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The main objective of this article is to analyze the possibility of the jurisdiction of the International Criminal Court over the Islamic State. The Court is the only existing legal instrument capable of punishing those who commit crimes elevated to universal character by the International Community. The proposed theme is treated by scholars and scientists due to its actuality and recent terrorist attacks of the terrorist organization in the West and East. The article refers mainly to the effectiveness of the jurisdiction of the Rome Statute, exposing the peculiar characteristics of the Islamic State and the possibility of punishment of Western countries attacked by the Islamic State that prefer the use of force over the use of the legal legal instrument.