{"id":468,"date":"2019-03-12T15:44:30","date_gmt":"2019-03-12T15:44:30","guid":{"rendered":""},"modified":"2019-06-07T12:56:29","modified_gmt":"2019-06-07T12:56:29","slug":"isis-international-law-8929","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/free-law-coursework\/isis-international-law-8929.php","title":{"rendered":"Issues of ISIS and International Laws"},"content":{"rendered":"

Assignment<\/strong><\/p>\n

\u201c<\/strong>The
\nIslamic State in Iraq and Greater Syria (also known at ISIL and Da\u2019ash) raises
\nimportant questions of international law. It remains clear that it fails to
\nmeet the international law criteria for statehood but nonetheless is bound by
\nthe obligations of international law.\u201d<\/p>\n

Discuss.<\/strong><\/p>\n

Introduction<\/h2>\n

The main discussion of this essay is resultant from the title of the essay itself, specifically the Legal Situation of the Islamic State in International Law<\/a> – Legitimacy of the Use of Force in self-defence against the Islamic State. A number of subtopics will be addressed, on the essay such as the question of statehood and the hierarchy among the criteria involved. Other underlying research question deals with the onset of rights entitled to a state in accord with (UN Charter articles 2.4 and 51) by a non-state actor.<\/p>\n

The Islamic State in Iraq and Syria<\/h2>\n

The group is formerly known as the
\nIslamic State of Iraq and the Levant (\u2018ISIL and previously by other names,[1]<\/a> conquered swaths of land in Central and Northern Iraq.
\nBuilding on the Sunni dissatisfaction with Iraq\u2019s Shia government and on instability
\nin Syria, ISIS expanded now controls parts of Syria and Lebanon. ISIS militants
\nhave beheaded people on video. [2]<\/a>They have ransacked cities and villages. Also, they have murdered or
\nthreatened to kill everyone who dissents from their opinion of Islam. <\/p>\n

Meanwhile, the chaos in Syria, which began as
\nprotests against the Assad regime in 2011 and escalated to full out civil war
\nby 2014, presented ISIS an opportunity to seize territory across the border.[3]<\/a> 2014
\nISIS established its capital in the captured Syrian city of Al-Raqqah and
\nchanged the group\u2019s name up till now again to the Islamic State of Iraq and Syria.[4]<\/a> Soon
\nafterward, ISIS seized nearby Syrian oil wells and refineries, providing it with
\nhuge financial resources.[5]<\/a>
\nISIS then turned its sights on (Mosul), the second-largest town in Iraq, which
\nfell to ISIS in (2014).[6]<\/a> Following
\nthis, ISIS had access to hundreds of millions of dollars from banks, as well as
\ntanks and arms that it taken from the Iraqi military which escaped Mosul city with
\nalmost no fight.[7]<\/a> With
\nthese vast financial and military resources, ISIS started to capture town after
\ntown in Iraq and Syria with effortlessness. <\/p>\n

Hereinafter ISIS, is attracting attention
\nfrom the international community. They have carried out operations in the name
\nof this organisation as well as closely affiliated names for roughly a decade,
\nprimarily from Iraq and Syria. In the backdrop of activities conducted by ISIS,
\nthe international community has shaped their legal policies accordingly. The
\nU.S., for one, is carrying out airstrikes in Iraq and Syria and supplying and
\ntraining the local forces with material to combat ISIS. The U.S. itself refers
\nto intervention as part of a counterterrorism strategy[8]<\/a>.<\/p>\n

ISIS’s systems of fighting involve the infliction of severe damage
\nto human life, physical integrity, and property resultant in systematic desecrations
\nof human rights[9]<\/a>. This increases serious alarms within the international
\ncommunity and calls for a strong reaction counter to the Islamic State. Islamic
\nState (ISIS) captured media headlines when it was suspect of committing acts of
\nmurder, kidnapping, expulsion, rape, and other more human rights abuses against
\nthe (Yazidi) minority in Iraq.[10]<\/a> The difficult situation of the Yazidi, who found temporary refuge
\non a mountain in the (Sinjar) region, encouraged the United States to attack strategic
\ntargets of the organisation. These attacks were also planned to stop the
\nIslamic State ISIS advance into further areas in Iraq in which American
\ncitizens are present.<\/p>\n

ISIS has quickly established
\na robust judicial authority over its dawla based on its hard-line clarification
\nof Islam and mainly sharia law. This branch controls the daily lives of all
\ncivilians living under ISIS rule. In the VICE News in-depth
\ndocumentary on the organization, one of the ISIS\u2019s administrators highlighted
\nthe scope of the group\u2019s penetration into civil life by stating that ISIS is a \u2018\u2019state
\nand not a group\u2019’. Also stating that ISIS purpose to build an Islamic State to
\ncover all aspect of life[11]<\/a>. Under its judicial system, there are numerous courts that
\nredress minor and major crimes, as well as more mundane neighbour disagreements<\/a>[12]<\/a>.<\/p>\n

ISIS and Statehood in International Law <\/h2>\n

The Islamic State of Iraq and al Sham ISIS is rejected as an
\nofficial, self-governing, and sovereign state under international law.[13]<\/a> Its territorial core of Iraq and Syria has allowed it to
\ncreate political backgrounds, it has a de facto administrative capital, Al
\nRaqqah; the imposing of its own legislation of Islamic Sharia Law and the
\norganisation of a potent military force. Even though it exhibits certain
\nstate like abilities and characteristics known by the Montevideo
\nConvention, the international community has not given it recognition as a
\nlegitimate political entity. ISIS brutal use of force to establish overriding
\npower has morally delegitimised its claims to statehood in the eyes of the rest
\nof the world.<\/p>\n

Many functionaries of international law do
\nnot recognise ISIS as a state. This is partly owed to the criteria on the
\ndefinition of a state in article 1 of the Montevideo Convention[14]<\/a>.<\/p>\n

The emergence of new non-state actors such as ISIS, who by some, are
\nconsidered capable of carrying out the sort of armed attack mentioned in UNC
\narticle 51, raises the question of whether non-state actors by themselves and
\nalone can cause the activation of the rights in UNC article 2.4 and 51. This
\nquestion is important because it allows to evaluating if intervention by victim
\nstates to combat non-state actors in a not guilty host state at the expense of
\nUNC article 2.4 concords with international law. The host state\u2019s right to
\ncontinue to be protected by the provisions of UNC article 2.4 vis-\u00e0-vis the
\nvictim state\u2019s rights are at stake here.[15]<\/a><\/p>\n

