Misplaced Pages

#713286

98-716: The VStGB was created to bring the German criminal law into accordance with the Rome Statute of the International Criminal Court . It was announced on 26 June 2002 and became law 30 June 2002. The VStGB covers the following offenses: None of these are subject to a statute of limitations (§ 5). The general principles of criminal law under the Strafgesetzbuch (German penal code) remain applicable, unless otherwise provided (§ 2). As

196-520: A Caliphate , IS borrowed the idea of restoration of a global Caliphate. Although the religious character of IS is mostly Wahhabi, it departs from the Wahhabi tradition in four critical aspects: dynastic alliance, call to establish a global caliphate, sheer violence, and apocalyptism. IS did not follow the pattern of the first three Saudi states in allying the religious mission of the Najdi ulema with

294-414: A caliphate , an Islamic state led by a group of religious authorities under a supreme leader – the caliph – who is believed to be the successor to Muhammad . In June 2014, ISIL published a document in which it claimed to have traced the lineage of its leader al-Baghdadi back to Muhammad, and upon proclaiming a new caliphate on 29 June, the group appointed al-Baghdadi as its caliph. As caliph, he demanded

392-415: A suicide vest , deliberately killing both himself and two children who had been living in the compound prior to the assault. U.S. President Donald Trump stated in a televised announcement that Baghdadi had, in fact, died during the operation and that American forces used support from helicopters, jets and drones through airspace controlled by Russia and Turkey. He said that "Russia treated us great... Iraq

490-554: A State Party requests an investigation. Otherwise, the Prosecutor must seek authorization from a Pre-Trial Chamber of three judges to begin an investigation proprio motu (on its own initiative). The only type of immunity the ICC recognizes is that it cannot prosecute those under 18 when the crime was committed. In particular, no officials – not even a head of state – are immune from prosecution. The Rome Statute established three bodies:

588-566: A Syrian human rights lawyer living in exile in Germany, provided testimony as a witness on "the horrors and the bureaucratic structures of Assad's jails and torture chambers", based on his five years as a prisoner in Syria and from his legal experience in representing victims. Bunni worked with prosecutors to help find witnesses willing to testify in the trial. In a landmark ruling in February 2021,

686-511: A U.S.-led raid in Syria. In 2014, The Wall Street Journal estimated that eight million people lived in the Islamic State. The United Nations Commission on Human Rights has stated that IS "seeks to subjugate civilians under its control and dominate every aspect of their lives through terror, indoctrination, and the provision of services to those who obey". Civilians, as well as the Islamic State itself, have released footage of some of

784-462: A cabinet of senior leaders, while its operations in Iraq and Syria are controlled by local 'emirs,' who head semi-autonomous groups which the Islamic State refers to as its provinces. Beneath the leaders are councils on finance, leadership, military matters, legal matters (including decisions on executions) foreign fighters' assistance, security, intelligence and media. In addition, a shura council has

882-684: A crackdown on protests. In 2017, the Higher Regional Court in Stuttgart found a 24-year-old Syrian national guilty under the VStGB of being an accessory to a war crime against the United Nations Disengagement Observer Force (UNDOF) that involved kidnapping of Canadian peacekeeper Carl Campeau for ransom, three counts of attempted robbery by blackmail and grievous unlawful detention during

980-571: A definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time. It also adopted an expansion of the list of war crimes. Amendments to the statute were proposed to implement these changes. As of October 2024 , 125 states are parties to the Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and

1078-531: A disadvantage to foreign members, with some native Syrian fighters resenting "favouritism" allegedly shown towards foreigners over pay and accommodation. In August 2016, media reports based on briefings by Western intelligence agencies suggested that IS had a multilevel secret service known in Arabic as Emni , established in 2014, that has become a combination of an internal police force and an external operations directorate complete with regional branches. The unit

SECTION 10

#1732765492714

1176-555: A doctor at a military prison and hospitals in Homs and Damascus in 2011 and 2012. In February 2020, the Higher Regional Court in Frankfurt indicted Taha al-Jumailly, an Iraqi national who allegedly left a 5-year-old Yazidi girl he and his wife kept as a slave in Iraq to die of thirst in the heat, on charges of murder, membership of a foreign terrorist organization, genocide, crimes against humanity, war crimes and human trafficking. In what

1274-447: A hybrid of Salafism , Salafi jihadism , Islamic fundamentalism , Wahhabism , and Qutbism , as well as other doctrines. According to Robert Manne, there is a "general consensus" that the ideology of the Islamic State is "primarily based upon the writings of the radical Egyptian theoretician Sayyid Qutb ". The Muslim Brotherhood began the trend of political Islamism in the 20th century, seeking gradual establishment of

