org/10.1515/mwjhr-2017-0007

The right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Mu... Read More about Charlie Hebdo : testing the limits of freedom of expression.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

The Islamic law of Qital and the law of armed conflict: a comparison (2016)
Book Chapter
Shah, N. A. (2016). The Islamic law of Qital and the law of armed conflict: a comparison. In R. P. Barnidge, Jr. (Ed.), The Liberal Way of War: Legal Perspectives (213-238). London: Routledge. https://doi.org/10.4324/9781315556147

Although the origin and history of the Islamic law of qital, that is, the Islamic jus in bello, and the law of armed conflict are different, both of these bodies of law share the ultimate aim and objective of minimising unnecessary human suffering.1... Read More about The Islamic law of Qital and the law of armed conflict: a comparison.

Islamic law (2015)
Book Chapter
Shah, N. A. (2015). Islamic law. In Encyclopedia of Public Administration and Public Policy, Third Edition (1-9). https://doi.org/10.1081/e-epap3-120051214

Abstract Islamic legal system is one of the major legal systems in the world. It is a time-tested system based on over centuries of evolution. But it does not mean that it is a perfect system. Like any other legal system, it has weaknesses, strengths... Read More about Islamic law.

The 2006 Women Protection Act of Pakistan: An analysis (2014)
Book Chapter
Shah, N. A. (2014). The 2006 Women Protection Act of Pakistan: An analysis. In M. A. Baderin (Ed.), Islamic Law in Practice Volume III (428-438). London: Routledge. https://doi.org/10.4324/9781315251738

© 2014 Mashood A. Baderin. This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in... Read More about The 2006 Women Protection Act of Pakistan: An analysis.

The use of force under Islamic law (2013)
Journal Article
Shah, N. A. (2013). The use of force under Islamic law. European Journal of International Law, 24(1), 343-365. https://doi.org/10.1093/ejil/cht013

This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jiha... Read More about The use of force under Islamic law.

Islamic law and the law of armed conflict: The armed conflict in Pakistan (2011)
Book
Shah, N. A. (2011). Islamic law and the law of armed conflict: The armed conflict in Pakistan. Abingdon: Routledge. https://doi.org/10.4324/9780203830772

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A... Read More about Islamic law and the law of armed conflict: The armed conflict in Pakistan.

War crimes in the armed conflict in Pakistan (2010)
Journal Article
Shah, N. A. (2010). War crimes in the armed conflict in Pakistan. Studies in Conflict and Terrorism, 33(4), 283-306. https://doi.org/10.1080/10576100903582535

This article argues that an internal armed conflict exists in Pakistan and the law of armed conflict together with human rights law applies to it. It is further argued that both the security forces of Pakistan and the Pakistani Taliban have and will... Read More about War crimes in the armed conflict in Pakistan.

Comment The 2006 Women Protection Act of Pakistan: An Analysis (2010)
Journal Article
Shah, N. A. (2010). Comment The 2006 Women Protection Act of Pakistan: An Analysis. Religion and human rights, 5(1), 1-10. https://doi.org/10.1163/187103210x513620

This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in 2006 has remedied the situa... Read More about Comment The 2006 Women Protection Act of Pakistan: An Analysis.

The rule of law in Pakistan (2009)
Journal Article
Shah, N. A. (2009). The rule of law in Pakistan. Public administration, 20(3), 187-193

Self Defense in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq (2008)
Book
Shah, N. (2008). Self Defense in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq. New York: Palgrave Macmillan. https://doi.org/10.1057/9780230611658

The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.

Self-defense in Islamic and international law: Assessing Al-Qaeda and the invasion of Iraq (2008)
Book
Shah, N. A. (2008). Self-defense in Islamic and international law: Assessing Al-Qaeda and the invasion of Iraq. New York: Palgrave Macmillan. https://doi.org/10.1057/9780230611658

© Niaz A. Shah, 2008. All rights reserved. The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does mee... Read More about Self-defense in Islamic and international law: Assessing Al-Qaeda and the invasion of Iraq.