KAJIAN YURIDIS TERHADAP ISIS (ISLAMIC STATE OF IRAQ AND SYRIA) DITINJAU DARI SEGI HUKUM INTERNASIONAL

Abstract

ABSTRACT Recognition of the existence of a state in international law is one of the conditions for the establishment of a state, both dejure and de facto. As a country according to the 1933 Montevideo Convention According to Article 1 of the 1933 Montevideo Convention, in its international existence the Islamic State of Iraq and Syria (ISIS) is not a country and is not included in the requirements of the 1933 Montevideo Convention. Problem Formulation 1) Process Formation of ISIS (Islamic State of Iraq and Syria) as a State Judging from the 1933 Montevideo Convention? 2) Juridical Study of ISIS (Islamic State Of Iraq And Syria) in terms of international law? This study uses a normative juridical. using primary legal material data sources, secondary legal materials, and tertiary legal materials data were collected through document studies. Based on research 1) The proclamation of ISIS as a state contradicts all elements of the formation of a state according to the 1933 Montevideo Convention. The status of a subject of international law as a country cannot be attached to ISIS. 2) Recognition of the existence of a state in international law is one of the conditions for the establishment of a state, both dejure and de facto. In addition to the recognition of the existence of the state, in international law there are various other types of recognition and one of them is the acknowledgment of the existence of the rebel movement.