ISIS clearly fails in establishing its case
\nfor statehood in constitutive theory. It does, however, come close to meeting
\nthe requirements of the Montevideo convention. It fails, however, since its
\ncapacity to enter agreements with other nations is unlikely while no nation
\nrecognises it as sovereign and while it fails to recognise any other
\ncountry. The difficulty with this conclusion is that by disavowing ISIS of its
\nrights of statehood, the attached obligations are also disavowed. It is
\nnoteworthy to mention that ISIS does not claim the basis for its state to
\nbe founded in international law but rather in the dated concept of legitimism,
\nthat is that a sovereign is divinely or otherwise entitled to rule. <\/p>\n

Another term that is used to describe ISIS, especially in the
\nterminology of the UNC is that of a non-state actor. At first sight, this means
\nthat the rights and responsibilities that stem from statehood cannot be
\ninstituted upon ISIS. A not so far consequence of this could be said to be that
\nthe activities of ISIS cannot be attributed either to the Iraqi or Syrian
\nstate.<\/p>\n

Naturally then, if ISIS, who despite being a non-state actor is the cause of the attack in UNC article 51, then the use of force<\/a> against it could, as a starting point, be considered lawful.<\/p>\n

Clearly that non-state
\nactors have IHL and international criminal ICL responsibilities, for example,
\nat the International Criminal Court. Specified that ISIS is not about to adhere
\nto any international human rights standards, why request IHRL in the first place?
\nFirst, these other sections of law have alike jurisdictional matters.
\nInternational Criminal Law, which mainly covers IHL violations, could only be
\ninvoked based on a situation, which would include all parties to the conflict,
\nor at least all parties in which conflict was situated. This would nearly
\ncertainly have to be done also by the state involved, or over the UN Security
\nCouncil. In the situation of Syria, President Assad is not about to create a
\ncourt that will find him accountable for violations, and Russia will not let
\nthis to be approved by the Security Council. It is clear that ISIS is aiming precisely
\nat making governance outside of conflict; ideally, making a proto-state in
\nwhich heinous IHRL violations are possible to continue. This \u2018proto-state\u2019 might
\nnever emerge, nevertheless as states will have to consider, it might be better
\nto provide a possible source of international responsibility if it does, framed
\nas a formal version of the overwhelming moral condemnation of ISIS\u2019s actions
\nthat currently exists.<\/p>\n

Since
\nISIS declared itself a caliphate on June 2014[16]<\/a>,
\nthe group has received extensive attention in the media, and numerous efforts
\nhave been made to describe the goals of ISIS and its role in the world. Though,
\nISIS claims to statehood are illegal and misguided. While organisations such as
\nthe U.S. Bureau of Counterterrorism consider ISIS a terrorist organisation[17]<\/a>,
\nsome have ventured to claim that ISIS is not a terrorist group. Ruddy, (the US
\nEditor in) Chief of News max Media, Inc. and scholar of public policy rejects
\nthe former President Obama\u2019s statement that ISIS would be considered a violent radical
\ngroup rather than a state.[18]<\/a> The
\nscholar, reasons that ISIS is a state and can logically be considered a
\ntraditional military opposition due to its regulator and governance of big
\nareas of territory, available tax revenue, and the existence of training
\ngrounds functioned by ISIS. Also, when observing at the Global Policy Forum\u2019s classification
\nof a state, it initially seems that ISIS meets the standards of statehood. The
\nGlobal Policy Forum explains a state as an entity distinct from a government
\nand is a means of rule over a defined or sovereign region. Built on this classification[19]<\/a>, a
\nstate contains of institutes such as courts, bureaucracy, and an administrative,
\nnevertheless also collects taxes and manages a police and military force.
\nAccording to study analysts at the (Institution for the Study of War), ISIS has
\nestablished many cities with wide-ranging of governmental programs, such for
\nexample judicial, educational and security service area, including its capital
\ncity Raqqa.[20]<\/a> Furthermore,
\nISIS has established both administrative and service-oriented programs and
\nprovides essential structure services, as well as water and electricity. Based
\non these points, it seems that ISIS should be considered a state. Nevertheless,
\nthe issue of statehood is complex, and there exists no conclusive definition of
\nstatehood. As such, it is essential to more examine the common interpretation
\nand idea of statehood, and to evaluate ISIS\u2019 position as a state accordingly.
\nJoe Boyle, a BBC News reporter, understands the complication of the idea of
\nstatehood, nonetheless compiles common explanations and understandings of the
\nterm that can be used when evaluating the statehood of a specific body of
\npeople.[21]<\/a> For
\nexample Boyle indications, the requirements for becoming a state consist of obtaining
\nmembership in the United Nations (UN), or alternatively gaining recognition
\nfrom as several other states as possible if UN membership is not approved, and
\nengaging in trade with other states. Built on this definition, ISIS has not gained
\nstatehood, as the Islamic State has not been recognised or legitimised by either
\nthe United Nations or many other states.[22]<\/a><\/p>\n

The
\nIslamic State has, despite its large territorial losses in Iraq after the start
\nof the allied (bombing campaign), been exercising effective control over a
\ncertain core territory already before it had stated the restoration of the
\nCaliphate in June 2014. The remaining question is whether it lacks permanence.
\nIn this regard, it must not be forgotten that several states were recognised
\nimmediately after their declaration of independence during the de-colonisation
\nperiod. <\/p>\n

The
\nIslamic State can be said to have a government. It is independent from other
\nstates and upholds law and order whereas
\nfulfilling all those roles usually associated with a state: A documentary[23]<\/a> shows an
\nelaborated administrative apparatus as well as a prison system, authorities
\ndoing their everyday work, or police officers patrolling the streets. It also
\nentertains social-welfare programs and even
\nclaims to matter its own gold coins to bring back the gold
\nstandard. <\/p>\n

Arguing that the Islamic
\nState doesn\u2019t have a territory or a population would need a restrictive
\napplication that runs counter to many historical examples of the making of
\nstates. From the legal perspective applying the statehood-requirements
\ndifferently depending on the political circumstances appears arbitrary. One likely
\nsolution is to need a higher standard of governance than mere effective
\ncontrol, i.e. that usually associated through the notion of good governance, in
\nall events.<\/p>\n