1372-482: A journalist writing on Salafi jihadism , has written that IS's goal is to "terrorize, mobilize [and] polarize". Its efforts to terrorise are intended to intimidate civilian populations and force governments of the target enemy "to make rash decisions that they otherwise would not choose". It aims to mobilise its supporters by motivating them with, for example, spectacular deadly attacks deep in Western territory (such as

1470-835: A lawyer in 2003. Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome , Italy on 17 July 1998 and it entered into force on 1 July 2002. As of October 2024, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure . The Rome Statute established four core international crimes: genocide , crimes against humanity , war crimes , and

1568-527: A lengthy battle that saw massive destruction to the city, the Syrian Democratic Forces (SDF) announced the full capture of Raqqa from IS. From 2013 to 2019, IS was headed and run by Abu Bakr al-Baghdadi , the Islamic State's self-styled Caliph . Before their deaths, he had two deputy leaders, Abu Muslim al-Turkmani for Iraq and Abu Ali al-Anbari (also known as Abu Ala al-Afri) for Syria, both ethnic Turkmen . Advising al-Baghdadi were

1666-484: A life sentence for Murwanashyaka with no conditional release after 15 years and 12 years in prison for Musoni. In September 2015, the accused were eventually sentenced to 13 and 8 years in prison. In May 2021, ten Belarusians asked the Public Prosecutor General to open a criminal investigation against President Alexander Lukashenko and security officers for alleged crimes against humanity during

1764-485: A new Caliphate , a comprehensive Islamic society ruled by sharia law. Qutb's doctrines of jahiliyya (pre-Islamic ignorance), hakimiyya (divine sovereignty), and takfir of entire societies formed a radicalized vision of the Muslim Brotherhood's political Islam project. Qutbism became the precursor to all jihadist thought, from Abdullah Azzam to Zawahiri and to Daesh. Alongside Sayyid Qutb,

1862-471: A novelty under German criminal law, provisions on superior responsibility are established (§§ 4, 13, 14). Acting upon superior orders may only exculpate a perpetrator of international crimes in exceptional circumstances (§ 3). According to § 1, genocide, crimes against humanity, and war crimes are subject to universal jurisdiction , thus German courts can punish offenses committed by foreign citizens abroad. Prosecutorial jurisdiction lies with

1960-604: A permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes , such as crimes against humanity , war crimes and crimes of aggression , the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court". The Rome Statute

2058-592: A potential leader or opponent". In Raqqa , after rebel forces drove out the Bashar al-Assad regime and ISIL infiltrated the town, "first dozens and then hundreds of people disappeared". Security and intelligence expert Martin Reardon has described IS's purpose as being to psychologically "break" those under its control, "so as to ensure their absolute allegiance through fear and intimidation", while generating "outright hate and vengeance" among its enemies. Jason Burke ,

SECTION 20

#1732765492714

2156-641: A significant following in northern and Sahelian Africa, where IS still controls a significant territory. Originating in the Jaish al-Ta'ifa al-Mansurah founded by Abu Omar al-Baghdadi in 2004, the organisation (primarily under the Islamic State of Iraq name) affiliated itself with al-Qaeda in Iraq and fought alongside them during the 2003–2006 phase of the Iraqi insurgency . The group later changed their name to Islamic State of Iraq and Levant for about

2254-616: A strategy of attack outside its territory in which fighters would "Diversify and widen the vexation strikes against the Crusader-Zionist enemy in every place in the Islamic world, and even outside of it if possible, so as to disperse the efforts of the alliance of the enemy and thus drain it to the greatest extent possible." The group has been accused of attempting to "bolster morale" and distract attention from its loss of territory to enemies by staging terror attacks abroad (such as

2352-403: A terrorism analyst and the co-founder of SITE Intelligence , noted that the alleged statement used a different font when compared to other statements and it was never distributed on Amaq or IS channels. On 29 October 2019, Trump stated on social media that al-Baghdadi's "number one replacement" had been killed by American forces, without giving a name. A U.S. official later confirmed that Trump

2450-505: A terrorist organisation by the United Nations and others, IS—during its rule in northern Iraq—launched genocides against Yazidis and Iraqi Turkmen ; engaged in persecution of Christians , Shia Muslims , and Mandaeans ; publicised videos of beheadings of soldiers, journalists, and aid workers; and destroyed several cultural sites . The group has also perpetrated terrorist massacres in territories outside of its control, such as

