International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello

This book examines the legal aspects of the war with Islamic State, focusing on the aim of the Islamic State to create an effective government with an economically independent regime. It explores the contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs and the obligation to protect civilian objects. It argues that legal theory and state practice are problematic in determining how and under what conditions states can justify resorting to military force in foreign territory and targeting natural resources as part of state property. The book offers a comprehensive study to close the gaps in jus in bello by contextualizing the questions of civilian protection, victimization, and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources occupied by ANSAs.

\n Format: Hardback
\n Length: 208 pages
\n Publication date: 12 August 2021
\n Publisher: Bloomsbury Publishing PLC
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Armed non-state actors (ANSAs) frequently pursue economic objectives that international law must address. This book examines the Islamic State's goal of establishing an effective government with an economically independent regime that prioritized key oilfields in Syria and Iraq. After examining Islamic State's pursuit of energy resources in Iraq and Syria, the book explores the legality of the war against Islamic State from various legal perspectives. It has attempted to delve into the most contentious aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs and the obligation to protect civilian objects, including the natural environment. The question arises whether targeting energy resources should be considered a violation of the laws of armed conflict, even though the war against Islamic State is classified as a non-international armed conflict.

The study is ambitious in scope and argues that legal theory and state practice are still problematic in determining how and under what conditions states can justify resorting to military force in foreign territory and to what extent they can target natural resources as part of state property. Furthermore, it examines the differences between international and non-international armed conflicts to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualizing the questions of civilian protection, victimization, and state responsibility by evaluating the US's war-sustaining theory as a justificatory framework.

\n Weight: 474g\n
Dimension: 164 x 241 x 20 (mm)\n
ISBN-13: 9781509950515\n \n