While an effective government is required for country status,
\ninternational law doesn\u2019t dictate a preferred form of governance. That is, together
\na democratic government and a dictatorial government can also meet the
\nrequirement of effective government. From the perspective of international law,
\nif the ruling entity exercises governmental authority within the territory, for
\nexample, by collecting taxes and regulating the judicial system, this
\nrequirement is met.<\/p>\n

ISIS uses rough and brutal means to create its governmental authority in
\nthe region it controls. These include killing opponents and using dangerous
\nviolence against those who refuse to accept the Islamic belief. The caliphate
\nexercises governmental authority over wide-ranging facets of life in the
\nterritory it controls, ranging from regulating local commerce to impacting
\npersonal position. In addition, there are reports that in certain cases, the
\nIslamic State lets non-Muslims living under its rule to pay a poll tax[24]<\/a>( jizya<\/em> in Arabic) that
\nallows them to continue living in the caliphate, although as second-rate
\ncitizens. It is reasonable to assume that the Islamic State also collects other
\ntaxes from the general population.<\/p>\n

Declarative theory<\/h2>\n

The declarative theory of
\nstatehood supports the idea that when a political entity achieves standards of
\nstatehood, such for example the Montevideo Convention 1933, it\u2019s considered a
\nstate.[25]<\/a> The guidelines,
\nas presented to the Convention, claim that a state requirement has a permanent
\npopulation, a clear territory, a government and an ability to enter into
\nrelations with other states.[26]<\/a> It is therefore
\nreliant on inside sovereignty, the supreme authority over a territory, rather
\nthan the global claim of the legality of the state in question. It clearly
\nstates in article 3 of the Convention, the political being of the state is self-governing
\nof recognition through the other states.[27]<\/a> In this light,
\nISIS encapsulates the four norms of the Convention to a strong amount.<\/p>\n

First, a permanent population can be demarcated as
\ncitizens who reside inside the territory claimed by the political entity. Inside
\nISIS controlled Syria and Iraq, there certainly is a population that exist
\nunder its authority. [28]<\/a> The Montevideo
\nConvention does not, nevertheless, clearly articulate that the population must
\nbe freely willing to live under a certain law. Those inside ISIS\u2019 territory is
\nforced to obey and identify with the group.<\/p>\n

Second, a state needs a defined territory over
\nwhich it exercises active political regulator, which can be describe by the
\nlegal theory of inter alia: the capacity to reject others from using force on
\nits territory. Permanently contested land, hence, can be considered legally
\ndefined territory. <\/p>\n

How ISIS has developed its territory in (Iraq and
\nSyria), nevertheless, violate (Article 11 of the Montevideo Convention), thus eliminating the legality of ISIS\u2019 territorial growth. The Article reads that there can be no acknowledgement
\nof territory obtained through force, including the employment of armaments in intimidating diplomatic representations or any other active
\ncoercive measure.<\/p>\n

Third, a
\nstate must have a regime: a
\nruling entity that exercises governmental authority inside the territory[29]<\/a>. At present, ISIS
\nmeets this requirement, for example there are a clear running governmental authority and administrative system inside
\nthe ISIS regulated territory.<\/p>\n

[30]<\/a> ISIS\u2019 reliance on terror and military force could probably
\nmake ISIS a state at the utmost fundamental behaviour level. However, that the
\nuse of force must be legitimate, which possibly poses a dilemma as to the level
\nof ISIS\u2019 conduct. <\/p>\n

Last of
\nall, (the Montevideo Convention)
\nargues the essential for a state\u2019s ability to involve in foreign relations.
\nThis poses the greatest challenge to the acknowledgement of ISIS\u2019s declarative
\nstatehood, as states international refuse to give legality to a state that functions
\nso far beyond the boundaries of international convention and standards<\/p>\n

The conception of legality in the Montevideo
\nConvention is pragmatic, a political entity must simply fulfil the norms to be
\ndeemed a state, and no moral or social consequences are measured. The
\ndeclarative theory, nevertheless, is a partial explanation, not a definition\u2019
\nof statehood, and therefore the constitutive theory must be entirely examined
\nagainst (ISIS) statehood claims [31]<\/a>.<\/p>\n

\u00a0Constitutive theory<\/h2>\n

The
\nconstitutive theory is dependent on the idea that a state can only occur if it
\nis admitted as legal by other sovereign states. Exterior sovereignty is
\nconsidered as the only means of compliant a state as a member of the
\ninternational sovereign state system. Under existing international law, nevertheless,
\nboth external and interior recognition of the state\u2019s authority would be essential,
\nthe people inside the territory should also desire self-government. <\/p>\n

Regarding ISIS, the constitutive theory rejects its
\nclaims as a legal sovereign state. Global recognition of ISIS will be denied
\ndue to its well-publicised violation of international law. therefore, it is not
\na state in the present modern idea as it is an enemy of all state in the region
\n\u2013 and, certainly, the world. Even though international acknowledgement might
\nnot be possible, ISIS adheres to Islamic law and hence deems itself a legal and
\ntheocratic state.<\/p>\n

