The Islamic State of Horror – Who is Responsible for Atrocities Committed in the Territory of the Self-Declared Islamic State (Daesh)?

Abstract

This article discusses international responsibility for atrocities committed in the territories controlled by the Islamic State, in Iraq and Syria, between 2014 and 2017. It suggests that the Islamic State can be held responsible for acts committed by its members since they are considered as agents of the group, and in addition that there can be attribution of terrorist attacks committed outside Iraq and Syria when these acts were later adopted and acknowledged by the Islamic State as its own. Finally, as a complementary regime, the article discusses criminal enforcement. It suggests that the Security Council will make a referral to the International Criminal Court, based on a functional approach that allows for a nuanced analysis and promotes accountability.