Search: Syria Insta-Symposium

with the Syrian regime. However, the US strikes against the Syrian airbase in early April amounted to use of force against the Syrian regime and have initiated an international armed conflict between the two states in the sense of Common Article 2. The downing of an Iranian UAV in early June and of a second one two days after the shooting of the Syrian aircraft made it clear that these confrontations are no longer isolated incidents, but clashes in the context of an international armed conflict between Syria and the...

laws of other states, and those of New Zealand, our courts cannot take judicial notice of foreign law." (see http://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/Pre-2015%20Speeches/Brereton/brereton160511.pdf). That means that NCAT required proof of the law that applied to Sharrouf's conduct - most commonly, that is done by someone put on an affidavit explaining what the applicable law is. It would not be enough to simply submit, without evidence, that the act occurred in Syria, Syrian law therefore applied, and the conduct was a crime under Syrian law. All of those matters needed to be proved by...

...General Assembly to provide authority for the use of military force. This might allow the U.S. to seek GA endorsement of a strike against Syria due to the deadlock in the Security Council. As a practical matter, it is far from clear that a majority of the current GA would actually support the U.S. but even if it did, the legal significance of a GA act is uncertain to say the least. Still, something worth discussing. Unfortunately, the full article is not quite done but it will be out shortly....

[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...

This week, we are hosting a symposium on Curtis Bradley’s new book “International Law in the US Legal System“, published last month by Oxford University Press. OUP has kindly agreed to offer Opinio Juris readers a 20% discount, which you can access by clicking on the ad at the right. According to the abstract, the book explores the dynamic intersection between international law and the domestic legal system within the United States and covers both settled principles as well as unresolved issues and areas of controversy. Curtis Bradley considers all...

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in our fourth online symposium (previous symposia can be found here). This Monday, Tuesday, and Wednesday we will feature three Articles published by YJIL in Vol. 34, No. 2, which are available for download here. Our sincere thanks to Julian Ku and the rest of the Opinio Juris team for hosting this exciting discussion. On Monday, Evan J. Criddle (Syracuse University College of Law) and Evan Fox-Decent (McGill University Faculty of Law) will discuss...

priorities of the main session and some 50 side meetings. “It is really troubling that this situation is continuing without any immediate end to this crisis.” Attention is one thing, however, and progress something else entirely. Despite at least three high-level meetings on Syria, and countless other talks, not to mention day after day of speeches from presidents, kings and other potentates, no broad new initiatives are expected. “Everybody will think of Syria, everybody will speak of Syria, especially in the speeches to the General Assembly, but I don’t see...

it could also take this simple pledge not to use its veto in the face of atrocity crimes? Aside from legal questions as to the strike and whether or not it met appropriate criteria of legitimacy (as well as why the US is not doing more to solve the Syrian crisis or admit Syrian refugees as Harold H. Koh well asks), let us recognize that we are in a place we should never have reached. First, the Assad regime should never have been using chemical weapons against its own people...

There are many reasons to be skeptical of the Security Council referring the situation in Syria to the ICC, not the least of which is that an ICC investigation is unlikely to accomplish anything given the ongoing conflict. (One that Assad is almost certainly going to win.) But just in case that’s not enough, take a gander at this provision in the draft referral: [The Security Council] recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that...

express views about the zillions of confirmed news reports about the raid, and the anti-US protests in Syria, the Syrian government’s angry response, and Iran’s angry response. Yes, yes, he’s got an election to win. And I know it is politically advantageous to say nothing. But wouldn’t you like to know whether he thinks such raids are legal, appropriate, and/or necessary? That is the big question, and it would be nice if someone asked him, or if he would give us some hint of where he is going on this....

Bloomberg reports very disturbing statements made by a spokesperson for the Free Syrian Army: Communities inhabited by Shiite Muslims and President Bashar al-Assad’s Alawite minority will be “wiped off the map” if the strategic city of Al-Qusair in central Syria falls to government troops, rebel forces said. “We don’t want this to happen, but it will be a reality imposed on everyone,” Colonel Abdel-Hamid Zakaria, a spokesman for the Free Syrian Army in Turkey, told Al-Arabiya television yesterday. “It’s going to be an open, sectarian, bloody war to the end.”...

it wouldn’t be illegal.) So what do I think of the US-Russian deal? For what it is, and assuming Assad complies, it seems like a good idea. Anything that reduces Syria’s stockpiles of chemical weapons is positive. Although I don’t think Assad ordered the Damascus attack, I have no doubt he would use chemical weapons if (as seems unlikely at that this point) the rebels ever threatened to overthrow his regime. And of course someone in the Syrian military used chemical weapons, so it would be great if that could...