2548-458: A worldwide caliphate . The name "Islamic State" and the group's claim to be a caliphate have been widely rejected, with the UN, various governments, and mainstream Muslim groups refusing to use the new name. The group's declaration of a new caliphate in June 2014 and its adoption of the name "Islamic State" have been criticised and ridiculed by Muslim scholars and rival Islamists both inside and outside

2646-463: A year, before declaring itself to be a worldwide caliphate , called simply the Islamic State ( الدولة الإسلامية , ad-Dawlah al-Islāmiyah ). As a caliphate, IS demanded the religious, political, and military obedience of Muslims worldwide , despite the rejection of its legitimacy by mainstream Muslims and its statehood by the United Nations and most governments. Designated

2744-408: Is considered as the key inspiration for early figures of IS. Al-Muhajir's legal manual on violence, Fiqh ad-Dima ( The Jurisprudence of Jihad or The Jurisprudence of Blood ), was adopted by IS as its standard reference for justifying its extraordinary acts of violence. The book has been described by counter-terrorism scholar Orwa Ajjoub as rationalising and justifying "suicide operations,

2842-647: Is represented by the symbolism in the Black Standard variant of the legendary battle flag of Muhammad that it has adopted: the flag shows the Seal of Muhammad within a white circle, with the phrase above it, " There is no god but Allah ". This symbolism is said to symbolize IS's belief that it represents the restoration of the caliphate of early Islam , with all the political, religious and eschatological ramifications that this would imply. Abu Abdullah al-Muhajir, an Egyptian Jihadist theoretician and ideologue

2940-531: Is some dispute over the identity of the seven countries that voted against the treaty. It is certain that the People's Republic of China, Israel, and the United States were three of the seven because they have publicly confirmed their negative votes. India, Indonesia, Iraq, Libya, Qatar, Russia, Saudi Arabia, Sudan, and Yemen have been identified by various observers and commentators as possible sources for

3038-517: Is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of the 19th century, the international community took the first steps toward the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences of 1899 and 1907, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit

Völkerstrafgesetzbuch - Misplaced Pages Continue

3136-511: The 2016 Berlin truck attack , the 6 June 2017 attacks on Tehran , the 22 May 2017 bombing in Manchester , and the 3 June 2017 attacks in London that IS claimed credit for). IS has been described as a terrorist group adhering to Salafi jihadism . Raqqa in Syria was under IS control from 2013 and in 2014 it became the group's de facto capital city. On 17 October 2017, following

3234-784: The Al Saud family , rather they consider them apostates. The call for a global caliphate is another departure from Wahhabism. The caliphate, understood in Islamic law as the ideal Islamic polity uniting all Muslim territories, does not figure much in traditional Najdi writings. Ironically, Wahhabism emerged as an anti-caliphate movement. Although violence was not absent in the First Saudi State, Islamic State's displays of beheading, immolation, and other forms of violence aimed at inspiring fear are not in imitation of early Saudi practices. They were introduced by Abu Musab Al-Zarqawi, former leader of Al-Qaeda in Iraq, who took inspiration from

3332-467: The Islamic State of Iraq and the Levant ( ISIL ), the Islamic State of Iraq and Syria ( ISIS ), the Islamic State of Iraq and al-Sham ( ISIS ) and by its Arabic acronym Daesh , is a transnational Salafi jihadist group. IS gained global prominence in 2014, when its militants conquered large territories in northwestern Iraq and eastern Syria, taking advantage of the ongoing civil war in Syria and

3430-829: The Netherlands , the United Kingdom and the United States of America . During its 52nd session, the UN General Assembly decided to convene a diplomatic conference "to finalize and adopt a convention on the establishment of an international criminal court". The conference was convened in Rome from 15 June to 17 July 1998. It was attended by representatives from 161 member states, along with observers from various other organizations, intergovernmental organizations and agencies, and non-governmental organizations (including many human rights groups) and

3528-510: The November 2015 Paris attacks ), to polarise by driving Muslim populations – particularly in the West – away from their governments, thus increasing the appeal of IS's self-proclaimed caliphate among them, and to: "Eliminate neutral parties through either absorption or elimination". Journalist Rukmini Maria Callimachi also emphasises IS's interest in polarisation or in eliminating what it calls

