Striking a balance in the need for upholding basic principles of international humanitarian law in the fight against terrorism

Abstract

Following the 9/11 attack, the world entered into a global fight against terrorist organizations and state sponsoring terrorism. The fight has started in 2001 in Afghanistan against Al-Qaeda and the Taliban and later extended to Iraq in 2003. However, the creation of the Islamic State (ISIS) and other terrorist organizations shifted both terrorism and the fight against terrorism to a different level. As a result, the world is under the Global Fight against International Terrorism (GFIT). The GFIT has posed so many problems in the application of the rules of International Humanitarian Law (IHL). Therefore, this article, doctrinally, discusses the changes and analyzing them according to the rules of IHL. Accordingly, the violations of the basic principles of IHL will be discussed.

Keywords: Global Fight against International Terrorism (GFIT), Military Necessity, Humanity, Distinction, International Humanitarian Law (IHL).