International humanitarian law principle of distinction in relation with ISIL in non-international armed conflicts

Abstract

After the devastation of the 20th-century armed conflicts, the human population wished that the 21st century would bring peace once and for all. However, this “utopia” soon was diminished as the influence of the terrorist groups like ISIL kept growing and became as a prominent feature of this century additionally to previously unknown implications of compliance with international law. International Humanitarian Law distinguishes several principles to ensure safety during armed conflicts, for example, the principle of distinction. However, ISIL is disregarding any internationally accepted norms due to Islam-based terroristic strategy, even though ISIL conducted actions are classified as non-international armed conflicts exercised by a non-governmental armed group, thus not falling under the scope of this principle. Therefore, broadening further discussion of counter-terrorism measures to be applied, and possible amendments within International Humanitarian Law to appropriately assess established issues nowadays.