Search: Syria Insta-Symposium

...as a self-determination unit. In December 2015, the Security Council endorsed the Final Communiqué of the Action Group for Syria through Resolution 2254, reconfirming the legal or formal criteria of peoplehood; ‘the Syrian people [or the whole people of Syria] will decide the future of Syria’. The Syrian people encompass ‘[a]ll groups and segments of society’ (Final Communiqué) in the country. In actual international state practice, it has been outsiders who have decided who constitutes a people, not the peoples themselves. Groups have been designated as peoples on different territorial...

issue can be stressed strongly enough. As Jennifer notes, the letter explicitly calls for the UN to provide the Court with the funds it would need to investigate the Syria situation and to prosecute those it finds the most responsible for serious international crimes — something it failed to do with the Darfur and Libya referrals. (Mark Kersten has written endlessly and well about this.) I’d go farther than the letter: the Prosecutor should refuse to act on any Syria referral unless it is accompanied by the necessary funding. Although...

Last Friday, ASIL Insights published an article that I authored, “Legality of Intervention in Syria in Response to Chemical Weapon Attacks.” I followed it up yesterday was an expanded commentary at Lawfare, “Five Fundamental International Law Approaches to the Legality of a Syria Intervention.” A number of readers of the expanded Lawfare post queried me about remarks made near the end of that (lengthy) post concerning the role of the Security Council. Insofar as the disagreements about Syria are serious ones among the great powers, and among permanent five members...

...during which they speak about Palestine as Southern Syria or the kingdom of Faisal. After Faisal is kicked out of Damascus, the next conference doesn’t speak about being part of Syria or the kingdom of Feisal. In the summer of 1920 the episode is finished. Again: You will not find anything similar before 1918 or after 1920. But feel free to back your claim 1 example. The evidence of the forged identity of the “Palestinian people” is overwhelming only to people that know little about it. To have some preliminary...

it seems to me, is this: either the US believes in unilateral humanitarian intervention or it doesn’t. If it does, it should have been willing to use militarily force in Syria long ago, when tens of thousands of civilians were being indiscriminately slaughtered by the Syrian government. If it doesn’t, the fact that civilians are now being indiscriminately slaughtered by the Syrian government through the use of chemical weapons should be irrelevant. Murder by chemical weapons is terrible. But so is any kind of murder. As Walt says, “[d]ead is...

...The Strategic Culture Foundation, a Moscow-based think tank headed by former Politburo member Yuri Prokofiev, has explicitly drawn a parallel to Syria, noting that “the realization of a national radical project [in Ukraine] would have meant a second Syria, including acts of genocide, internal displacement, destruction of large industrial facilities, ripe with environmental and industrial disasters.” If the facts are relatively undisputed, why, then, have Russia and the West drawn such diametrically opposite normative assessments of the situation? First, Russia’s own well-documented efforts to stifle civil society have created a...

[Jeff Deutch, PhD, is Research Director at Mnemonic and co-founder of Syrian Archive. Libby McAvoy, Esq., is a legal fellow with Mnemonic and the Video as Evidence program at WITNESS.] Photo credit: Syrian Archive. Whether in Syria, Yemen, Sudan, Hong Kong, Myanmar, the United States, Nigeria, Brasil, or elsewhere, over the last ten years civil society actors have produced and shared more content documenting human rights violations than ever before in human history. Encouraged by domestic courts and international accountability mechanisms, the ask to activists and human rights defenders is...

Last week, Asaf Lubin offered a compelling post at Just Security wondering why Israel’s repeated attacks on Hezbollah arms shipments in Syria have not received the same kind of jus ad bellum scrutiny as the US’s recent attack on a Syrian airfield. Today, Charles Dunlap provides his answer on the same blog: the Israeli attacks are clearly legal, so why would anyone scrutinise them? Here are the relevant paragraphs: [I]t appears to me that the Israeli strike sought to destroy weapons in transit before Hezbollah can burrow them into densely-populated...

he claims that, in relationship to the situation in Syria, the Permanent Members “have exercised the veto exactly as anticipated when the UN Charter was negotiated.” In fact, current practice is far removed from the substance of the 1945 negotiations. Examining each of Russia’s 12 vetoes (sometimes joined by China) related to Syria, we see vetoes of resolutions to: (1) condemn continued widespread and gross violations of human rights and fundamental freedoms (draft resolution S/2011/612); (2) condemn bombing and shelling of population centers and condemn the detention of thousands in...

or appropriate as a course of action? If the United States maintains a military presence in Syria after the end of the conflict with ISIS, the only possible basis could be self-defense: Syria has not consented to the U.S. military currently being in or remaining in Syria and the U.N. Security Council has not authorized and is unlikely to authorize a multinational operation in Syria. Can self-defense be a justification for a state to use force to prevent the resurgence of conflict? Or to deny a safe haven to terrorist...

[ Vito Todeschini is an Associate Legal Adviser at the International Commission of Jurists’ MENA Programme] On 9 October 2019, Turkey launched operation “Peace Spring” in the territory known as Rojava, in north-east Syria. The operation aimed at driving the Kurdish-led People’s Protection Units (YPG) and Syrian Democratic Forces (SDF) out of a number of towns close to the Turkish border and to create a “safe zone” where to resettle Syrian refugees. After days of fighting, a United States-brokered ceasefire has temporarily halted major hostilities in view of the evacuation...

even in the Group of Friends of RtoP, there are states that find RtoP contentious. The practical and doctrinal fray increases after Libya, and Nahlawi excellently sets the stage for post-Libya UNSC dynamics and how the issues of intervention and regime change implicated in the international community’s response to Libya stymied UNSC action in Syria. But there is more to that story. Upon delving into the state practice and opinio juris behind Russia and China’s vetoes, which were purportedly to prevent military intervention and regime change in Syria, Nahlawi shows...