PRAVNI ZAPISI • Year VI • No. 2 • pp. 284-311
INTERNATIONAL LEGAL PROBLEM IN COMBATING “ISLAMIC STATE” TERRORIST GROUP IN SYRIA
Mr Miroslav Stevanović
Savetnik, Bezbednosno-informativna agencija Republike Srbije
Pravni zapisi, No. 2/2015, pp. 284-311
Original Scientific Article
international terrorism, repressive regime, responsibility for the protection, self-defense, humanitarian intervention, collective security.
“Islamic State of Iraq and Syria” (ISIS) has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements are pressive 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 for- ward 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.