Search: Syria Insta-Symposium

chemical weapons, targeting of civilian populations with barrel, incendiary, and cluster bombs and SCUD missiles, and systematic gross human rights violations carried out by the Government of Syria and pro-government forces under the direction of President Bashar al-Assad; and (B) all abuses committed by violent extremist groups and other combatants involved in the civil war in Syria. It is difficult to see who “other combatants involved in the civil war in Syria” might be if they are not rebels. Indeed, Section 5(a), which requires the Secretary of State to submit...

By Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme Since the start of Syria’s uprising in March 2011, Russia and China have vetoed 16 Draft United Nations Security Council (SC) Resolutions aimed at addressing the plight of the Syrian population and ending the scourge of armed conflict. As a result, the SC has failed to: Establish the UN Independent Mechanism of Investigation to identify individuals, entities, groups, or governments who were perpetrators, organizers, sponsors or otherwise involved in the use of chemical weapons in Syria; Renew...

in another country. Nothing short of virtual certainty concerning that result would suffice. To be sure, it may well be that members of the Assad regime wanted to drive civilians out of Syria or were at least virtually certain that such deportation would result from their forcible displacement. The need for such proof, however, seems to distinguish the Syria situation from the Myanmar situation. In Myanmar, it is beyond doubt that the junta intended to drive the Rohingya into Bangladesh. In Syria, by contrast, it is not evident that the...

more than a little difficult to swallow. Had Syria’s new willingness to give up its chemical weapons materialized two weeks ago, when Obama was still rattling his sabre and promising to attack Syria without congressional authorization, it would have been reasonable to conclude that the “credible threat of US military action” was the decisive factor in Assad’s capitulation. But now? Just days after Obama acknowledged that it would be very difficult for him to attack Syria against the will of both Congress and a large majority of the American people?...

Cross-posted at LieberCode. It is becoming increasingly likely that Russia and China are going to block just about any resolution on Syria coming out of the Security Council, regardless of whether it is meaningful or not. They aren’t going to support a resolution that seriously denounces the regime, nor are they going to support an ICC referral, I believe. And they definitely will veto any resolution that authorizes military action in Syria. Consequently, people are starting to talk about recognizing the rebels in Syria as the legitimate government of Syria....

Good thing nothing much happened while I was away on summer vacation… So as I wrote here last spring, there’s no clear basis under international law for a U.S. use of force in Syria – no UN Security Council resolution, and no apparent claim at this stage that the United States is acting in self-defense. The only theory of legality in play seems to be the one put forward by the British government, right before Parliament voted to reject the use of force in Syria. Namely, that force may be...

invites us to think about what level of control is required, and what values are served by high or low thresholds in each instance. Finally, there are a spate of new reports out about the situation in Syria. Two which I have found particularly insightful are The Syrian Heartbreak by Peter Harling and Sarah Birke, and the International Crisis Group’s new report Syria’s Metastasizing Conflict. Have you read anything on the legal implications of the Syrian conflict you would recommend? Please use the comments box to add to this list....

U.S.’ decision to withdraw its forces, which, when combined with its decision not to criticize Turkey’s invasion as it was beginning, is said to have amounted to an effective “green light” to President Erdogan. Turkey had made clear its plans to intervene since at least January, and in a dramatic move, the U.S. began withdrawing the majority of its 1,000 troops in northern Syria after a phone call in early October. Until then, U.S. forces had been working to fight ISIS with the Kurdish-led Syrian Democratic Forces (SDF), who had...

The more interesting case is Syria, given that Syria is not a member of the ICC and there is little chance the Security Council will refer the situation in Syria to the Court anytime soon. There are two scenarios worth discussing here: (1) deportations by the Syrian government or by various Syrian rebel groups into a neighbouring state; and (2) deportations by the Syrian government or by various Syrian rebel groups onto the high seas. Going in reverse order, the ICC would have no jurisdiction over any deportation from Syria...

[Yasmine Nahlawi is an independent researcher specialising in R2P and its applicability to the Syrian and Libyan conflicts. She holds a PhD in Public International Law from Newcastle University, LLM in International Legal Studies from Newcastle University, and BSc in Political Science from Eastern Michigan University.] Throughout the Syrian conflict, I led policy initiatives for civilian protection alongside civil society leaders, iNGOs, and public officials within the UK and wider Europe. Despite the flagrant international law violations committed within the conflict that amounted to mass atrocity crimes, and despite the...

...we believe international law is a space for discussion, debate, contestation, critique, and, yes, imagination. We are convinced that exploring the limits of our discipline from the perspective of superheroes, space battles, and Barbenheimer is not just about fun, but about thinking of new ways to approach old debates. We are delighted that our symposium has grown the way it has. Unlike our invite-only symposium of 11 posts in 2021, this year’s edition ran an open call for proposals, leading to 38 pitches from all around the world. This year’s...

...repurposing of Russian frozen assets for reparations, the debate has evolved in important ways. The authors highlight how incremental and fragmented progress on the long road towards asset recovery for reparation can be capitalised on by States to create credible pathways for supporting survivors. Conclusion This symposium brings into conversation a diverse range of perspectives on critically important and timely questions as to how to fulfil the right to reparation of victims of the war in Ukraine. In doing so, the symposium contributes to moving the focus of discussion surrounding...