Use of force in self-defence<\/h2>\n

In 2014, a militant organisation describing
\nitself the (Islamic State) rapidly took over more than (30%) of the territory
\nof (Syria and Iraq).[32]<\/a> In
\nthe process, it captured billions of dollars\u2019 worth of oil fields and
\nrefineries, bank assets and antiquities, tanks and arms, and turn out to be one
\nof the greatest threats to peace and security in the Middle East.[33]<\/a> In
\nan attempt to
\ndegrade and defeat ISIS, start in August 2014, the United States, supported by
\na handful of other Western and Arab countries, launched several of bombing attacks
\nand cruise missile attacks against ISIS bull’s eye in Iraq and Syria.[34]<\/a> Even
\nhowever, the Iraqigovernment has agreed to foreign military action
\nagainst ISIS in Iraq, the Syrian regime didn\u2019t.[35]<\/a> Rather,
\nSyria protested that the air strikes in Syrian territory were an unjustifiable
\nviolation of international law.[36]<\/a>The
\nUnited States initially claimed the airstrikes against ISIS were justified
\nvariously by a right of humanitarian intervention, a right to use force in the
\nterritory of unsuccessful states, and a right of pursuit, before settle down on
\nthe argument that the airstrikes in Syria were legitimate acts of collective self-defence on behalf of the government
\nof Iraq.[37]<\/a> Use of force in self-defence <\/a>has
\ntraditionally not been seen as legitimate against non-state actors in a third
\nstate except they are under the active control of that state, nonetheless the
\nUnited States has claimed that since the ( 9\/11) attacks such force can be
\njustified where a government is unable or unwilling to suppress the danger postured
\nby the non-state actors operating inside its borders.[38]<\/a> This
\nview wasn\u2019t, however, accepted by (Russia, China) or even the UK, which firstly
\nrejected to join the U.S.A in bombing ISIS targets in Syria.[39]<\/a> \u2018\u2019Article
\n51 of the UN Charter\u2019\u2019 provides for protection of a State\u2019s inherent right of self-defence.[40]<\/a> Reference
\nto an inherent right means the question is not one of treaty clarification but
\nrather discerning whether the evolving customary international law principles leading
\nself-defence support the U.S. position. Normally, customary international law
\nchanges slowly over many decades.[41]<\/a> But
\nsometimes, world actions are such that customary international law develops
\nquite fast.[42]<\/a> <\/p>\n

The suggestion of this newly accepted change in the international law of self-defence is that any nation can now lawfully use force against non-state actors in another state if the government of that state is unable or unwilling to suppress the threat inside its boundaries. Nevertheless, use of force under this new method is still subject to limits forced by what is recognised as\u00a0customary international law, or the practices that the international community of states customarily follow from a sense of legal obligation. <\/p>\n

Whereas, this new authority will surely show useful
\nagainst ISIS, there is a possibility that it will eventually be used against a
\nmuch wider group of threats. Such threats could include a variation of
\nterrorist groups, as well as rebels, pirates, or drug cartels.<\/a><\/p>\n

The Islamic State ISIS and other terrorist groups in Syria are a threat not only to Iraq and Syria but also to many other states, including the US. States must be able to protect themselves, in accordance with the inherent right of individual and collective self-defence, as per reflected in Article 51 of the UN Charter as is the case now, the regime of the State where the threat is situated is unwilling or unable to stop the use of its territory for such attacks. The Government of Syria regime has shown that it cannot and will not confront these safe-havens effectively itself.<\/p>\n

ISIS and International Law<\/h2>\n

ISIS
\nhas broken several international law provisions by its conduct in Syria and
\nIraq, and in terrorist attacks more overseas. First, the ISIS has breached many
\nof its IHL responsibilities as a non-state actor involved in the conflict happening
\nin Syria and Iraq. Common
\nArticle 3 of the Geneva[43]<\/a>
\nConventions offers minimum rules to be observed throughout conflict such as the
\nprotection of citizens and medical workers, the medical treatment of the wounded
\nor ill, the humane treatment of captured opponents, fair trials and the
\nprotection of cultural property. ISIS has barely complied with such regulations.
\nThe group\u2019s violent and inhumane treatment of citizens. ISIS has also breached
\nrules against captivating hostages and the recruitment of individuals under 18
\nyears of age into armed forces. Under IHL, whereas ISIS members who directly take
\npart in hostilities in Syria and Iraq might be legally targeted by military actions,
\ninterestingly they might also be prosecuted for their involvement in the
\nconflict because they are considered to be unlawful combatants.<\/p>\n

Second, ISIS has committed crimes under ICL, i.e. genocide, war crimes
\nand crimes against humanity. A report through the UN (Independent International
\nCommission) of Inquiry on the (Syrian Arab Republic), issued in June 2016, determined
\nthat ISIS committed genocide as well as several crimes against humanity and war
\ncrimes against the Yazidis.[44]<\/a> ISIS\u2019s
\nwidespread attacks against civilians, sexual slavery, pillaging and
\nparticipation of youngster children in armed conflict and destruction of
\nhistorical monuments also possible amount to war crimes. These acts and others
\ncommitted outside the setting of an armed conflict might also constitute crimes
\nagainst humanity.<\/p>\n

Third, ISIS might have contravened many provisions of (IHRL). The
\napplicability of (IHRL) to non-state actors remains argumentative since IHRL is
\ntraditionally observed as referring to responsibilities between a state and its
\npeople. Clapham identifies two main worries underlying this view: the
\nunintended enhancement of non-state actors lawfulness, and undermining the
\nvalue of IHRL by imposing on groups obligations that they do not have the ability
\nto fulfil.[45]<\/a> (Bellal)
\nargues that IHRL however applies to armed groups that have reached a de facto
\nauthority with state like functions.[46]<\/a> By creating
\nits own courts, police forces and tax system in the territory it controls, ISIS
\nhas presented itself as such a de facto authority. It might, therefore, have
\ncommitted several IHRL violations, such as the forced sexual slavery of women
\nand very young girls, attacks against religious and racial minorities, reported
\narbitrary torture and imprisonment.<\/p>\n

ISIS claims to be following Islamic laws of armed conflict. The group has published guidelines and legal opinions authored by affiliated clerics, so the group can claim that its fighters are acting lawfully according to the group\u2019s own rules, even if manifestly they do not comply with international law. The guidelines notably specify\u2019 the conditions under which enemy combatants may be targeted, tortured, mutilated, or killed as well as rules governing the ransom of non-Muslim hostages. ISIS also has laws for the provision of security guarantees, called\u2019 aman documents, for journalists and humanitarian workers seeking access to ISIS-controlled area. Rules for the treatment of prisoners and slaves do include certain limitations, such as a prohibition on separating a mother from her young children, but they also permit sexual slavery as a legally permissible alternative to adultery.[47]Clearly, these rules can hardly be reconciled with IHL and HRL.<\/p>\n

Prohibit of terrorism by international law
\nActs of terror against citizens are prohibited by (international human rights law), (international
\nhumanitarian law) (international criminal law) and probably, (customary international law CIL). However, despite
\nattempt since (1920s), the international community has been powerless to agree
\non a universal definition of terrorism. Nevertheless, 19 sectoral conventions
\nand numerous UN Security Council resolutions afford supervision by describing
\nacts constituting terrorism. These international agreements all forbid
\nthe use of violence against civilian populations with intending to cause terror.
\nNevertheless, an examination of to each area of law is needed to understand the
\nextent to which international law is appropriate to the activities of ISIS.<\/p>\n

