CYIL vol. 7 (2016)

JAN ONDŘEJ – MAGDA UXOVÁ

CYIL 7 ȍ2016Ȏ

they were committed. According to Randelzhofer,

it is not forbidden for a state

whose national becomes a victim of terrorist attacks to react by armed force against

the terrorists on the territory of another state. However, states who use armed force

often argue using their right to self-defence according to Article 51, even though the

conditions for its application are not completely fulfilled, because it is a legal use of

armed force according to the UN Charter.

Conclusion

On the basis of the above we can come to the conclusion that the militants of the

so called Islamic state commit acts which deny those values common to the whole

international community, all states. We believe that these values are recognized by

virtually all nations of the world. In this sense they are also values of the Islamic world.

Terrorism is not a feature of the Islamic world; it is something which has been forced

upon it. Something which became a defence against the obtrusion of certain values against

the injustice of the world and the West. The resolutions of the UN Security Council also

stress that terrorism, including the atrocities of ISIL, cannot and should not be linked

to any religion, nationality or civilization.

To use a figurative picture, the actions of the

Islamic state can be compared to the reaction of a weak child who does not want to obey

its strong and powerful guardian. This, however, may not justify a child who behaves

perversely or sadistically. Unlike a child who is not responsible for its acts, the atrocities

of the Islamic state can only be condemned and must be suppressed and the perpetrators

punished by the international community. Whatever the reasons that lead the Islamic

state to behave the way it does, there is no justification for its behavior and the behavior

of its militants. These acts are contradictory to the values of the international community

and should be punished. The Islamic state, therefore, should be defeated.

For the defeat of the Islamic state it is necessary to join the efforts of the states of

the international community, and, to reach this objective, it is necessary to overcome

thedifferences between some states. This can be resolved by necessary military means,

but most of all by non-military instruments. The local states should be involved in

the military solution. Western states, but also Russia can only provide air support,

intelligence and financial support. This assistance should be directed to real states,

not to local military groups that could change sides any time after the elimination of

the Islamic state and oppose their former allies and sponsors. What is crucial is to hit

the Islamic state in its sensitive area, which is the sources of its finance. It is necessary

to reduce the revenues of the Islamic state from the sale of crude oil, antiquities,

drugs and other activities. The solution to the problem also requires negotiations

with the presence of important states of the international community and local states

of the region, including the Syrian moderate opposition and the Syrian Assad regime.

SIMMA, B. (ed.):

The Charter of the United Nations a commentary

, second edition, Vol. I, Oxford :

University Press, 2002, p. 802.

UN Security Council resolution, S/RES/2170, 15. 8. 2014.