The international humanitarian law and the fight agaisnt ISIS

Abstract

The present article discusses the framework of international law for the fight against a terrorist group the so-called Islamic State, or ISIS that is sometimes considered one of the most dangerous terrorist groups. The article dwells on the question in what circumstances is the international humanitarian law applicable in the fight against this terrorist group. The criteria of organization and intensity that are applied in the armed conflict are discussed in the context of the fight against ISIS. Furthermore, different types of armed conflict – international and non-international – are discussed in order to state whether the fight against ISIS falls within one of those categories. Finally, the question of individual criminal responsibility of ISIS is raised.