The current joint Spanish-Romanian proposal for the creation of an
\ninternational counterterrorism court represents a promising step towards encouraging
\ninternational collaboration and developing international law to deal better through
\nthe matter of terrorism.<\/p>\n

International law must be developed to improve its efficiency in addressing groups like ISIS. Numerous ideas have been put forward to this effect, utmost notably the joint (Spanish Romanian proposal) for the making of an international counterterrorism court. For example, the Foreign Affairs Ministers of Romania and Foreign Affairs Ministersof Spain presented the proposal at a peripheral meeting to the UN General Assembly conference in 2015[48]<\/strong>. As stated by to <\/em>these ministers, the (ICTC) wouldn\u2019t<\/em> violate on the criminal jurisdiction of either states or the ICC, since the jurisdiction of the planned new court would be restricted to conditions in which a state or the ICC was unable or unwilling to sue. The (Foreign Affairs Minister Aurescu) as well outlined that the proposed (ICTC\u2019s) prosecutorsand judges would be representative of the world\u2019s main legal systems and geographical areas[49]<\/a>. Additional details of the proposed structure of the ICTC are not yet accessible since the initiative is still under development. However, the proposal has acknowledged large support, as well as from UNCTED director (Jean.Paul) and thedirector- of the (United Nation Counter Terrorism Implementation Task Force Office), <\/em>(J. Khan). For example, the American NGO Coalition for the ICC claims; In the future, there will undoubtedly be several events in which the positive and most rapid route for the prosecution of terrorists will be before an international tribunal with extensive international support and legality.[50]<\/a> <\/p>\n

The rights and responsibilities afforded under international law depend on right application of legal classifications. IHL requires the accurate classification of \u2019the status of the conflict and those involved.[51]<\/a> The distinction among IACs and NIACs remainders intertwined through the nature of the actors involved (state or non-state), instead of the territory in which a conflict occurs.[52]<\/a> In other words, the conflicts in Syria and Iraq should be viewed as NIACs, since ISIS is a non-state actor. If ISIS\u2019s attacks in France were recognised as constituting an armed conflict, this also would be considered a NIAC among a state and a non-state actor. Another negative legal implication would also follow. For example, if extremists took French army personnel captive, such personnel would be considered as prisoners of war under Common (Article 3) of the Geneva Conventions. Even though (PoW) status requires humane treatment which terrorists are doubtful to adhere to, such a classification would permit the terrorists to lawfully hold the French army personnel till the end of hostilities which would be hard to identify in a terrorism situation. Important questions, <\/em>therefore, arise <\/em>as to the risks and rewards of increasing the legal principles that govern the battlefield to states that have experienced several terrorist attacks.<\/p>\n

Although international law encompasses several
\nconventions that deal with acts of terrorism and violence throughout armed
\nconflict, issues with the claim of these laws hinders its efficiency. Therefore,
\ninternational law must be developed more to provide a further effective legal framework to deal with contemporary
\nconflicts, especially the activities of ISIS. These activities establish the
\nnuanced and mixture nature of this terrorist group, mostly its actions in Syria
\nand Iraq and its attacks against citizens in other states. An analysis of the
\napplication of international law to ISIS reveals numerous issues. Even though
\ninternational law comprises important legal provisions relevant to ISIS\u2019s
\nconduct, several complications exist that undermine its efficiency. The joint (Spanish-Romanian
\nproposal) for the creation of a
\nnew international counter terrorism court is a possible means of improving
\ninternational law\u2019s competence to deal with terrorism. Eventually, however, the
\nburden will endure on states to work cooperatively to strengthen and implement
\nthe international legal framework.<\/p>\n

Conclusions<\/h2>\n

At the practical level,
\nsince the Islamic State’s activities violate international law, other States shouldn\u2019t
\ncollaborate through the organisation in a way that would legitimize its
\nwrongdoings.<\/strong><\/p>\n

It appears that the correct and right course of act would be for any international intervention to be assisted by a resolve of the UN Security Council, which is commended with keeping peace and security in the world. The Security Council is approved to determine that the Islamic State is a threat to peace, and therefore, to enforce economic sanctions on the organisation and even support the use of armed force against ISIS in the name of the (international community). Against the background of the severe harm and damage to life and property and together through the organisation’s increasing military strength due to its successes and the swelling ranks of those who wish to join it, it appears that the threat posed by the ISIS exceeds boundaries, religions, and cultures and is becoming more serious daily. Therefore, decisive and united international response ought to be taken against it.<\/p>\n

As a recently created, quickly expanding entity,
\nISIS remains a problem for both the individuals in the territory and
\nthe international system. Its ultimate state like qualities mostly approve with
\nthe international norms of the (Montevideo Convention), it has a permanent population
\nalthough transitional, a roughly defined territory, a planned governmental
\nsystem, and the capacity to gain access to state relations. About the
\nconstitutional theory, ISIS holds no legitimate grounds for state-creation as
\nit is not recognised by any states or political institutions (such as the
\nUnited Nations) universal. Even though not fully satisfying
\neither state-defining theories, were ISIS to embrace a morally adequate
\nmeans of creating and keeping power, such as through a referendum, it might be
\non its way to making a justified claim for legal statehood.<\/p>\n

 There is no question of them
\nearning UN membership, or being approved by any other international
\norganisation.<\/p>\n

References<\/h2>\n

\u2018Chapter VII | United Nations\u2019
\n<http:\/\/www.un.org\/en\/sections\/un-charter\/chapter-vii\/> [accessed 8 June 2017]<\/p>\n

Deeks, Ashley S, \u2018” Unwilling or Unable “\u202f: Toward a Normative Framework for Extraterritorial Self-Defense\u2019 <http:\/\/www.vjil.org\/assets\/pdfs\/vol52\/issue3\/Deeks_Post_Production.pdf> [accessed 8 June 2017]<\/p>\n

Fon, Vincy, and F. Parisi, An Economic Analysis Recommended <\/em>Citation INTERNATIONAL CUSTOMARY LAW AND ARTICULATION THEORIES: AN ECONOMIC ANALYSIS*\u2019, & Mgmt. R<\/em>, 201 (2006) <http:\/\/digitalcommons.law.byu.edu\/ilmr> [accessed 8 June 2017]<\/p>\n

