The Self-Proclaimed Statehood of the Islamic State between 2014 and 2017 and International Law (original) (raw)
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Is the Islamic State a 'State' in International Law?
The twenty-first century will see new difficulties for international law as it struggles to come to terms with how it deals with non-state actors and belligerent states. The issues surrounding the formation of the Islamic State and its declaration of statehood represents a prime example of the challenges of applying old doctrines to an ever-changing world. ‘Though in recent decades a proliferation of non-state actors has changed the landscape of the international community, the state itself remains a critical component of international law and international relations’. This paper seeks to establish the legality, or otherwise, of the declaration of statehood by Islamic State in 2014.
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Several appellants have been used by the international community to call the self-proclaimed Islamic State: ISIS, IS, ISIL and Daesh. This fact remarks not only an evolution in perceiving what the IS stands for, but also in its capacity to acquire power in terms of "soft" and "hard" power. With regards to its roots, puplic opinion tends to assimilate the terrorist group of IS to Al Qaeda because of its radicalism and its violent rhetoric towards the West, losing sight of the inherent differences that permeate its characteristics and its mission. The hypothesis set is whether the IS can be consider a State according to international law. In order to falsify the hypothesis, relevant and consistent analysis have been made. This paper, therefore, will explore the historical roots and peculiarities of the IS, its propaganda, strategies and missions which differentiates it by other groups. Relevant theories of International Relations, social media's opinions and presidential speeches of Obama and Hollande will be examined through a macro-perspective. In conclusion, the IS is not a State in respect with International law because the criteria requested to formally be a State are not met. Nevertheless, the IS plays a certain role in the international scenario as an international actor that is doing a state-building through the use of force and violence.
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The Conflict with Islamic State: A Critical Review of International Legal Issues
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Islamic State (IS) is a radical jihadist armed group that controls vast swathes of territory in eastern Syria and across northern and western Iraq. Its existence and activities have prompted numerous States to intervene against it. Rather than focusing on the responsibility of Islamic State itself, the present contribution assesses the legality of the behavior of the States who interact with the armed group. In particular, the authors assess the legality of the use of force against Islamic State, exploring the current international regulation of self-defense and military interventions by invitation of the territorial State. The chapter also analyses whether any State bears responsibility for (or in relation to) the violations of international law performed by Islamic State.
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This study contributes to efforts to theorize contemporary challenges to the nation-state as a normative governance unit through an analysis of Islamic State's state ideology. It is argued that, by reinterpreting concepts from Islamic history, IS puts forth a religiously motivated, post-national state ideology. Based on an interdisciplinary reading of Dabiq magazine, the de facto official IS publication between 2014 and 2016, three concepts emerge as foundational in the group's state ideology: imamah (leadership), hijrah (migration), and bay'a (allegiance). The study sheds light on the enduring ideology of Islamic State, despite its territorial defeat.
Islamic State as Pseudo-state in the Middle East
Islamic State as Pseudo-state in the Middle East, 2017
This paper will examine whether Islamic State (IS) can be perceived as non-state armed group (NSAG) or as a pseudo-state in the Middle East in 2014 and until today. Doing this, this paper is based on the theoretical framework set by Benedetta Berti’s thesis, that IS can be seen as a hybrid NSAG, and Max Weber’s definition of state. This point of departure is the basis for the analysis of whether IS can be perceived as a pseudo-state, which in the paper is indicated that it can be perceived as in 2014, but to a lesser degree today. It is also indicated that Berti’s thesis is correct to a certain extent in 2014 but at a higher degree today. Likewise, the point of departure is the basis for the discussion of whether we can perceive IS as a pseudo-state today due to its curtailment in recent years. The assumption being that it could be seen as a pseudo-state in 2014, but due to its curtailment it could not. Throughout the discussion it is shown that this assumption is correct and that the NSAG-term is more adequate. The paper is concluded with the findings that IS can be perceived more as a pseudo-state than a non-state armed group in 2014 but due to its curtailment, the conceptualization has reversed today. It is also stated that the conceptualization of IS has developed in the recent years from terming IS a terrorist organization to more of a significant non-state actor.
ISIL UNDER INTERNATIONAL HUMANITARIAN LAW
Islamic State with the sobriquets of IS, ISIL or ISIS is a fundamental religio-political complex which has gained international 'recognition' not as such but rather as a global threat, whose mission, some think, should be purposedly exterminated. The place of this entity under International Humanitarian Law (IHL) is keenly examined in this paper, inclusive of whether the group may be rightly regarded as a State within the purview of International Law.