International legal problem in combating 'Islamic State' terrorist group in Syria
'Islamic State of Iraq and Syria' (ISIS) has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In faci...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2015-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2015/2217-28151502284S.pdf |
| _version_ | 1818566494378786816 |
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| author | Stevanović Miroslav |
| author_facet | Stevanović Miroslav |
| author_sort | Stevanović Miroslav |
| collection | DOAJ |
| description | 'Islamic State of Iraq and Syria' (ISIS) has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In facing the threat od ISIS, the perception of international terrorism is important since this group has the features of a territorial entity. So far, facing with the threat of ISIS has been reduced to a model that is adopted by the UN Security Council against the terrorist network Al-Qaida. An international coalition of states, led by the United States, has undertaken air strikes on positions ISIS, on several grounds: the responsibility to protect, the protection of national security, and at the request of Iraq. At the same time, the strikes are applied in Syria, which can not be accountable for the actions of ISIS and has not requested international assistance. International law does not allow actions which would aim to destroy or jeopardize the territorial integrity or political independence of any sovereign and independent state, which is acting in accordance with the principle of equal rights and self-determination of peoples, and is hence governed by a representative government. The UNSC resolution 2249 remains short of recommending international armed action under the aegis of UNSC, but represents a step forward in recognizing the responsibility of this body in facing ISIS, at least as far as the 'destruction of refuge' is concerned. The use of force in the territory of Syria, without the express authorization of the UNSC is illegal, because terrorism does not constitute grounds for the use of force against countries. But, it opens broader issues of responsibility for the development of ISIS and the humanitarian crisis in the Middle East, as well as the functioning of the system of collective security. Overcoming the current crisis UNSC implies not just a mechanism for effective implementation of previous, unarmed, measures, but also reaching consensus on the functioning of the collective security system, because if there is no protection of states and citizens from violence, the question arises of the reasons for the existence of the system itself. |
| first_indexed | 2024-12-14T01:54:24Z |
| format | Article |
| id | doaj.art-d3d912303a544c2f918e4c1b20ba3133 |
| institution | Directory Open Access Journal |
| issn | 2217-2815 2406-1387 |
| language | English |
| last_indexed | 2024-12-14T01:54:24Z |
| publishDate | 2015-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj.art-d3d912303a544c2f918e4c1b20ba31332022-12-21T23:21:15ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872015-01-01622843112217-28151502284SInternational legal problem in combating 'Islamic State' terrorist group in SyriaStevanović Miroslav0Bezbednosno-informativna agencija Republike Srbije'Islamic State of Iraq and Syria' (ISIS) has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In facing the threat od ISIS, the perception of international terrorism is important since this group has the features of a territorial entity. So far, facing with the threat of ISIS has been reduced to a model that is adopted by the UN Security Council against the terrorist network Al-Qaida. An international coalition of states, led by the United States, has undertaken air strikes on positions ISIS, on several grounds: the responsibility to protect, the protection of national security, and at the request of Iraq. At the same time, the strikes are applied in Syria, which can not be accountable for the actions of ISIS and has not requested international assistance. International law does not allow actions which would aim to destroy or jeopardize the territorial integrity or political independence of any sovereign and independent state, which is acting in accordance with the principle of equal rights and self-determination of peoples, and is hence governed by a representative government. The UNSC resolution 2249 remains short of recommending international armed action under the aegis of UNSC, but represents a step forward in recognizing the responsibility of this body in facing ISIS, at least as far as the 'destruction of refuge' is concerned. The use of force in the territory of Syria, without the express authorization of the UNSC is illegal, because terrorism does not constitute grounds for the use of force against countries. But, it opens broader issues of responsibility for the development of ISIS and the humanitarian crisis in the Middle East, as well as the functioning of the system of collective security. Overcoming the current crisis UNSC implies not just a mechanism for effective implementation of previous, unarmed, measures, but also reaching consensus on the functioning of the collective security system, because if there is no protection of states and citizens from violence, the question arises of the reasons for the existence of the system itself.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2015/2217-28151502284S.pdfinternational terrorismrepressive regimeresponsibility for the protectionself-defensehumanitarian interventioncollective security |
| spellingShingle | Stevanović Miroslav International legal problem in combating 'Islamic State' terrorist group in Syria Pravni Zapisi international terrorism repressive regime responsibility for the protection self-defense humanitarian intervention collective security |
| title | International legal problem in combating 'Islamic State' terrorist group in Syria |
| title_full | International legal problem in combating 'Islamic State' terrorist group in Syria |
| title_fullStr | International legal problem in combating 'Islamic State' terrorist group in Syria |
| title_full_unstemmed | International legal problem in combating 'Islamic State' terrorist group in Syria |
| title_short | International legal problem in combating 'Islamic State' terrorist group in Syria |
| title_sort | international legal problem in combating islamic state terrorist group in syria |
| topic | international terrorism repressive regime responsibility for the protection self-defense humanitarian intervention collective security |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2015/2217-28151502284S.pdf |
| work_keys_str_mv | AT stevanovicmiroslav internationallegalproblemincombatingislamicstateterroristgroupinsyria |