\u2018How Does ISIS Fund Its Reign of Terror?\u2019 <http:\/\/www.newsweek.com\/2014\/11\/14\/how-does-isis-fund-its-reign-terror-282607.html> [accessed 10 June 2017]<\/p>\n

Islamic State ISIS, Territory of East Syria SYRIA NEWS |
\nZAMAN ALWSL\u2019 <https:\/\/en.zamanalwsl.net\/news\/6745.html> [accessed 11 June
\n2017]<\/p>\n

\u2019 <https:\/\/www.washingtonpost.com\/world\/iraqi-yazidis-stranded-on-isolated-mountaintop-begin-to-die-of-thirst\/2014\/08\/05\/57cca985-3396-41bd-8163-7a52e5e72064_story.html?utm_term=.f87ab4cdd884> [accessed 9 June 2017]<\/p>\n

\u2018ISIS Applies Its Own Laws in Raqqa\u2019 <http:\/\/www.al-monitor.com\/pulse\/security\/2014\/02\/isis-islamic-rule-raqqa-syria.html> [accessed 9 June 2017]<\/p>\n

\u2018ISIS Enshrines a Theology of Rape – The New York Times\u2019 <https:\/\/www.nytimes.com\/world\/isis-enshrines-a-theology-of-rape.html> [accessed 10 June 2017]<\/p>\n

\u2018ISIS Is Not a Terrorist Organization\u2019 <http:\/\/www.newsmax.com\/Ruddy\/ruddy-isis-not-terrorist\/2015\/11\/16\/id\/702383\/> [accessed 8 June 2017]<\/p>\n

<https:\/\/www.washingtonpost.com\/news\/worldviews\/wp\/2014\/06\/18\/isis-or-isil-the-debate-over-what-to-call-iraqs-terror-group\/?utm_term=.f267e17569e9> [accessed 2 June 2017]<\/p>\n

Islamic State in Iraq and Syria<\/em> – BBC News\u2019
\n<http:\/\/www.bbc.co.uk\/news\/world-middle-east-28082962> [accessed 9 June
\n2017]<\/p>\n

\u2018Islamic State and the Idea of Statehood – BBC News\u2019 <http:\/\/www.bbc.co.uk\/news\/world-middle-east-30150681> [accessed 8 June 2017]<\/p>\n

\u2018NatioNal Terrorist
\nFiNaNciNg Risk assessmeNt 2015\u2019
\n<https:\/\/www.treasury.gov\/resource-center\/terrorist-illicit-finance\/Documents\/National
\nTerrorist Financing Risk Assessment \u2013 06-12-2015.pdf> [accessed 8 June 2017]<\/p>\n

\u2018OHCHR | Independent International Commission of Inquiry on the Syrian Arab Republic\u2019 <http:\/\/www.ohchr.org\/EN\/HRBodies\/HRC\/IICISyria\/Pages\/IndependentInternationalCommission.aspx> [accessed 8 June 2017]<\/p>\n

Quintana, Elizabeth, and Jonathan Eyal, \u2018Inherently Unresolved: The Military Operation against ISIS\u2019 <https:\/\/rusi.org\/sites\/default\/files\/op_inherently_unresolved_-_the_military_operation_against_isis.pdf> [accessed 8 June 2017]<\/p>\n

Smith, Ben, and Rob Page, \u2018ISIS and the Sectarian Conflict in the Middle East\u2019 <http:\/\/researchbriefings.parliament.uk\/ResearchBriefing\/Summary\/RP15-16> [accessed 8 June 2017]Smith, Ben, and Rob Page, \u2018ISIS and the Sectarian Conflict in the Middle East\u2019 <http:\/\/researchbriefings.parliament.uk\/ResearchBriefing\/Summary\/RP15-16> <\/p>\n

\u2018State Fragility Around the World: Fractured Justice and Fierce Reprisal – Laurie A. Gould, Matthew Pate – Google Books\u2019 <https:\/\/books.google.co.uk\/books?id=mPUbDAAAQBAJ&pg=PT108&lpg=PT108&dq=http:\/\/www.understandingwar.org\/report\/isis-governance-syria&source=bl&ots=2QuMSkRf30&sig=AuQ6H14RjlLXLsnFjbRh_sNgeo4&hl=en&sa=X&ved=0ahUKEwif8bniza7UAhWEXBoKHRq1BucQ6AEIXTAJ#v=onepage> [accessed 8 June 2017]<\/p>\n

\u2018The Challenge For The International Criminal Court: Terrorism\u2019 <http:\/\/www.legalserviceindia.com\/article\/l247–International-Criminal-Court—Terrorism.html> [accessed 8 June 2017]<\/p>\n

\u2018The Islamic State\u2019s Treatment Of Christians | MEMRI – The Middle East Media Research Institute\u2019 <https:\/\/www.memri.org\/reports\/islamic-states-treatment-christians> [accessed 9 June 2017]<\/p>\n

\u2018The Islamic State
\n(Full Length) | VICE News\u2019
\n<https:\/\/news.vice.com\/video\/the-islamic-state-full-length> [accessed 9
\nJune 2017]<\/p>\n

\u2018The War Powers Resolution and Article 51 Letters Concerning Use of Force in Syria Against ISIL and the Khorasan Group [UPDATED to Add Statement of the U.N. Secretary-General] | Just Security\u2019 <https:\/\/www.justsecurity.org\/15436\/war-powers-resolution-article-51-letters-force-syria-isil-khorasan-group\/>[accessed 8 June 2017] <\/p>\n

Vice News, \u2018The
\nIslamic State (Full Length) | VICE News\u2019
\n<https:\/\/news.vice.com\/video\/the-islamic-state-full-length> [accessed 11
\nJune 2017]<\/p>\n

Weisburd, A. Mark, Failings of the International Court of Justice<\/em>, 2016 <https:\/\/books.google.co.uk\/books?id=xgwHCwAAQBAJ&pg=PT364&lpg=PT364&dq=North+Sea+Continental+Shelf+(Ger.+v.+Den.,+Ger.+v.+Neth.),+Merits,+1969+I.C.J.+3,&source=bl&ots=vS4FwwsO29&sig=CFGkNUoD_gAIWFH4mC0cyLDzJ3I&hl=en&sa=X&ved=0ahUKEwiOgeLOv67UAhWEtxQKHex_C> [accessed 8 June 2017]<\/p>\n

