Análise jurídica da JIHAD: o combate ao terrorismo internacional com base na atuação do DAESH

Abstract

The present research focuses on the legal analysis of the acts perpetrated by Daesh. In fact, this is the highest point in the historical development of Islamic terrorism, bringing with it new methods to achieve its goals, standing out traditional warfare. Unlike the other terrorist groups, the Daesh uses, in addition to punctual attacks, a war of conquest to accomplish their own jihad. It seeks, therefore, to frame the Daesh and its acts in the International Law, with the purpose of seeking the most suitable persecutory means to judge its militants. It is an essentially bibliographical research based on books and academic articles. It also made use of news and opinion articles to address the historical part, in addition to consulting international treaties. It was concluded with the work that International Law, despite the lack of a consensual definition of what terrorism is, already has mechanisms to judge Daesh militants, which, depending on the case, may apply the principle of universal jurisdiction Or the attraction of the jurisdiction of the International Criminal Court.