To: Secretary of State From: Erika Emmanuel, Legal Counselor Date: October 20, 2016 Subject: Legal methods regarding attack on ISIS The Islamic State of Iraq and Syria (ISIS) proclaimed itself a worldwide caliphate and claims religious, political and military authority over all Muslims worldwide.1 For a state to be legally sovereign, it must hold the ultimate authority and jurisdiction over a defined territory where no other sovereign entity, group or state can appeal or decide the laws of that state.2¬ Though ISIS has tried to establish control within the territory it occupies; it is lacking a few primary aspects for it to be considered a legal sovereign. These aspects are derived from concepts asserted by philosophers Lon Fuller and Emmanuel …show more content…
However, this argument uncovers the issue of whether international law could actually constrain the U.S. if, perhaps, ISIS was a legal sovereign. The idea that international law essentially cannot exist is supported by objections presented by H.L.A Hart. First and foremost, Lon Fuller presents eight principles of legality in The Morality of Law, which are fundamental to the rule of law, and seek to explore the inner morality of law.3 Furthermore, he claims that a system of rules that fails to satisfy these principles of legality cannot be properly called a legal system.4 Some of these requirements are as follows: rules cannot be kept secret and must be promulgated; rules cannot be retroactive, rules cannot be ambiguous but must be expressed in understandable terms; rules must not be contradictory, and last, rules must apply to not only citizens, but to those in authority as well.5 These fundamental principles can be used in comparison to determine if Sharia law (ISIS’s law of jurisprudence) fulfills legality. For example, ISIS does not have established/publicized sanctions allocated for specific crimes. Their punishments can vary from floggings and …show more content…
This question can be understood by using objections expressed in H.L.A Hart’s The Concept of Law. His objections highlight complications that emerge from the attempt to implement one supreme sovereign entity that effectively makes internal law.16 According to Hart, international law requires one knowing superior (who has the monopoly of force), which is inferior to no one else.17 Therefore, UN cannot make real international law because it is only superior to sovereign states that are bound to it via treaty. This causes the UN to lose validity as ‘overarching sovereign.’ Another example is the National Security Council (NSC), however it only has the power to block activity, not enforce. In addition, international law that holds superior to all states cannot necessarily exist because there is an absence of international legislature, general criteria for identifying rules, courts with compulsory jurisdiction and organized sanctions.18 Hart claims that it is logically impossible for states to be legally bound to international law unless the state has clearly entered in a relationship defined by a treaty. However, immense conflict arises when attempting to solve disputes that involve: states that are bound by a specific treaty and states that are not bound to the same treaty, or any treaty at all. This occurs because international law acts as a superior to the former, but
The UN has an agreement with all other nation states to not get in conflict with each other and to settle differences in meetings to prevent another world war. It also makes them stronger as a
September 11, 2001 evil struck the United States of America in the form of ruthless terrorism. Terrorism that was sent from a terrorist group called Al-Qaeda, and leader of Al-Qaeda Osama Bin Laden. On the morning of September 11, 2001 19 hijackers hijacked 4 fully flued commercial jet liners and deliberately crashed them in buildings around the east coast. Two planes crashed into both the south and north towers of the world center. Soon after, both towers collapsed to the ground killing over 2,000 people and injuring thousands more. In Washington D.C. a plane crashed into the pentagon killing 184 and injured dozens more. Sending fear throughout Washington D.C. of wondering where the next plane might hit dozens of buildings were evacuated
The structure and power of the UN Security Council is a major factor regarding how some states are able to exert power over the UN. For example, any permanent member of the UNSC (China, Russia, the US, Britain or France) can veto any resolution proposed as they please. As a result of this we have seen much needed resolutions been dropped due to permanent members vetoing due to national interests. In the case of the conflict in Syria, both resolutions proposed by the UNSC were vetoed by Russia and China as they went against their national interests. In this way, the permanent five members are certainly more powerful than the UN. Furthermore, states sovereignty imposes limits on the extent to which the UN can protect human rights. States sovereignty can also mean that states can refuse to sign international agreements that are seen as against their national interests. For example, the US’s refusal to ratify the Kyoto Protocol. Nevertheless, the UN does exhibit some power over states. It can authorise the use of force or peacekeepers or economic sanctions against states where internal conflict has occurred. For example, in 2006 the UNSC authorised the use of peacekeeping troops in Sudan in response to the conflict in Darfur. Similarly in 2011, the UNSC authorised the use of force to protect civilians against the attacks of the Gaddafi regime. Conclusively, although the UN has the ability to authorise various
