ABSTRACT

Religions, which pre-date the state as a source of power, seemed to be on the wane with the emergence of modernity, but in today’s world the confl icts surrounding religion, state, human rights, individuals and collectives, and national and international law are as prominent as ever. In a recent analysis of ongoing armed confl icts worldwide, out of 16 major armed confl icts ongoing in 2009, about half were attributable, at least partially, to a religious cause.1 Crucially, since 2001 the confl ict with al-Qaeda could be added to this list. The role of religion in the modern world has, however, been largely overlooked by international lawyers. It is of paramount importance that freedom of religion, and its limitations, be defi ned and protected in a coherent manner by international law.