An analysis of the impact of trans-boundary terrorist groups on the law of armed conflict: The case of the Islamic States in Iraq and Syria (ISIS) (2014-2016).

Abstract

The objective of this research was to investigate how the activities of ISIS are inimical or in conflict with the law of armed conflict. The central issue to the study was to analyse how the activities of ISIS affect the law of armed conflict. The questions looked at are: what is conflict? ; had the law of conflict envisaged the ISIS scenario? The research looked at whether religious fundamentalism is a basis for waging a war and whether an armed group can claim statehood on the basis of religion. What are the implications of Boko Haram’s allegiance to ISIS? Is the Anti-Coalition fighting a Just war? The scarcity of information about the impact of ISIS on the law of armed conflict inspired the researcher to add value. The research used qualitative research methods. A case study was used as a research design. The researcher used mainly secondary methods of collecting data. The secondary methods of collecting data used are books, journal articles, online articles and newspapers. In selecting these documents, the researcher used judgmental sampling which is a non-probability sampling technique. The data collected was analysed and presented in a thematic approach. The theories which were buttressing the study are the just war theory and Clausewitzan theory. The just war theory is an offspring of Liberal School of Thought while Clausewitzan theory is an offspring of Realist school of thought. Findings of the study support the hypothesis. The study revealed that ISIS is a threat to the law of armed conflict. This was buttressed by information from various reports. The use of terror by ISIS is inconsistent with the law of armed conflict. The inherent use of weapons of mass destruction by ISIS is also in conflict with the law of armed conflict. The means and methods of warfare used by ISIS are impermissible under the law of armed conflict. ISIS had also made international headlines for recruiting and enlisting children. The use of children as soldiers is prohibited by the law of armed conflict. A general analysis of ISIS activities reflects that, the group has violated peremptory norms under international law or jus cogens.