3626-817: The November 2015 Paris attacks , the 2024 Kerman bombings in Iran, and the 2024 Crocus City Hall attack in Russia. After 2015, the Iraqi Armed Forces and the Syrian Democratic Forces pushed back IS and degraded its financial and military infrastructure, assisted by advisors, weapons, training, supplies, and airstrikes by the American-led coalition , and later by Russian airstrikes, bombings, cruise missile attacks, and scorched-earth tactics across Syria, which focused mostly on razing Syrian opposition strongholds rather than IS bases. By March 2019, IS lost

3724-548: The Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002,

3822-651: The Public Prosecutor General . Competent courts at first instance are the Oberlandesgerichte (Higher Regional Courts). The prosecution of crimes committed outside German jurisdiction is limited by § 153f of the German Criminal Procedural Code, which gives the Public Prosecutor General a wide discretion of when to open a case via universal jurisdiction, if the offender is not of German nationality. So far

3920-510: The Syrian civil war In April 2020, proceedings were launched at the Higher Regional Court in Koblenz against Anwar Raslan and Eyad al-Gharib , two suspected members of President Bashar al-Assad 's security services, on charges of crimes against humanity, rape, aggravated sexual assault and murder, making them the first trial for war crimes by Syrian government agents . Anwar al-Bunni ,

4018-490: The United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016 —have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of

Völkerstrafgesetzbuch - Misplaced Pages Continue

4116-428: The crime of aggression . Those crimes "shall not be subject to any statute of limitations ". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to jurisdictions of domestic courts. The court has jurisdiction over crimes only if they are committed in

4214-410: The "grey zone" between the black (non-Muslims) and white (IS). "The gray is moderate Muslims who are living in the West and are happy and feel engaged in the society here." A work published online in 2004 entitled Management of Savagery ( Idarat at Tawahoush ), described by several media outlets as influential on IS and intended to provide a strategy to create a new Islamic caliphate, recommended

4312-433: The 'Daesh cutthroats'." Retired general John Allen , the U.S. envoy appointed to co-ordinate the coalition; U.S. Army Lieutenant General James Terry , head of operations against the group; and Secretary of State John Kerry had all shifted towards use of the term Daesh by December 2014, which nonetheless remained a pejorative in 2021. The ideology of the Islamic State , or Islamic Statism has been described as being

4410-463: The Court. The Rome Statute outlines the ICC's structure and areas of jurisdiction. The ICC can prosecute individuals (but not states or organizations) for four kinds of crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are detailed in Articles 6, 7, 8, and 8 bis of the Rome Statute, respectively. They must have been committed after 1 July 2002, when

4508-477: The Egyptian Jihadi scholar, Abu Abdallah Al Muhajir. It is the latter's legal manual on violence, popularly known as Fiqh ad-Dima (The Jurisprudence of Blood), that is the Islamic State's standard reference for justifying its acts of violence. The Islamic State's apocalyptic dimension also lacks a mainstream Wahhabi precedent. IS aims to return to the early days of Islam, rejecting all innovations in

4606-538: The End Times fill Islamic State propaganda. It's a big selling point with foreign fighters, who want to travel to the lands where the final battles of the apocalypse will take place. The civil wars raging in those countries today [Iraq and Syria] lend credibility to the prophecies. The Islamic State has stoked the apocalyptic fire. ... For Bin Laden's generation, the apocalypse wasn't a great recruiting pitch. Governments in

4704-761: The ICC itself, the Assembly of States Parties (ASP), and the Trust Fund for Victims. The ASP has two subsidiary bodies. These are the Permanent Secretariat, established in 2003, and an elected Bureau which includes a president and vice-president. The ICC itself has four organs: the Presidency (with mostly administrative responsibilities); the Divisions (the Pre-Trial, Trial, and Appeals judges);

4802-402: The International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked on the draft for two years from 1996 to 1998. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia ( ICTY ) and for Rwanda ( ICTR ) using statutes—and amendments due to issues raised during pre-trial or trial stages of the proceedings—that are quite similar to

4900-546: The Middle East two decades ago were more stable, and sectarianism was more subdued. It was better to recruit by calling to arms against corruption and tyranny than against the Antichrist. Today, though, the apocalyptic recruiting pitch makes more sense than before. Since at latest 2004, a significant goal of the group has been the foundation of a Sunni Islamic state . Specifically, ISIL has sought to establish itself as

4998-726: The Muslim lands were dealt with, according to the Islamist manual Management of Savagery . Documents found after the death of Samir Abd Muhammad al-Khlifawi, a former colonel in the intelligence service of the Iraqi Air Force before the US invasion who had been described as "the strategic head" of ISIL, detailed planning for the ISIL takeover of northern Syria which made possible "the group's later advances into Iraq". Al-Khlifawi called for

