Profile of Invited Expert “Badar”

Profile

Full Name

Mohamed Elewa Badar, LLB, LLM, PHD, FHEA

Position

Professor of Comparative and International Criminal Law & Islamic Law

Organization

Northumbria University School of Law

URL

https://www.northumbria.ac.uk/about-us/our-staff/b/mohamed-badar/

Biography

Mohamed Elewa Badar is Professor of Comparative and ICL and Islamic Law at Northumbria University School of Law, Newcastle, UK. He is the Legal Consultant for Mr. Al Hassan's Defence Team, before the ICC; Regional Liaison Officer for the Middle East and North Africa, International Bar Association War Crimes Committee; Legal Consultant for UNODC Global Maritime Crimes Programme, the overall goal of which is enhancing law enforcement responses to transnational organized crime at sea throughout the criminal justice chain; Expert for EuroMed Justice Project IV (2017-2019) where he co-authored the Handbook on International Cooperation in Criminal Matters in the Southern Partner Countries (SPCs); Expert for EUROJUST (2021- May 2022) where he drafted, together with other experts, a Guidelines for Bilateral Agreement(s) on judicial cooperation in criminal matters between SPCs and EU member states. He participated in the UNITAD Capacity Building for Iraqi Judges where he delivered lectures on ICL and Islamic Law here and here. He previously served as Senior Prosecutor and Judge in Egypt (1997-2006), senior police investigator (1991-1997). He served as legal investigator for the Bahrain Independent Commission of Inquiry and participated in the judicial reform in Afghanistan (2004-2005) upon a request from late Prof. M. Cherif Bassiouni and Judge Hatem Fouad Aly, currently UNODC's representative for the Gulf Region.

Prof Badar is the author of The Concept of Mens Rea in International Criminal Law (Oxford: Hart, 2013/2015) and Islamist Militants and the Their Challenges to Sharia and ICL (forthcoming, 2023). He is the Co-Editor of the Arabic Commentary on the Law of the ICC (Lexsitus-CLICC commentary – to be available at https://cilrap-lexsitus.org/clicc by November 2022). He has published 55 articles and chapters extensively on issues related to ICL and Islamic law, and his work has been cited by international and national criminal courts. Prof Badar is member of the editorial board and reviewer for the International Criminal Law Review, the International Human Rights Law Review, the Asian Yearbook of Human Rights and Humanitarian Law and the International University of Sarajevo Law Journal and the founder of Northumbria Law School LLM in International Criminal Law & Practice to start in Sep. 2023.

Selected Citations to Published Materials

Mohamed Elewa Badar & Polona Florijančič, Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred Against International and Regional Human Rights Instruments, 39 NJHR 481 (2021), available online, doi.
Mohamed Elewa Badar, The Self-declared Islamic State (Da‘esh) and Ius ad Bellum Under Islamic International Law, 1 Asian Y.B. Hum. Rts. & Humanitarian L. 35 (2017), available online, doi.
Mohamed Elewa Badar, Ius in Bello under Islamic International Law, 13 Int’l Crim. L. Rev. 593 (2013), paywall, archived.
Mohamed Elewa Badar, ElSayed M. A. Amin & Noelle Higgins, The International Criminal Court and the Nigerian Crisis: An Inquiry into the Boko Haram Ideology and Practices from an Islamic Law Perspective, 3 Int’l Hum. Rts. L. Rev. 29 (Jun. 15, 2014), paywall, archived, doi.
Mohamed Elewa Badar, Is There a Place for Islamic Law Within the Applicable Law of the International Criminal Court?, in Islam and International Criminal Law and Justice, 2 Nuremberg Academy Series 201 (Tallyn Gray ed., 2018), available online.