The key drivers of uncertainty for ISIS in these scenarios include its ability to management its level fundamentalism and stability within its environment. Muslim conduct Islamic fundamentalism when they live and project on to others the original interpretation of Muhammed teachings. The most radical fundamentalism is Wahhabi or Salafist, supporting the conservative and extreme interpretation of the Quran and Sharia Law. ISIS uses its radical fundamentalist interpretation of Quran and Sharia Law to conduct its killing, caliphate and management its people. Due to its major combat losses, ISIS may want a less aggressive approach of fundamentalism to be more appealing to large portions of the Muslim community. The moderate fundamentalism approach used the both the uses the Quran and Sharia Law as well but used political governance or over more aggressive violence to achieve its strategic objectives. To regain personnel and strengthen its forces, ISIS may want to consider globalism over nationalism to improve stability. Although Globalism promotes international investment along with the spread of ideas and culture to other nations, ISIS may want to engage with Nationalism approach to strength it based in Iraq or Syria. All four scenarios review the importance of both fundamentalism and stability as major driving factors projecting the future of an uncertain
There have been a number of instances in which the United Nations is not effective in enforcing international law. They are not successful as states are able to decline the authority of the International Court of Justice to hear the case. This
The morning of September 1, 2004, a terrorist group encompassed children, parents, and faculty on the first day of the new school year at School Number One in Beslan, a Russian town in the republic of North Ossetia, and took them captive. This was just the beginning of the three horrific days that were experienced by more than one thousand people held hostage. Chechen separatists stormed the school on Wednesday morning. The standoff lasted until Friday when Russian Special Forces took back the school following a firefight. After the three days of psychological and physical torture, the total carnage left 331 people dead and over 700 people injured. This terrorist attack had left Russia in shambles with the same devastating impact that the 9/11
The Islamic State of Iraq and al-Sham, commonly known as ISIS, has frightened the whole world by committing attacks in the Middle East, Paris, and San Bernardino, California. ISIS claims to be the legitimate ruler of all Muslims and it operates the Muslim world. ISIS was able to expand as the result of local groups conflicts with Western interests. Daniel Byman declares that local groups are attracted to ISIS for genuine conviction. Particularly, young men believe that ISIS is the defender and avenger of Sunnis worldwide. On the other hand, some groups join ISIS for accessibility to financial and technical aid. While , ISIS grows beyond Iraq and Syria, religious intolerance is created. The group delivers its religious beliefs by barbarian acts, such as beheading and rape to intimidate their enemies and obtain supporters.
On November 13, 2015, a tragic event happened in the heart of Pairs. As the evening fell and the day was coming to an end, the public was in line for an unexpected attack. Shots began to fire throughout the capital as a well-organized terrorists group named ISIS began to fire at the citizens of Pairs. ISIS is a terrorist group who wants to take control over others and have power to overthrow the government. The attack in Pairs is an example of the organization skills as well as the type of power that the Islamic State has. The terrorist group ISIS has a long history which leads to the attacks in Pairs and what governments are doing about the threat.
Founded as the Islamic state of Iraq, ISIS has grown to power overtime as a nation through the use hegemonic masculinity. A splinter group of Al Qaeda, “ISIS aimed to unite one Islamic state under a dictator-like Muslim leader called a caliphate” (CNN). Through the use of social media and large global terrorist attacks, ISIS has gained power and new recruits. Over the past ten years the expansion of the nation-state has increased in size and power. The formation and development of the nation-state of ISIS is greatly influenced by hegemonic masculinity. The nation-state of ISIS if formed by social, political, and economic settings. These settings are shaped and affect by western hegemonic ideas of masculinity.