SECTION 50

#1732765492714

5096-569: The Office of the Prosecutor; and the Registry (whose role is to support the other three organs). The functions of these organs are detailed in Part 4 of the Rome Statute. Any amendment to the Rome Statute requires the support of a two-thirds majority of the states parties, and an amendment (except those amending the list of crimes) will not enter into force until it has been ratified by seven-eighths of

5194-453: The Public Prosecutor General had German police detain a Gambian man suspected of participating in crimes against humanity, including the killing of journalist Deyda Hydara , as a driver in the elite guard of former President Yahya Jammeh . In 2023, Higher Regional Court in Celle convicted him to life in prison for his role in the murders of at least three of Jammeh's opponents and an attack on

5292-645: The Public Prosecutor General's office has suspended persecator measures for 128 cases brought to its attention involving international crimes pursuant to the German International Criminal Code. In May 2011, the trial of two Rwandan citizens, Ignace Murwanashyaka and Straton Musoni, began before the Higher Regional Court in Stuttgart . This was the first trial under the VStGB in Germany. Prosecutors had pushed for

5390-489: The Qur'an and Muslim traditions. Abu Omar al-Baghdadi , the first Emir of the Islamic State of Iraq , was radicalised as a Muslim Brotherhood member during his youth. Motaz Al-Khateeb states that religious texts and Islamic jurisprudence "alone cannot explain the emergence" of Daesh since the Muslim Brotherhood and Daesh "draw on the same Islamic jurisprudence" but "are diametrically opposite" in strategy and behavior. Through

5488-495: The Rome Statute came into effect. The ICC has jurisdiction over these crimes in three cases: first, if they took place on the territory of a State Party; second, if they were committed by a national of a State Party; or third, if the crimes were referred to the Prosecutor by the UN Security Council. The ICC may begin an investigation before issuing a warrant if the crimes were referred by the UN Security Council or if

5586-576: The Rome Statute. The UN’s International Law Commission (ILC) considered the inclusion of the crime of ecocide to be included within the Draft Code of Crimes Against the Peace and Security of Mankind, the document which later became the Rome Statute. Article 26 (crime against the environment) was publicly supported by 19 countries in the Legal Committee but was removed due to opposition from

5684-547: The Salafi-jihadi movement that evolved out of the Afghan jihad. One difference between IS and other Islamist and jihadist movements, including al-Qaeda , is the group's emphasis on eschatology and apocalypticism – that is, a belief in a final Day of Judgment by God. IS believes that it will defeat the army of "Rome" at the town of Dabiq . The noted scholar of militant Islamism Will McCants writes: References to

5782-436: The US Joint Special Operations Command . On 30 November 2022, IS announced that their unidentified leader had been killed in battle and named a successor, providing no additional information other than his pseudonym . A spokesman for U.S. Central Command confirmed that IS's leader had been killed in mid-October by anti-government rebels in southern Syria. On 16 February 2023, senior IS leader Hamza al-Homsi blew himself up in

5880-417: The US State Department, David Kilcullen , has said that "There undeniably would be no Isis if we had not invaded Iraq." It has been reported that Iraqis and Syrians have been given greater precedence over other nationalities within IS because the group needs the loyalties of the local Sunni populations in both Syria and Iraq in order to be sustainable. Other reports, however, have indicated that Syrians are at

5978-445: The United Nations headquarters in New York City, bringing the total number of signatories to sixty, which was the minimum number required to bring the statute into force, as defined in Article 126. The treaty entered into force on 1 July 2002; the ICC can only prosecute crimes committed on or after that date. The states parties held a Review Conference in Kampala , Uganda from 31 May to 11 June 2010. The Review Conference adopted

SECTION 60

#1732765492714

6076-416: The United States to combat terrorism. Russia had previously claimed Baghdadi was killed in May 2019 by their airstrike. In September 2019, a statement attributed to IS's propaganda arm, the Amaq news agency , claimed that Abdullah Qardash was named as al-Baghdadi's successor. Analysts dismissed this statement as a fabrication, and relatives were reported as saying that Qardash died in 2017. Rita Katz ,

6174-453: The United States, Canada, Turkey, Australia, the United Kingdom, and other countries generally call the group ISIL, while much of the Arab world uses the Arabic acronym Dāʻish or Daesh. France's Foreign Minister Laurent Fabius said: "This is a terrorist group and not a state. I do not recommend using the term Islamic State because it blurs the lines between Islam, Muslims, and Islamists. The Arabs call it 'Daesh' and I will be calling them

