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...

...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...

...self-defense against the non-state actor who is DPAA are not measures against the territorial state. Kevin Jon Heller The next time Syria uses a chemical weapon to defend itself against an armed attack, I look forward to your argument that Syria's "inherent right of self-defence" has "primacy" over its obligations under the Chemical Weapons Convention. Xavier @ Jordan: Would you apply the standard that you are invoking in your comment universally? For example, it is well known that CIA backed terrorists have organized attacks against Cuba from South Florida. One...

My friend Dapo Akande has a superb post at EJIL: Talk! discussing whether the ICC could prosecute the use of chemical weapons by the government in Syria. I agree almost entirely with Dapo’s analysis, but I do want to offer a couple of thoughts about his discussion of the Vienna Convention on the Law of Treaties: The argument that chemical weapons are not covered by Art. 8 is thus based on the removal of the explicit prohibition and the fact that it was thought that it would be the annex...

be placed at the centre of justice and treated as a core part of accountability, not as a separate issue. This means investing in forensic work and DNA analysis, coordinating exhumations with criminal investigations, and ensuring that information from trials and from missing-persons work flows in both directions. It also means using and supporting existing mechanisms, such as the UN Independent Institution on Missing Persons in the Syrian Arab Republic (IIMP) and the new Syrian national commission on the missing and disappeared, and linking them to efforts in Iraq. Finally,...

back in New York, there was an unbridgeable gap between effective civilian protection, which Brazil, Russia, India, China and South Africa (‘BRICS’) supported, and regime change, which they strongly opposed. One important result of the gaps was a split in the international response to the worsening crisis in Syria. Both China and Russia, still smarting from the over-interpretation of Resolution 1973, have been defiantly opposed to any resolution that could set in train a sequence of events leading to a 1973-type authorisation for outside military operations in Syria. Fourthly, the...

by the Security Council, the ICJ, and nearly every state in the world. (And indeed, in the past couple of days alone the US position has been condemned by the UN, the EU, Germany, and even BoJo’s United Kingdom.) The second example is the Trump administration’s decision to use combat troops to guard oilfields in eastern Syria. The idea that the US would seize oil belonging to Syria has rightfully been condemned as the war crime of pillage, with Gen. Barry McCaffrey almost breaking the internet by tweeting, “WHAT ARE...

I’ve been distracted the last few days by all this Syria stuff (and a nasty case of poison ivy), so I neglected to keep up with the latest on that Philippines-China UNCLOS arbitration now seated at the Permanent Court of Arbitration at The Hague. Luckily, Luke Petersen of Investment Arbitration Reporter is on the case and has this great post analyzing the information released so far about the arbitration. Note that the Philippines has until March 2014 to file their memorial. This seems ridiculously long given that they’ve been preparing...

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...

...Documenting war and harsh reality of life, some Syrian media outlets are now based in Turkey informing those back home. For the past week, Turkish military forces have been shelling targets in northern Syria held by the Syrian Kurdish People’s Protection Units, the armed wing of the Syrian Democratic Union Party, a group designated by Turkey as a terrorist organisation, leading to speculation about “ethnic cleansing.” Asia U.S. President Barack Obama and allies from Southeast Asia will turn their attention to China on Tuesday on the second day of a...

[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the introductory post in the Defining the Rule of Law Symposium, based on this article (free access for six months).] References to the ‘rule of law’ in international law books, articles and blogs are everywhere. Yet very few of these authors set out what they mean by an international rule of law. Most of those who engage with...