The group Islamic State of Iraq and Levant (ISIL) is a jihadist group predominantly active in the Middle Eastern countries of Iraq and Syria. In addition, the (ISIL) group is also attempting to gain authority over other countries in the neighboring region of Turkey, Jordan, Israel, and Iran. The Islamic State of Iraq and Levant’s expansion is fueled by political aspirations legitimized through fundamentalist Sunni views of religion. They claim that they are a religious movement that will establish once and for all, a universalist Islamic identity under the supreme leader, Al-Baghdadi who has self-proclaimed the title of Caliph, the rightful political and religious ruler of the universal Ummah. These actions have unleashed a wave of new violence against minority, ethnic, and religious groups as well as the beheading of several Western journalists and citizens. Their methods of coercion and violence are aimed at the fragmented political and religious groups trying to make sense of a regional sectarian conflict that has claimed millions of lives and displaced millions more into refugee sanctuaries. Furthermore, their movement is a response to Western political ideologies that have imposed political, social, and cultural norms that are inconsistent with Islamic religious views. First, through the Colonialist experience, and later through post-colonial, Cold War, post- Cold War and post 9/11 events.
The Islamic State, also known as the Islamic State in Iraq and Syria is a salafi- Jihadist militant organization that is present in both Syria and Iraq, but has affiliates in various other countries, their goal is the establishment and expansion of a caliphate. A Caliphate is an Islamic State that is led by a caliph, which is a Chief Muslim civil and religious leader. The Islamic state has disrupted international security with the violence, terrorism.
The United Nations, with its rigid moral and political limitations against force, has become a benchmark of peace and a social achievement of modern times. From war torn Europe, the United Nations developed from five major powers with an initial goal to prevent the spread of warfare through peaceful means and to establish and maintain fundamental human rights. Through the past fifty years, this organization has broadened its horizons with auxiliary organizations from peace keeping missions to humanitarian aid, to economic development. However, in a modern example of ethnic cleansing, the UN faces new a new role as a bystander as its power is bypassed by NATO forces. The UN, however, promises to be an
The so-called “Islamic State,” also known as ISIS (Islamic State in Iraq and Syria) or ISIL (Islamic State in Iraq and the Levant), has captivated the world’s attention as of late. Its brutal tactics, vehement opposition to western-influenced societal norms, and ultra-radical interpretation of Sharia law have sent scholars, journalists, government officials, and ordinary citizens into a frenzy trying to comprehend this troubling phenomenon. ISIS is responsible for countless atrocities to include horrific beheadings, immolation, and chilling video releases of hostages and ominous threats. It has proven keenly adept at recruiting new members to its cause; these members hail from many regions around the globe. Led by the
This paper will examine the legal status of the so-called Islamic State with the aim of determining whether it is recognised as having international legal personality. Focus will also be placed on the principles of international legal personality more broadly by providing a critique on the effectiveness of these concepts in international law. Firstly a brief overview of the Islamic State will be given outlining their stated goals and information important to supporting a claim of international legal personality. Secondly we will look at the classes of established legal persons before going into each in more detail. A major consideration of this research is whether the Islamic State could be recognised as a State in international law. In answering this question the traditional criteria for statehood set out in Article I of the Montevideo Convention on Rights and Duties of States 1933 (hereinafter Montevideo Convention) will be examined along with the relevant authorities and recent developments in regards to the criteria for statehood. Secondly the consequences of where the Islamic State fits within the international legal framework will be discussed. Finally the essay will look at the effectiveness of the concept of legal personality in international law particularly in the context of the conclusion reached in relation to the Islamic State. The writings of a number of authoritative international law academics along with a range of academic journal articles have been used to
The United Nations is widely regarded and respected as the most powerful institution that promotes international cooperation and human rights action. In theory, actions implemented by and within the United Nations are based on the mutual global goal of protecting international human rights and preventing human sufferings. These actions are constituted through three main mechanisms: the Treaty-based system, the Human Rights Council, and Security Council and Humanitarian Interventions, with the level of confrontation and seriousness in each mechanism increases respectively. While aimed to serve the mutual goal of protecting human rights over the world and have shown some successes, in a world of sovereignty, actions when implemented are in fact grounded by the national interests of each state, including embracing its national sovereignty, concreting its strategic relationships with other states, and enhancing its reputation in the international community. This paper will analyze the successes and failures of each of the three mechanisms of the United Nations regime, through which it aims to prove that when it comes to actions, states focus more on their national, and in some cases, regional interests than on the mutual goal of strengthening human rights throughout the world, thus diminishing the legitimacy of the whole United Nations system.