DiscussionResponse

A Response to “Is the Islamic State a State?”

Ralph asks “Is the Islamic State a State?” and his answer has three strings: First, he presents what he calls the advocatus diaboli opinion that all statehood requirements (territory, population, government) are fulfilled. Second, he explains the meaning of recognition as a requirement for the formation of a state. And third, he sets forth the legitimacy argument by concluding that because of the lack of the rule of law, the …

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DiscussionKick-off

Is the Islamic State a State?

The so-called Islamic State has triggered a wave of commentary ever since it emerged as one of the leading military groups in Syria and further captured vast parts of Iraqi territory in mid-2014. What seems to have received only little attention this far is its legal characterization.

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DiscussionResponse

Palestine’s statehood and its accession to the Rome Statute

A response to Robin Caballero Daniel Ventura Robin Caballero’s post highlighted the will of many national parliaments to see their state’s executive proceed to the legal recognition of Palestine. To recognize the legal status of a state, states make a subjective assessment of the fulfilment of the criterion which they consider probative for the purpose of statehood. Among the probative elements, acceding to an I.O. and becoming a party to …

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DiscussionKick-off

Palestine: Do the Recognitions of its Statehood by European National Parliaments matter?

On 17th December 2014, the European Parliament passed a resolution in favour of the recognition of Palestinian statehood. Since the beginning of Autumn 2014, many national Parliaments of the European Union (Spain, United Kingdom, France, Ireland, Portugal, Luxembourg) have passed resolutions inviting their executives to officially recognize Palestine as an independent State. The symbolic value of theses resolutions has often been emphasized. They constitute a further step in the progressive …

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