The extent to which the conditions for the description of a legitimate combatant are fulfilled against ISIS members under international humanitarian law

Abstract

Delving in this topic is one of the most complicated problems for the parties to any armed conflict, whether international or national, since the process of making an armed organization abide by the provisions set forth in international humanitarian law agreements dealing with the characterization of armed groups as being regular or not is not an easy thing. This requires an analysis of such conditions in accordance with these provisions based on an objective vision unaffected by political orientations. If we want to apply this general standard to a specific category of armed groups, ISIS will stand out. Therefore, the main problem of this topic lies in showing the extent to which the conditions that fighters should meet to become legitimate ones as set forth in international humanitarian law agreements apply to the members of this organization. The nature of this topic makes it imperative to start the study with the legal characterization of the armed conflict between this organization and the armed forces of any country and identifying such conditions in light of the above-mentioned agreements before showing the actual legal characterization of the members of that organization, and whether such conditions apply or not to those fighters.