CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE USE OF FORCE AGAINST THE ISLAMIC STATE ȍ JUS AD BELLUM ASPECTSȎ subsequent sections discuss one by one all the legal grounds invoked in the debate and assess to what extent (and for which States) the justification based on them could hold. There is no doubt that UN collective actions, authorised by the UN Security Council under Chapter VII of the UN Charter, constitute a lawful exception to the prohibition of the use of force in international relations. Since the end of the ColdWar, the Security Council has shown an increased willingness to authorize States, groups of States or regional organizations to undertake such actions. Recent examples include the NATO intervention in Libya in 2011 or the French interventions in Mali in 2013 and Central African Republic in 2013. Over the past years, the UN Security Council has indeed adopted a host of resolutions relating to the situations in Syria and in Iraq and to the threats to international peace and security caused by terrorist acts. 51 Some of these resolutions have been adopted under Chapter VII and they impose upon States concrete obligations relating to the humanitarian crises in the Middle East generally and to the fight against the IS specifically. Resolution 2170, adopted on 15 August 2014, confirmed the extension to the IS of the sanction regime (“Al-Qaida sanctions”) established under resolution 1267 (1999), and modified by subsequent resolutions, especially resolutions 1989 (2011) and 2161 (2014). It did so on the grounds that the IS “is a splinter group of Al-Qaida”. 52 This confirmed that the IS could be considered as a terrorist group. Resolution 2253, adopted on 17 December 2015, renamed the regime to “ISIL (Da’esh) and Al-Qaida” sanctions. 53 The regime is administrated by a committee (“1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee”) which sets up the list of individuals and entities to which sanction measures shall be imposed and oversees the implementation of such measures. The sanction measures include asset freeze, travel ban and arms embargo. As of 28 April 2017, when the last update took place, the Sanction List contained the names of 255 individuals and 75 entities. The IS has been on the List since 18 October 2004 and it still figures there under its original name of the Al-Qaida in Iraq. 54 It is accepted today that in addition to imposing sanctions, “the Security Council can authorize military measures against terrorists” . 55 The Council was close to doing so, with respect to the IS, in its resolution 2249 of 20 November 2015. The resolution condemns terrorist attacks and other inhuman acts committed by the IS, reaffirms that those responsible for such acts must be held accountable, and “calls upon Member States that have the capacity to do so to take all necessary measures, in compliance with international law, in particular with the /UN/ Charter, 51 See UN Docs S/RES/2161 (2014), 17 June 2014; S/RES/2165 (2014), 14 July 2014; S/RES/2170 (2014), 15 August 2014; S/RES/2191 (2014), 17 December 2014; S/RES/2199 (2015), 12 February 2015; S/RES/2209 (2015), 6 March 2015; S/RES/2233 (2015), 29 July 2015; S/RES/2235 (2015), 7 August 2015; S/RES/2249 (2015), 20 November 2015; S/RES/2253 (2015), 17 December 2015; S/RES/2254 (2015), 18 December 2015; S/RES/2258 (2015), 22 December 2015; S/RES/2268 (2016), 26 February 2016; S/RES/2331 (2016), 20 December 2016. 52 UN Doc. S/RES/2170 (2014), 15 August 2014, par. 18. 53 UN Doc. S/RES/2253 (2015), 17 December 2015, par. 1. 54 One entity (Al-Nusrah Front for the People of the Levant) and 14 individuals have been listed in connection with the IS. 55 TAMS, Christian, The Use of Force Against Terrorists, European Journal of International Law, Vol. 20, 2009, p. 377. 3. The Use of Force against the Islamic State – UN Collective Action?

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