The Challenges in the International Prosecution of Crimes by ISIS

Abstract

The armed conflict in Syria, which has been ongoing since 2011, has given rise to numerous grave violations of international humanitarian law and human rights. One of the main actors responsible for these crimes is the extremist group Islamic State of Iraq and Syria (ISIS). This article aims to examine the enforcement of international law regarding crimes committed by ISIS in Syria. The research employed a normative approach, drawing data from primary sources—namely, statutes and international conventions on humanitarian law and human rights—as well as secondary sources from previous studies on this topic. The research findings indicate that there are several challenges in the enforcement of international law regarding war crimes committed by the terrorist group ISIS; one of the main obstacles is the limited jurisdiction of the International Criminal Court (ICC). This is because Syria is not a State Party to the Rome Statute. Furthermore, the unstable security situation in the conflict zone, difficulties in gathering admissible evidence, and a lack of coordination between states in prosecuting the perpetrators further complicate the law enforcement process. Nevertheless, the international community has taken several steps to address the crimes committed by ISIS, namely through global cooperation in eliminating the movement both in Syria and in various other countries