CYIL vol. 8 (2017)

VERONIKA BÍLKOVÁ

CYIL 8 ȍ2017Ȏ

5. The Use of Force against the Islamic State – Self-Defence? Apart from intervention by invitation, self-defence has been invoked as the main legal ground to justify the use of force against the IS. More specifically, the US and several other members of the CJTF–OIR coalition as well as Turkey have repeatedly relied on self-defence, in both its individual or collective form, to justify military actions in Syria. This ground has also been discussed at length in scholarly literature. 87 5.1 Self-Defence in its Individual and Collective Form? The claim of individual self-defence relates to the threat that the IS pose to the intervening country. The US, in its letter to the UN Secretary General dated 23 September 2014, stated that “ISIL and other terrorist groups in Syria are a threat not only to Iraq, but also to many other countries, including the United States and our partners in the region and beyond. States must be able to defend themselves, in accordance with the inherent right of individual and collective self-defence”. 88 The UK invoked individual self-defence in September 2015 with respect to a specific precision air strike which was allegedly “carried out /…/against an ISIL vehicle in which a target known to be actively engaged in planning and directing imminent armed attacks against the United Kingdom was travelling. This air strike was a necessary and proportionate exercise of the individual right of self-defence of the United Kingdom” . 89 In a letter addressed to the UN, also submitted in September 2015, France, in a more ambiguous language, referred to “a direct and extraordinary threat to the security of France” . 90 The claim of collective self-defence relies on the international assistance provided to Iraq at its request. Iraq, indeed, sent two letters to the UN, dated 25 June and 20 September 2014, respectively. In the first letter, Iraq stated that it “has been subjected to terrorist attacks for nearly a decade by Al-Qaida, which has renamed itself ISIL. The situation has become more serious over the past two years, as ISIL has repeatedly launched attacks against Iraqi territory from eastern Syria”. 91 Due to this, Iraq „request/ed/ urgent assistance from the international community”. 92 In the second letter, Iraq repeated that “ISIL has established a safe haven outside Iraq’s borders that is a direct threat to the security of our people and territory” 93 and confirmed that “it is for these reasons that we, in accordance with international law and the /…/ agreements, and with due regard for complete national sovereignty and the Constitution, have requested the United States of America to lead international efforts to strike ISIL sites and military strongholds, with our express 87 TSAGOURIAS, Nicholas, Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule, Leiden Journal of International Law, Vol. 29, 2016, pp. 801-825. 88 UN Doc. S/2014/695, Letter dated 23 September 2014 from the Permanent Representative of the United States of America to the United Nations addressed to the Secretary-General, 23 September 2014. 89 UN Doc. S/2015/688, Letter dated 7 September 2015 from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council, 8 September 2015. 90 UN Doc. S/2015/745, Identical letters dated 8 September 2015 from the Permanent Representative of France to the United Nations addressed to the Secretary-General and the President of the Security Council, 9 September 2015. 91 UN Doc. S/2014/440, Letter dated 25 June 2014 from the Permanent Representative of Iraq to the United Nations addressed to the Secretary-General, 25 June 2014. 92 Ibidem. 93 UN Doc. S/2014/691, Letter dated 20 September 2014 from the Permanent Representative of Iraq to the United Nations addressed to the President of the Security Council , 22 September 2014.

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