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JAN ONDŘEJ – MAGDA UXOVÁ CYIL 7 ȍ2016Ȏ
civilians who are not enjoying the protection of international humanitarian law and
are therefore under the jurisdiction of the separate states.
The acts of the Islamic state and its fighters are punishable by law. UN Security
Council Resolution No. 2170 of 2014 recalled that gross, systematic and widespread
abuse” of human rights by the Islamic State in Iraq and the Levant (ISIL, also known as
ISIS) and their attacks against civilians on the basis of ethnic or religious identity might
constitute crimes against humanity and stressed the need to bring those perpetrators,
including foreign fighters, to justice. The Security Council urges all States to cooperate
in efforts to find and bring to justice individuals, groups, undertakings and entities
and to prevent the breaches of human rights. On the basis of the UN Security Council
resolutions some acts of a fighter of the so called Islamic state are considered crimes
against humanity. They may be even considered war crimes. As a consequence, these
individuals can be criminally persecuted by the states of the international community
and prosecution by international crime tribunals cannot be excluded. We can conclude
that Islamic state is the terrorist organization.
3. The fight of the international community against the Islamic state
At present Western powers are waging war against the Islamic state in the Middle
East. In the most optimistic scenario the Western powers should try to prevent the
atrocities which occurred on the territory of the Islamic state. Provided the situation
were resolved and the terrorists were either arrested or eliminated, terrorism in the
Western world would not have a chance to succeed. That would be the ideal situation.
However, the current state of affairs is different and we are in no way able to approach
the ideal situation. It is questionable whether those interventions against the Islamic
state are only conducted with the aim of only alleviating the suffering of the civilian
population in their respective territory or for other strategic reasons. The Western
world may follow its own economic and political objectives. The situation can also be
viewed as if the USA were not interested in defeating the Islamic state and, as there
are no extreme confrontations and fights where the radicals would be killed, their
self-assurance and belief in their faith and ideology are increasing. Some even believe
that they secretly support the Islamic state.40 Terrorists receive huge financial support
from the Wahhabi Kingdom of Saudi Arabia.41 On the other hand, the position of
the president of Syria Bashar al-Assad can be seen as a genuine effort to fight against
the Islamic state. A part of the Syrian territory was occupied by the Islamic state
and its population lives under oppression. The Syrian effort to re-establish order
40 Izraelský expert: USA nechtějí porazit Islámský stát. Rusko v Sýrii řeší své zájmy. A přestaňme před-
stírat, že Turecko je náš spojenec. Parlamentní [online]. 2015 [cit. 2016-05-20]. Accessible at:
Rusko-v-Syrii-resi-sve-zajmy-A-prestanme-predstirat-ze-Turecko-je-nas-spojenec-410163.
41 TODENHÖFER, Jürgen. Inside IS – 10 dnů v „Islámském státě“. Překlad Vítězslav Čížek. Vydání
první. Praha: Ikar, 2015. p. 24.