The International Criminal Court’s Counteraction to the Spread of ISIS Crime

The aim of this study is to confront the International Criminal Court with the spread of ISIS crime. The emergence and spread of ISIS in Iraq and Syria and the commission of heinous and organized crimes such as genocide, war crimes, and crimes against humanity have forced the international community to consider solutions to prosecute and punish the perpetrators of these crimes. However, no serious and effective action has been taken at the international level to try ISIS members in the International Criminal Court so far. This study shows that numerous obstacles at the political and judicial levels have prevented the establishment of an international court to investigate ISIS crimes. The present study, using a descriptive-analytical method, has evaluated various solutions, including the establishment of a hybrid court, an International Islamic Court, an ad hoc international court of the United Nations Security Council, and the Permanent International Criminal Court. The findings indicate that although all of these options have the necessary legal conditions, the hybrid court is the most appropriate and practical option for prosecuting ISIS crimes. The international community expects the governments of Iraq and Syria, in cooperation with the international community, to prosecute and try ISIS members in an international court.