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Attack On ISIS

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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

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