Abstract [eng] |
This master thesis provides analysis and the legal assessment of the response to the attacks of the Islamic State based on international law, scientific literature, and case law. Numerous United Nations Security Council resolutions have been analyzed in this context. This work talks about the formation of the "Islamic State", its growth and the struggles of Iraq and Syria against the "Islamic State" and how foreign states have joined them. The paper examines the concept of terrorism and terrorist organization and whether the "Islamic State" could be considered as such. The paper analyzes the basics of the use of armed force in the fight against the "Islamic State" and its fighters. The second part of the work deals with the principle of prohibition of force and threats of force, the principles of self-defence, humanitarian intervention and the sanction of the United Nations Security Council for the use of armed force. Analyzing these areas, the concept of aggression, collective self-defence, and the norm of responsibility to protect were examined in the work. An analysis of the United Nations Charter, United Nations Security Council Resolutions, and other specialized literature provides a legal assessment of the force and threat of force, self-defence, and humanitarian intervention, as well as a United Nations Security Council sanction for the use of force. If the actions of the United States and its coalition meet the criteria for humanitarian intervention, they can use humanitarian intervention argument in the fight against the "Islamic State." The use of armed force by the United States and the accompanying anti-terrorist coalition in the Syrian and Iraqi states can be justified by collective self-defense. To date, there are no United Nations Security Council resolutions that firmly enshrine the use of sanctioned weapons against the Islamic State and its militants. The analyzed work allows to draw conclusions about the existence of the "Islamic State" as a terrorist organization and allows to provide a legal assessment of the use of armed force against the "Islamic State". |