History

Member for: 1 year 46 weeks

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michelleg30: Transitional Justice as an Alternative to Prosecution in the Israel–Palestine Conflict I. Introduction War is not “pareto optimal.”1 According to the “bargaining theory of war,” a sustainable peace agreement is more beneficial to both sides than continued conflict.2 Transitional justice, the “processes and mechanisms associated with a society’s attempt to come to terms with a legacy of... (more)
huangz2024: The Matter of Statehood on the Palestine Issue I. Introduction In 2021, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) received a request from the Prosecutor related to territorial jurisdiction over Palestine and issued its response and decision to the request. The main conclusion of the decision was to extend the jurisdiction to “the territories occupied by Israel since 1967, namely Gaza and the West Bank,... (more)
Katharina Schapfeld: Preventing Genocide: What Are the Duties of State Parties Under the Convention on the Prevention and Punishment of the Crime of Genocide and How Could They Be Fulfilled in the Current Situation? I. Introduction “There can be no more important issue, no more binding obligation, than the prevention of genocide.”1 The year 2023 doesn’t only mark the 75th anniversary of the... (more)
freyaschmidt: How Can Israel Ensure Proportionality in its Response to Hamas’ Attacks? I. Introduction With Hamas’ attack on Israel on October 7, 2023, the situation that has been smoldering for decades has entered the next round. It is accompanied by countless legal questions that revolve around the legal classification of Palestine and thus the admissibility of the International Criminal Court (ICC) and the role of international (... (more)
Jordan Murphy: The Claim of Genocide Filed Against Israel: The Elements of a Genocide Charge and its Application to the Situation in Palestine Speaking on the claim of genocide filed against Israel at the International Criminal Court (ICC) in November 2023, Palestine representative Gilles Devers asserted that the requisite criteria having been established in Gaza is not an opinion but “a reality of law.”1 Such a claim is a strong one: only two cases have... (more)
AA375: The Israel/Hamas Situation Through the Lens of the ICC Introduction The International Criminal Court (ICC) was established to investigate, prosecute, and try individuals for the most serious crimes, namely the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.1 The ICC has a responsibility to tackle situations of high gravity affecting the interests of the international community... (more)
Pilgrim: Palestinian Statehood Under the Montevideo Convention: An Unconventional Approach I. Introduction For the International Criminal Court (ICC) to have jurisdiction over the situation in Gaza and Israel after the Hamas terror attacks of October 7, 2023, Palestine must be a State.1 The Montevideo Convention on the Rights and Duties of States (Montevideo Convention) provides a four-element test for Statehood.2 To be a State under... (more)
Kellan Grant: I. Introduction On October 7, 2023, a widespread surprise attack on Israel was launched by Hamas leaders, commanders, and militants in which they invaded Israeli towns from the Gaza Strip. Since then, an ongoing conflict between Israel and Hamas has ensued. Devastatingly, many civilians in both Israel and the Palestine area have lost their lives as a result. Since October 7, 2023, there have been numerous assertions made that various crimes are being,... (more)
Joan Komolafe: What is the Threshold of the Right to Defend Oneself? An Analysis of the Current Israeli–Palestine Conflict, Under the Legal Definitions of the Rome Statute I. Abstract Few hostilities have consumed the international psyche and caused as much polarization as the Israel and Palestine conflict. In particular, the intensification of violence between Israel and Gaza in October of 2023 has caused a global re-examination of... (more)
MelissaHernandez: The October 7th attacks launched what appears to be one of the worst humanitarian crises in the last decades. With more than 1,200 deaths in Israel, mostly civilians, killed in a single day, and about 240 hostages, this day is being characterized as “the deadliest day for Jews since the holocaust.”1 On the other hand, the Hamas attack triggered an Israeli response that has resulted in more than 11,000 deaths in Gaza, which would surpass the total number of... (more)
msperling: Palestine at the International Criminal Court: Overzealous Jurisdiction Preventing Peacemaking Introduction On October 7, 2023, fighters affiliated with the Hamas government of the Gaza Strip attacked Israel, raping, torturing, and kidnapping Israeli men, women, and children. Around 1200 people, a vast majority of whom were civilians, were killed, and 240 were taken hostage. More than 130 of the hostages are still in captivity or have since been... (more)