Prof. Badreddin Abdallah Hassan Hamad
Professor of Public International Law
Faculty of Laws and Judicial Studies, Department of Systems
Islamic University, Al-Madinah Al Munawarah, KSA

Abstract:

This research paper aims to study the problem of codifying the rules of International Health Law (IHL) in the ancient, medieval, modern, and contemporary eras, especially after the spread of the new Coronavirus (Covid-19). It also aims to clarify what is meant by codifying the rules of IHL, and to reveal the reasons, justifications and motives for codifying IHL as a separate branch of Public International Law and to clarify the topics of IHL. To this end, the research was divided into four parts. The first part deals with the definition of legalization and codification in general, and what is meant by the legalization of IHL in particular. The second part presents definitions of IHL, its topics and characteristics. The third part examines the historical roots of the emergence, codification and development of the rules of IHL, in which explanations are found for distinguished and effective contributions of Islamic legal provisions, Islamic jurisprudence and Muslim scholars in the process of development of the rules, provisions and systems of IHL. The fourth part deals with the emergence of The United Nations and the World Health Organization (WHO), and the development of codification of IHL in our time.
The research concludes with a set of results, the most prominent of which is that there is an urgent need to codify the IHL for its importance officially, through academic associations and institutions, or with the diligence of professors, commentators, and jurists of International Law, and that the actual beginning of the development of the rules of IHL in AD 1851 happened during the first health conference in Paris. The research recorded that the Charter of the United Nations laid the general foundations for international cooperation in all fields, including the health field. It added that the establishment of WHO, one of the specialized agencies of the United Nations which specializes in the field of health, helped a lot in developing the rules of IHL. But the research indicates that this is not enough, and that there is an urgent need to legalize it, especially after millions of people have died due to infections with the emerging Coronavirus (Covid-19).
The research recommended working on highlighting the role and contributions of Muslim scholars and jurists in the field of developing and codifying the rules of international law in general and IHL in particular, and the need to pay attention to codifying the rules of IHL because of its importance and the urgent need for its application at the present time.

Keywords: legalization, epidemics, pandemics, the United Nations, the World Health Organization, the Coronavirus, Islamic jurisprudence, Muslim medical scientists.

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