\u2018What Is a \u201cState\u201d?\u2019 <https:\/\/www.globalpolicy.org\/nations-a-states\/what-is-a-state.html> [accessed 8 June 2017]<\/p>\n

\n

[1]<\/a> [accessed 2 June 2017] The Debate over What to Call Iraq Terror Group – The Washington Postu2019 <https:\/\/www.washingtonpost.com\/news\/worldviews\/wp\/2014\/06\/18\/isis-or-isil-the-debate-over-what-to-call-iraqs-terror-group\/?utm_term=.f267e17569e9> <\/p>\n

[2]<\/a> \u2018ISIS or ISIL? The Debate over What to Call Iraq\u2019s
\nTerror Group – The Washington Post\u2019.<\/p>\n

[3]<\/a>
\nSmith, supra note 5, at 9. 21. <\/em><\/p>\n

[4]<\/a>
\nibid<\/p>\n

[5]<\/a>
\nibid<\/p>\n

[6]<\/a>
\nibid at 17<\/p>\n

[7]<\/a>
\nSmith, supra note 5, at 16-17<\/p>\n

[8]<\/a> <\/p>\n

[9]<\/a> Iraqi Yazidis Stranded on Isolated Mountaintop Begin to Die of Thirst – The Washington Post [accessed 9 June 2017].”, <https:\/\/www.washingtonpost.com\/world\/iraqi-yazidis-stranded-on-isolated-mountaintop-begin-to-die-of-thirst\/2014\/08\/05\/57cca985-3396-41bd-8163-7a52e5e72064_story.html?utm_term=.f87ab4cdd884> <\/p>\n

[10]<\/a>
\nibid<\/p>\n

[11]<\/a> Vice News, \u2018The Islamic State (Full Length) | VICE News\u2019 <https:\/\/news.vice.com\/video\/the-islamic-state-full-length> [accessed 11 June 2017]<\/p>\n

[12]<\/a> How Islamic State Runs Affairs of Territory It Controls East Syria SYRIA NEWS | ZAMAN ALWSL [accessed 11 June 2017].<https:\/\/en.zamanalwsl.net\/news\/6745.html> <\/p>\n

[13]<\/a> \u2018ISIS Applies Its Own Laws in Raqqa\u2019 http:\/\/www.al-monitor.com\/pulse\/security\/2014\/02\/isis-islamic-rule-raqqa-syria.html<\/a> [accessed 9 June 2017].<\/p>\n

[14]<\/a> Thomas
\nGrant, ‘Defining Statehood<\/em>: The Montevideo Convention and its
\nDiscontents’<\/em> (1999) 37 Colombia Journal of Transnational Law 403, 403.<\/p>\n

[15]<\/a> UNC article 2.4<\/em><\/p>\n

[16]<\/a> \u2018Isis Rebels Declare \u201cIslamic State\u201d in Iraq and Syria – BBC News\u2019 <http:\/\/www.bbc.co.uk\/news\/world-middle-east-28082962> [accessed 9 June 2017]<\/p>\n

[17]<\/a> <\/p>\n

[18]<\/a> \u2018ISIS Is Not a Terrorist Organization\u2019 http:\/\/www.newsmax.com\/Ruddy\/ruddy-isis-not-terrorist\/2015\/11\/16\/id\/702383\/<\/a> [accessed 8 June 2017].<\/p>\n

[19]<\/a> \u2018What Is a \u201cState\u201d?\u2019 https:\/\/www.globalpolicy.org\/nations-a-states\/what-is-a-state.html<\/a> [accessed 8 June 2017].<\/p>\n

[20]<\/a> \u2018State Fragility Around the World: Fractured Justice and Fierce Reprisal – Laurie A. Gould, Matthew Pate – Google Books\u2019 https:\/\/books.google.co.uk\/books?id=mPUbDAAAQBAJ&pg=PT108&lpg=PT108&dq=http:\/\/www.understandingwar.org\/report\/isis-governance-syria&source=bl&ots=2QuMSkRf30&sig=AuQ6H14RjlLXLsnFjbRh_sNgeo4&hl=en&sa=X&ved=0ahUKEwif8bniza7UAhWEXBoKHRq1BucQ6AEIXTAJ#v=onepage<\/a> [accessed 8 June 2017].<\/p>\n

[21]<\/a> ‘Boyle, J. (2015). Islamic State and the Idea of Statehood – BBC News\u2019
\n<http:\/\/www.bbc.co.uk\/news\/world-middle-east-30150681> [accessed 8 June
\n2017].<\/p>\n

[22]<\/a>
\nibid<\/p>\n

[23]<\/a> \u2018The Islamic State (Full Length) | VICE News\u2019
\n<https:\/\/news.vice.com\/video\/the-islamic-state-full-length> [accessed 9
\nJune 2017].<\/p>\n

[24]<\/a> \u2018The Islamic State\u2019s Treatment Of Christians | MEMRI – The Middle East Media Research Institute\u2019 https:\/\/www.memri.org\/reports\/islamic-states-treatment-christians<\/a> [accessed 9 June 2017].<\/p>\n

[25]<\/a> James, A. (1999). The Practice of Sovereign
\nStatehood in Contemporary
\nGlobal system. 47(3), pp.459.<\/p>\n

[26]<\/a> Ibid.<\/p>\n

[27]<\/a> Montevideo Convention on the
\nRights and States<\/em>, December 20, 1933, http:\/\/www.cfr.org\/sovereignty\/montevideo-convention-rights-duties-states\/p15897# [Accessed
\n25June. 2017].<\/p>\n

[28]<\/a>
\nYashar, A. (2014). ISIS Issues
\na \u2018Passport\u2019 for its \u2018Caliphate\u2019<\/em>. [online] Arutz Sheva. http:\/\/www.israelnationalnews.com\/News\/News.aspx\/182646
\n[Accessed 25June. 2017].<\/p>\n

[29]<\/a>
\nWood, G. (2015). What
\nISIS Really? http:\/\/www.theatlantic.com\/features\/archive\/2015\/02\/what-isis-really-wants?\/384980\/<\/a> [Accessed 25 June. 2017].<\/p>\n