6272-590: The allegiance of all devout Muslims worldwide according to Islamic jurisprudence ( fiqh ). ISIL has detailed its goals in its Dabiq magazine, saying it will continue to seize land and take over the entire Earth until its: Blessed flag...covers all eastern and western extents of the Earth, filling the world with the truth and justice of Islam and putting an end to the falsehood and tyranny of jahiliyyah [state of ignorance], even if America and its coalition despise such. According to German journalist Jürgen Todenhöfer , who spent ten days embedded with ISIL in Mosul ,

6370-415: The court sentenced al-Gharib to 4 + 1 ⁄ 2 years in prison for aiding and abetting crimes against humanity through torture and the deprivation of liberty. In January 2022, proceedings were launched at the Higher Regional Court in Frankfurt am Main against a Syrian doctor, Alaa M., suspected of crimes against humanity, including torturing opponents of Syrian President Bashar al-Assad while working as

6468-423: The current Saudi Arabian government in that category. IS believes that only a legitimate authority can undertake the leadership of jihad and that the first priority over other areas of combat, such as fighting non-Muslim countries, is the purification of Islamic society. For example, IS regards the Palestinian Sunni group Hamas as apostates who have no legitimate authority to lead jihad and see fighting Hamas as

6566-466: The definition of the crime of aggression , that were only solved with diplomatic assemblies in the years following the statute's coming into force. The geopolitical tensions of the Cold War also contributed to the delays. In December 1989, Trinidad and Tobago asked the General Assembly to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft statute. The General Assembly created an ad hoc committee for

6664-584: The disintegrating local military forces of Iraq. By the end of 2015, its self-declared caliphate ruled an area with a population of about 12 million, where they enforced their extremist interpretation of Islamic law , managed an annual budget exceeding US$ 1   billion, and commanded more than 30,000 fighters. After a grinding conflict with American, Iraqi, and Kurdish forces, IS lost control of all its Middle Eastern territories by 2019, subsequently reverting to insurgency from remote hideouts while continuing its propaganda efforts . These efforts have garnered

6762-430: The first step towards confrontation by IS with Israel. Yemeni journalist Abdulelah Haider Shaye said: The Islamic State was drafted by Sayyid Qutb, taught by Abdullah Azzam, globalized by Osama bin Laden, transferred to reality by Abu Musab al-Zarqawi, and implemented by al-Baghdadis: Abu Omar and Abu Bakr. The Islamic State added a focus on sectarianism to a layer of radical views. In particular, it linked itself to

6860-565: The group adopted the name ad-Dawlah al-Islāmiyah fī 'l-ʿIrāq wa-sh-Shām ( الدولة الإسلامية في العراق والشام ). As al-Shām is a region often compared with the Levant or the region of Syria , the group's name has been variously translated as "Islamic State of Iraq and al-Sham ", "Islamic State of Iraq and Syria" (both abbreviated as ISIS), or "Islamic State of Iraq and the Levant" (abbreviated as ISIL). In 2014, Dar al-Ifta al-Misriyyah dubbed ISIS as QSIS for "al-Qaeda Separatists in Iraq and Syria", arguing that ISIL does not represent

6958-429: The group from official Saudi religious beliefs. What connection, if any, there is between Salafi-Jihadism of IS and Wahhabism and Salafism proper is disputed. IS borrowed two elements of Qutbism and 20th century Islamism into its version of Wahhabi worldview. While Wahhabism shuns violent rebellion against earthly rulers, IS embraces political call to revolutions. While historically Wahhabis were not champion activists of

7056-514: The group whilst speaking amongst themselves, although—and to a certain extent because⁠—it is considered derogatory, as it resembles the Arabic words Daes ("one who crushes, or tramples down, something underfoot") and Dāhis (loosely translated as "one who sows discord"). Within areas under its control, ISIL considers use of the name Daesh punishable by flogging . In late June 2014, the group renamed itself ad-Dawlah al-Islāmiyah ( lit.   ' Islamic State ' or IS), declaring itself

7154-426: The hard-line ideology of al-Qaeda and many other modern-day jihadist groups. For their guiding principles, the leaders of the Islamic State ... are open and clear about their almost exclusive commitment to the Wahhabi movement of Sunni Islam. The group circulates images of Wahhabi religious textbooks from Saudi Arabia in the schools it controls. Videos from the group's territory have shown Wahhabi texts plastered on

