Is Ablis a Kafir?

The Muslim who knows Islam to be, I call him a Muslim meaning he calls himself Muslim. But what is the difference between Abu Talib and such a Muslim? In that they both recognize Allah is one. We know this. Abu Talib did not worship idols. His poetry is pure to hate. He knows idolatry is ridiculous. They recognize the Prophet system is a true prophet but the both of them are refusing to submit to the laws of Islam. And in fact the one who says he's not a Muslim linguistically it makes more sense because he understands what a Muslim is. So he said I haven't submitted so I'm not a Muslim.