[30]<\/a>
\nO\u2019Donoghue, A.
\n(2014). Isis, the Caliphate, <\/em>http:\/\/international-lawinternational-human-rights\/isis-the-caliphate-and-new-states\/
\n[Accessed 25June. 2017].<\/p>\n

[31]<\/a> Bunck, J and. Fowler, M. 1996. What constitutes
\nthe sovereign state<\/em>? 22(04), p.381.<\/p>\n

[32]<\/a> \u2018NatioNal Terrorist FiNaNciNg Risk assessmeNt 2015\u2019
\n<https:\/\/www.treasury.gov\/resource-center\/terrorist-illicit-finance\/Documents\/National
\nTerrorist Financing Risk Assessment \u2013 06-12-2015.pdf> [accessed 8 June 2017].<\/p>\n

[33]<\/a> \u2018How Does ISIS Fund Its Reign of Terror?\u2019 http:\/\/www.newsweek.com\/2014\/11\/14\/how-does-isis-fund-its-reign-terror-282607.html<\/a> [accessed 10 June 2017].<\/p>\n

[34]<\/a> Elizabeth Quintana and Jonathan Eyal, \u2018Inherently Unresolved: The Military Operation against ISIS\u2019 https:\/\/rusi.org\/sites\/default\/files\/op_inherently_unresolved_-_the_military_operation_against_isis.pdf<\/a> [accessed 8 June 2017].<\/p>\n

[35]<\/a> Ben Smith and Rob Page, \u2018ISIS and the Sectarian Conflict in the Middle East\u2019 http:\/\/researchbriefings.parliament.uk\/ResearchBriefing\/Summary\/RP15-16<\/a> [accessed 8 June 2017].<\/p>\n

[36]<\/a>
\nibid<\/p>\n

[37]<\/a> \u2018The War Powers Resolution and Article 51 Letters Concerning Use of Force in Syria Against ISIL [UPDATED to Add Statement of the U.N. Secretary-General] | Just Security\u2019 https:\/\/www.justsecurity.org\/15436\/war-powers-resolution-article-51-letters-force-syria-isil-khorasan-group\/<\/a> [accessed 8 June 2017].<\/p>\n

[38]<\/a> Ashley S Deeks, \u2018” Unwilling or Unable “\u202f: Toward a Normative Framework for Extraterritorial Self-Defense\u2019 http:\/\/www.vjil.org\/assets\/pdfs\/vol52\/issue3\/Deeks_Post_Production.pdf<\/a> [accessed 8 June 2017].pp 483,487<\/p>\n

[39]<\/a> \u2018Chapter VII | United Nations\u2019 article. 51. http:\/\/www.un.org\/en\/sections\/un-charter\/chapter-vii\/<\/a> [accessed 8 June 2017].<\/p>\n

[40]<\/a>
\nibid<\/p>\n

[41]<\/a> Vincy Fon and Francesco Parisi, \u2018International Customary Law and Articulation Theories: An Economic Analysis Recommended Citation INTERNATIONAL CUSTOMARY LAW AND ARTICULATION THEORIES: AN ECONOMIC ANALYSIS*\u2019, & Mgmt. R, 201 (2006) http:\/\/digitalcommons.law.byu.edu\/ilmr<\/a> [accessed 8 June 2017]. <\/p>\n

[42]<\/a> “A. Mark Weisburd, Failings of the International Court of Justice, 2016\u00a0 [accessed 8 June 2017]2016 <https:\/\/books.google.co.uk\/books?id=xgwHCwAAQBAJ&pg=PT364&lpg=PT364&dq=North+Sea+Continental+Shelf+(Ger.+v.+Den.,+Ger.+v.+Neth.),+Merits,+1969+I.C.J.+3,&source=bl&ots=vS4FwwsO29&sig=CFGkNUoD_gAIWFH4mC0cyLDzJ3I&hl=en&sa=X&ved=0ahUKEwiOgeLOv67UAhWEtxQKHex_C> <\/p>\n

[43]<\/a> Article
\n3 of the Geneva<\/em><\/p>\n

[44]<\/a> OHCHR | Independent International Commission of Inquiry on the Syrian Arab Republic [accessed 8 June 2017 <http:\/\/www.ohchr.org\/EN\/HRBodies\/HRC\/IICISyria\/Pages\/IndependentInternationalCommission.aspx> <\/p>\n

[45]<\/a>
\nG. de Burca, F. Francioni and B. de Witte, (2016) (eds), Human Rights
\nObligations of Non-state Actors in Conflict Situations, Human Rights
\nObligations of Non-state Actors, New York, Oxford University Press, 2016.<\/p>\n

[46]<\/a> Bellal, Engaging the Islamic State
\non International Humanitarian Law, Yearbook of International Humanitarian Law,
\nApril 2016.<\/p>\n

[47]<\/a> ISIS Enshrines a Theology of Rape – The New York Times [accessed 10 June 2017]<https:\/\/www.nytimes.com\/2015\/08\/14\/world\/middleeast\/isis-enshrines-a-theology-of-rape.html> <\/p>\n

[48]<\/a> Does the World Need an International Court Against Terrorism? | World Economic Forum<https:\/\/www.weforum.org\/agenda\/2015\/11\/does-the-world-need-an-international-court-against-terrorism\/> <\/p>\n

[49]<\/a> ibid<\/p>\n

[50]<\/a> The Challenge For The International Criminal Court: Terrorism [accessed 8 June 2017].”, <http:\/\/www.legalserviceindia.com\/article\/l247–International-Criminal-Court—Terrorism.html> <\/p>\n

[51]<\/a> M.P.
\nScharf, \u201cHow the War against ISIS Changed International Law\u201d, Case Western
\nReserve Journal of International Law, Vol.48, p.52.<\/p>\n

[52]<\/a> When Does the Use of Force Against a Non-State Armed Group Trigger an International Armed Conflict and Why Does This Matter? accessed 12 June 2017] <https:\/\/www.ejiltalk.org\/when-does-the-use-of-force-against-a-non-state-armed-group-trigger-an-international-armed-conflict-and-why-does-this-matter\/> <\/p>\n","protected":false},"excerpt":{"rendered":"

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