7252-485: The infiltration of areas to be conquered with spies who would find out "as much as possible about the target towns: Who lived there, who was in charge, which families were religious, which Islamic school of religious jurisprudence they belonged to, how many mosques there were, who the imam was, how many wives and children he had and how old they were". Following this surveillance and espionage would come murder and kidnapping – "the elimination of every person who might have been

7350-647: The last of its territories in West Asia , although its affiliates maintained a significant territorial presence in Africa as of 2024. The Islamic State, abbreviated IS, is also known as the Islamic State of Iraq and the Levant (ISIL / ˈ aɪ s ɪ l / ), the Islamic State of Iraq and Syria (ISIS / ˈ aɪ s ɪ s / ), and by its Arabic acronym Da'ish or Daesh ( داعش , Dāʿish , IPA: [ˈdaːʕɪʃ] ), and also as Dawlat al-Islam (Arabic: دولة الإسلام). In April 2013, having expanded into Syria,

7448-468: The members of its military and security committees and the majority of its emirs and princes—are former Iraqi military and intelligence officers, specifically former members of Saddam Hussein 's Ba'ath government who lost their jobs and pensions in the de-Ba'athification process after that regime was overthrown. The former Chief Strategist in the Office of the Coordinator for Counterterrorism of

7546-537: The most invoked ideological figures of IS include Ibn Taymiyya , Abdullah Azzam, and Abu Bakr Naji . Although IS claims to adhere to the Salafi theology of Ibn Taymiyyah , it rejects traditional Salafi interpretations as well as the four Sunni schools of law, and anathematizes the majority of Salafis as heretics . IS ideologues rarely uphold adherence to Islamic scholarship and law manuals for reference, mostly preferring to derive rulings based on self-interpretation of

7644-442: The mutilation of corpses, beheading, and the killing of children and non-combatants." His theological and legal justifications influenced IS, al-Qaeda, and Boko Haram , as well as several other jihadi terrorist groups. Numerous media outlets have compared his reference manual to Abu Bakr Naji 's Management of Savagery , widely read among IS's commanders and fighters. IS adheres to global jihadist principles and follows

7742-679: The official statement of beliefs originally released by al-Baghdadi in 2007 and subsequently updated since June 2014, ISIL defined its creed as "a middle way between the extremist Kharijites and the lax Murji'ites ". ISIL's ideology represents radical Jihadi-Salafi Islam, a strict, puritanical form of Sunni Islam . Muslim organisations like Islamic Networks Group (ING) in America have argued against this interpretation of Islam . ISIL promotes religious violence , and regards Muslims who do not agree with its interpretations as infidels or apostates . According to Hayder al Khoei, IS's philosophy

7840-472: The other four negative votes, with Iraq, Libya, Qatar, and Yemen being the four most commonly identified. Explanations of Vote was publicly declared by India, Uruguay, Mauritius, Philippines, Norway, Belgium, United States, Brazil, Israel, Sri Lanka, China, Turkey, Singapore, and the United Kingdom. On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at

7938-466: The religion, which it believes corrupts its original spirit. It condemns later caliphates and the Ottoman Empire for deviating from what it calls pure Islam and seeks to revive the original Qutbist project of the restoration of a global caliphate that is governed by a strict Salafi-Jihadi doctrine. Following Salafi-Jihadi doctrines, IS condemns the followers of secular law as disbelievers, putting

8036-454: The resolution there was a hope for an effort from the Legal U.N. commission in that direction. The U.N. General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second draft followed in 1955 but there were a number of delays, officially due to the difficulties in

8134-685: The right to defense and the presumption of innocence . The Nuremberg trials marked a crucial moment in legal history , and after that, some treaties that led to the drafting of the Rome Statute were signed. UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide , was the first step toward the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In

8232-548: The sides of an official missionary van. According to The Economist , Saudi practices followed by the group include the establishment of religious police to root out "vice" and enforce attendance at Salah prayers, the widespread use of capital punishment , and the destruction or re-purposing of any non- Sunni religious buildings. Bernard Haykel has described IS leader Abu Bakr al-Baghdadi's creed as "a kind of untamed Wahhabism". Senior Saudi religious leaders have issued statements condemning IS, and attempting to distance

8330-400: The states parties. A state party which has not ratified such an amendment may withdraw with immediate effect. Any amendment to the list of crimes within the jurisdiction of the court will only apply to those states parties that have ratified it. It does not need a seven-eighths majority of ratifications. Islamic State Primary target of The Islamic State ( IS ), also known as

8428-402: The task of ensuring that all decisions made by the governors and councils comply with the group's interpretation of sharia . While al-Baghdadi had told followers to "advise me when I err" in sermons, according to observers "any threat, opposition, or even contradiction is instantly eradicated". According to Iraqis, Syrians, and analysts who study the group, almost all of IS's leaders—including

