Search: Syria Insta-Symposium

Karen De Young and Missy Ryan have a long article today in the Washington Post about internal USG debates over the rules of engagement in Syria. It’s a very interesting and generally excellent article, but it contain one major error: International law allows for civilian casualties, even intentional ones, providing an action is within the bounds of distinction and proportionality, a somewhat subjective judgment that the military importance of the target is worth it. No, international law does not allow intentional civilian casualties. Intentionally attacking civilians violates IHL’s principle of...

Sorry for the endless self-promotion, but I thought readers might be interested in the following episode of Al Jazeera’s Inside Story, which includes a 30-minute panel on siege warfare in Syria that I participated in. It was quite a wide-ranging discussion, focusing less on international law than I expected. https://www.youtube.com/watch?v=fM8PwT9hz3c&feature=youtu.be As always, comments welcome! I hope readers don’t think I was too soft on either Assad or the UN…...

Normally, we post our conference announcements weekly, but we just got word of one tomorrow that’s worth flagging. The British Institute of International and Comparative law (BIICL) will be holding a Rapid Response Seminar tomorrow, September 11, from 4-6 pm to discuss ‘Humanitarian Intervention, International Law and Syria’. As the title suggests, the conversation will discuss whether humanitarian intervention falls within the corpus of international law and, if so, whether it can be applied to the current Syrian situation. Robert McCorquodale (BIICL) will chair the panel, with scheduled speakers including...

...and militias as local counter-insurgents. The US provided support to a range Syrian nonstate armed groups, from select groups of the Free Syrian Army, to prolonged support to the Kurdish-led Syrian Democratic Forces in northeast Syria. In addition to such large-scale support, US Special Forces and intelligence agents have regularly turned to militias, clan forces, tribal groups, or nonstate (or questionably quasi-state) armed groups as auxiliary forces for global counter-terrorism missions. This has been prominent in Afghanistan, Somalia, Syria, Iraq, and Libya, but may also have taken place in any...

[Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva.] A few days ago, US Army Lieutenant Colonel Shane Reeves and Lieutenant Colonel Ward Narramore published a harsh criticism of the U.N. Commission of Inquiry (COI) on Syria for its “emphatic, and faulty, conclusion that the U.S. violated the Law of Armed Conflict (LOAC)” in an airstrike that hit a religious complex in the village of Al-Jinah. The two authors challenge both the factual and the legal findings of the...

operation into Northern Syria. The United States Armed Forces will not support or be involved in the operation, and United States forces, having defeated the ISIS territorial “Caliphate,” will no longer be in the immediate area.’ The long-planned operation to which the White House statement referred was Erdogan’s plans to create a 20-mile buffer, or ‘safe zone’, within the Kurdish-controlled area of Syria in which the Turkish military plans to resettle the nearly 3.6 million Syrian refugees currently sheltered in southeastern Turkey. According to Erdogan, the Turkish military plans to...

in the blogs, for example by Dov Jacobs here and Kevin here. Nonetheless, for a Council that is deeply engaged with Syria, yesterday’s Security Council session marked another defeat for the people of Syria. Despite widespread member state support starting in 2013 for a referral, see this letter signed by 57 states to the Security Council, and reports that 60 states supported the referral yesterday, the meeting marked the fourth time Russia and China vetoed resolutions involving Syria, and the first time the veto has been used on a proposed...

said. The plan currently under consideration is for the U.N. General Assembly to adopt a resolution inviting one of Syria’s neighbors, probably Jordan or Turkey, to work with the U.N. Secretary General to establish a so-called hybrid court, comprised of local, international, and Syrian prosecutors and judges. The court would be funded by voluntary contributions from governments that support the effort. Lynch notes that a hybrid tribunal for Syria would be a first for the UNGA, because — unlike the Special Court for Sierra Leone and the Extraordinary Chambers in...

There are lots of initial takes on the legality of the Syria strike. (I see, just now, a great compendium of short takes at Just Security.) Some ask for a legal justification, and other experts are holding (for a bit) until one is proffered. As the posts below by Deborah Pearlstein and Julian Ku helpfully indicate, one thing to watch for is assumed or disputed equivalencies between the positions of the United States as it contemplated these questions in 2013 and as it now confronts them. Other unfolding differences, naturally,...

...view that “by exercise of authority one should mean not only the display of sovereign or other powers (lawmaking, law enforcement, administrative powers, etc.) but also any exercise of power, however limited in time (for instance, the use of belligerent force in an armed conflict). And btw, Uganda-Gaza (360 km2) and Syria(Golan) are misleading comparisons. Matthew Mainen The ICJ case was in 2004. Israel Withdrew from Gaza in 2005. Israel most certainly does not manage civilian life in Gaza. It has zero control over day-to-day life in Gaza inasmuch as...

[Gabor Rona is a Visiting Professor of Law and Director of the Law and Armed Conflict Project at Cardozo Law School. Jocelyn Getgen Kestenbaum is an Assistant Clinical Professor of Law and Director of the Cardozo Law Institute in Holocaust and Human Rights, Cardozo School of Law.] “It’s not war. We haven’t gone to war against Syria.” These are the quoted words of former legal advisor of the U.S. Department of State Harold Koh in a recent New Yorker article addressing the legality of the April 6 U.S. missile strike...

Yes, according to Secretary of State John Kerry: Secretary of State John Kerry told House Democrats that the United States faced a “Munich moment” in deciding whether to respond to the alleged use of chemical weapons by the Syrian government. In a 70-minute conference call on Monday afternoon, Kerry derided Syrian President Bashar Assad as a “two-bit dictator” who will “continue to act with impunity,” and he urged lawmakers to back President Barack Obama’s plan for “limited, narrow” strikes against the Assad regime, Democratic sources on the call said. Kerry’s...