Open AccessApplicability of the international humanitarian law to the fight against the Islamic State during the 2013-2017 conflict in Iraq
Author(s) -
Krystian Mularczyk,
Karolina Saska
Publication year - 2021
Publication title -
scientific journal of the military university of land forces
Language(s) - English
Resource type - Journals
eISSN - 2545-0719
pISSN - 2544-7122
DOI - 10.5604/01.3001.0015.0151
Subject(s) - international humanitarian law , international law , law , geneva conventions , political science , jus ad bellum , state (computer science) , islam , humanitarian intervention , government (linguistics) , armed conflict , public international law , sharia , use of force , geography , linguistics , philosophy , archaeology , algorithm , computer science
The article addresses the applicability of international humanitarian law during the armed conflict in Iraq in 2013-2017 waged against the Islamic State. The paper answers how to classify this conflict against the background of the law of armed conflict. The argumentation for considering it as a non-international conflict with the Islamic State and the Iraqi government as parties is presented. The discussed failure to recognize the Islamic State's status as a state within the meaning of international law does not classify the armed conflict as international. The classification has not been changed by the United States and allied states' intervention, which, as one at the invitation of the Iraqi government, does not mean qualifying the conflict as international. The article also discusses the scope of the norms of international humanitarian law that apply to the conflict in question. It primarily concerns Article 3 that is common to the Geneva Conventions and customary law. Protocol II supplementing the provisions of the Geneva Conventions will not apply as Iraq is not a signatory to it.