The Islamic State and International Law: An Ideological Rollercoster?

Abstract

This paper is a work-in-progress piece that examines questions raised by the rise of ISIS and the announcement of the formation of a Caliphate. For example, has a State been formed in accordance with the norms of international law - the Montevideo Criteria - and how the answer to this question affects the 'Great Debate' surrounding the theories of recognition. The paper also highlights or raises questions that need to be answered in other areas such as: can an entity be defined as a State in view of potential or alleged breaches of human rights law or international humanitarian law? Can a proto-State or an unrecognised entity be tried for 'war crimes'? The paper argues that if international law is to remain credible in the twenty-first century it must address these questions.