Volume 30, Issue 4 (2024)                   AIJH 2024, 30(4): 61-85 | Back to browse issues page


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fazaeli M, Yousef A. ISIS Violations of International Laws and the Possible Responsibility of the Syrian Government for Them. AIJH 2024; 30 (4) :61-85
URL: http://aijh.modares.ac.ir/article-31-65829-en.html
1- Associate Professor, Department of International Law, Faculty of Law, University of Qom, Qom, Iran , fazaeli2007@gmail.com
2- PhD Student, Public International Law, Faculty of Law, University of Qom, Qom, Iran
Abstract:   (180 Views)
Certainly ISIS in Syria carried out terrorist operations that can be classified at the same time as war crimes, crimes against humanity, and genocide. But the problem here is whether the actions of ISIS can be, as a failed insurgent group, attributed to the Syrian government. The study showed that the criminal and non-governmental acts of ISIS are not attributed to the Syrian government, and thus Damascus is not internationally responsible for them. Exceptionally, however, if the Syrian government fails or falls short in suppressing and prosecuting ISIS or granting amnesty to its members, their behavior can be attributed to the Syrian government and, the economic, administrative, and judicial violations that ISIS carried out on the lands under its control in Syria can be attributed to the Syrian government if the conditions of Article 9 of the draft articles on international responsibility are met. The basic issue is that, given the overthrow of the so-called ISIS rule and the non-existence of the Islamic State of Iraq and the Levant, who is the authority that would be responsible for the acts contrary to international law committed by that self-appointed government during its span? Therefore, the issue at hand is the international responsibility of the ISIS government, which no longer exists, but the criminal responsibility of ISIS members is another category and is not the subject of this research. While many papers have been written on criminal liability, but the issue of international responsibility due to the illegal actions of ISIS has not received special attention.


 
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Article Type: Original Research | Subject: Arts and Humanities (General)
Received: 2022/12/4 | Accepted: 2023/06/24 | Published: 2024/06/17

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