Summary: Does Al Qaeda Posses International Legal Personality

Name – Sidharth Choudhary Roll no.- 1037

Does Al Qaeda posses international legal personality?

Before answering the question let us briefly discuss the concept of legal personality in international law. A legal personality is a capacity to enjoy international rights and being subject to international duties. Earlier only states were considered as subjects of international law and only capable to posses international personality but inclusion of non state actors (ngos, international organisation) have made the concept ambiguous. There are 2 categories under which legal personality is acquired:-

1) Qualified personality- it exists only in relation between

for all subjects in essence of international law. Clearly a terrorist group like Al Qaeda which aims only at destruction of all non islamic entities can never act in essence of other subjects with such aim. Furthermore no legal person will invite it’s destruction by havingrlation with such cladistine organization nor would it injure its own international reputation by bringing a claim for a terrorist organization. The reparation case was th first to talk about objective

Example international committee for red cross has acquired it under 1949 Genva convention on red cross. Each and every treaty is consistent with purposes of UN which expressly and impliedly aims at destruction of terrorism. Thus the question of assigning a right to Al Qaeda under treaty cannot arise. As far the recognition is concerned terrorists may have a claim if recognition of belligerency and insurgency i.e. those revolting against government or established authority. It should be noted here that terrorism is much extreme and advance stage then insurgency and belligerency. It is a matter of great debate whether terrorists come under belligerents or insurgents making them entitle to certain international immunity. The decision as to whether the organization itself qualifies the terrorist combatant for prisoner of war status should be governed by the humanitarian concerns which militate toward allowing an individual terrorist to be considered a prisoner of war, so long as he conducts his operations in accordance with the laws of war. Terrorists never really abide by the Geneva convention or international laws. Whereas the claim of statehood is concerned Al Qaeda contrary to Taliban never made such claim in fact it never made any demand on international or national platform. Only remain engaged in war with unreal and