TERRORISM AS CORE INTERNATIONAL CRIMES : THE CASE OF FOREIGN TERRORIST FIGHTER (FTF) OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS)

Abstract

Since it had established a caliphate in 2014,  Islamic State of Iraq and Syria (ISIS) continued to threaten the international peace and security by attacking and killing civilians.  ISIS foreign terrorist fighters (FTFs)  are ISIS members  who have combat functions. Altough it is a serious crime, terrorism has not yet been recognized as a stand-alone core international crimes  according to customary international law. The fact that ISIS is referred to as a terrorist groups, not a state-entity, has also raised a question of whether ISIS FTFs  can only be prosecuted for committing terrorism related offences. This paper argues that  terrorism acts by ISIS FTFs  can fit the element of the existing core international crimes such as crimes against humanity, war crimes and genocide  To this end, this paper elaborates the most common offences committed by ISIS FTFs and  analyses  element of  each of  core international crimes.  This paper concludes that  ISIS FTFs should be held liable for those core international crimes and  prosecuted before national and international criminal court accordingly.