8526-513: The territory it controls. In a speech in September 2014, United States President Barack Obama said that ISIL was neither Islamic (on the basis that no religion condones the killing of innocents) nor a state (in that no government recognises the group as a state), while many object to using the name Islamic State owing to the far-reaching religious and political claims to authority which that name implies. The United Nations Security Council ,

8624-547: The territory of a state party or if they are committed by a national of a state party. An exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council . The Rome Statute established four core international crimes: (I) Genocide , (II) Crimes against humanity , (III) War crimes , and (IV) Crime of aggression . Following years of negotiation, aimed at establishing

8722-464: The use of technologically advanced weapons. After the Nuremberg trials of Nazi leaders, international institutions began prosecuting individuals responsible for crimes against humanity which are inhumane actions that may be legal in a given nation, but represent gross human rights violations. In order to re-affirm basic principles of democratic civilisation, the accused received a regular trial,

8820-466: The vast majority of Muslims. While the use of either one or the other acronym has been the subject of debate, the distinction between the two and its relevance has been considered less important. Of greater relevance is the name Daesh, which is an acronym of ISIL's Arabic name ad-Dawlah al-Islamīyah fī l-ʻIrāq wa-sh-Shām. Dāʿish ( داعش ), or Daesh. This name has been widely used by ISIL's Arabic-speaking detractors, for example when referring to

8918-451: The view he kept hearing was that ISIL wants to "conquer the world", and that all who do not believe in the group's interpretation of the Quran will be killed. Todenhöfer was struck by the ISIL fighters' belief that "all religions who agree with democracy have to die", and by their "incredible enthusiasm" – including enthusiasm for killing "hundreds of millions" of people. When the caliphate

9016-496: Was believed to be under the overall command of IS's most senior Syrian operative, spokesman and propaganda chief Abu Mohammad al-Adnani until his death by airstrike in late August 2016. On 27 October 2019, the United States conducted a special operation targeting al-Baghdadi's compound in Barisha , Idlib , Northwest Syria. The attack resulted in al-Baghdadi's death ; caught by surprise and unable to escape, al-Baghdadi detonated

9114-578: Was excellent. We really had great cooperation" and Turkey knew they were going in. He thanked Turkey, Russia, Syria, Iraq and the Syrian Kurdish forces for their support. The Turkish Defence Ministry also confirmed on Sunday that Turkish and U.S. military authorities exchanged and coordinated information ahead of an attack in Syria's Idlib. Fahrettin Altun , a senior aide to Turkish President Tayyib Erdogan, also stated, among other things, that "Turkey

9212-512: Was held at the headquarters of the Food and Agriculture Organization of the United Nations, located about 4 km away from the Vatican (one of the states represented). On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining. By agreement, there was no official record of each delegation's vote regarding the adoption of the Rome Statute. Therefore, there

9310-618: Was proclaimed, ISIL stated: "The legality of all emirates, groups, states and organisations becomes null by the expansion of the khilafah's [caliphate's] authority and the arrival of its troops to their areas." This was a rejection of the political divisions in Southwestern Asia that were established by the UK and France during World War I in the Sykes–Picot Agreement . All non-Muslim areas would be targeted for conquest after

9408-421: Was proud to help the United States, our NATO ally, bring a notorious terrorist to justice" and that Turkey "will continue to work closely with the United States and others to combat terrorism in all its forms and manifestations." Kremlin spokesman Dmitry Peskov declined to say if the United States had told Russia about the raid in advance but said that its result if confirmed, represented a serious contribution by

9506-404: Was referring to IS spokesman and senior leader Abul-Hasan al-Muhajir , who was killed in a U.S. airstrike in Syria two days earlier. On 31 October, IS named Abu Ibrahim al-Hashemi al-Qurayshi as Baghdadi's successor. On 3 February 2022, it was reported by a US official that al-Hashimi killed himself and members of his family by triggering an explosive device during a counter-terrorism raid by

9604-467: Was the first genocide verdict against a member of Islamic State , the court found al-Jumailly guilty in 2021 of involvement in the slaughter of more than 3,000 Yazidis and enslavement of 7,000 women and girls by IS jihadists in 2014–15. In 2024, German police arrested an Iraqi couple alleged to be Islamic State members, on suspicion of genocide and crimes against humanity for enslaving two Yazidi girls between 2015 and 2017 in Iraq and Syria. In March 2021,

#713286