Search: Syria Insta-Symposium

...Another might be an instance where there is US sovereign complicity in the violation outside of the territorial United States, for instance, where a US or alien subcontractor, acting under U.S. governmental authority or authorization, has violated specific, universal, and obligatory customary international law norms (e.g., Common Article III) by enhanced interrogation techniques employed against an alien plaintiff in a foreign sovereign territory. Finally, perhaps, as with piracy on the high seas, ATS claims may be possible in terra nullius circumstances, such as where acts have occurred in failed states....

...international relations from sliding into chaos. The law is still the law, and we must follow it whether we like it or not.’ These words are those of President Putin, written a few months ago in order to prevent the US, UK and other governments from intervening in Syria. International law is crucial to the situation in the Ukraine. It is of particular relevance to the right of self-determination of the people of Crimea and whether Russia can lawfully intervene on the territory of Ukraine. The right of self-determination, as...

[Gregory H. Fox is the director of the Program for International Legal Studies and Professor of Law at Wayne State University.] In the early days of the Ukrainian crisis, commentators discussed a number of possible justifications for Russian intervention in the Crimea. On Saturday, March 3, however, the Russian ambassador the UN announced the existence of a letter from Viktor Yanukovych to the President of Russia, dated March 1, requesting Russian intervention. In the letter Yanokovych purportedly described conditions of chaos in Ukraine and called on “President Vladimir...

We have invited several academic luminaries to post here at Opinio Juris over the next few days about the Supreme Court’s decision in Kiobel. We also are going to try something new and invite young academics to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we would love to broaden the discussion to include new voices. So if you want to write a guest post for Opinio Juris about Kiobel of approximately 500 to 1500 words, please do so in...

...protect its citizens allegedly at risk in those states. However, US actions in all the above instances received harsh criticism from the community of states, partly because the actions were disproportionate self-defense (The Yearbook of the United Nations (1965) 142; UN SCOR, 2491st mtg, UN Docs S/PV. 2491(27 October 1983) 5, paragraphs 38-9; Louis Henkin, “The Invasion of Panama Under International Law: A Gross Violation” (1991) 29 Columbia Journal of Transnational Law 293, 306, 308-9; Judith Gardam, Necessity, Proportionality and the Use of Force by States, 166-7), seeking to overthrow...

[Prof. Beth Stephens of Rutgers Law School at Camden has litigated and written widely on related issues. Additionally, she served a counsel for one of the (victorious) respondents in the Samantar case. We are of course honored that she is able to share her views with us. Again, a reminder that “Related Posts” will send you to a collection of all of the posts on this topic.] The Supreme Court decision in Samantar v. Yousuf put to rest to a line of Circuit court decisions that has baffled...

Syria has claimed that anti-government forces carried out the massacre in Houla in order to spur other nations into intervening. The UN and other nations have expressed concern that Syria is on the brink of a sectarian civil war. Russia and the US have been trading accusations about the situation in Syria. Anne-Marie Slaughter at FP posits that Syria is not a problem from hell…but if we don’t act quickly, it will be. A Syrian rebel group is claiming to hold 11 Lebanese pilgrims kidnapped in Syria on May 22....

...The first of these, however, was not constituted through a Resolution of the League’s Council, like Palestine. Instead, it was constituted through an international treaty, between the UK and the “State of Irak”. Mandatory Iraq, in fact, had a King, Faisal I, and Article 1 of the Treaty of Alliance his government signed with the British was signed “without prejudice to her national sovereignty”. Similarly, the Mandate for Syria and Lebanon established that “[t]he Mandatory shall further enact measures to facilitate the progressive development of Syria and the Lebanon as...

Violence erupted in Beirut after the funeral of the slain intelligence chief, raising fears that Lebanon will be unable to escape the tensions in Syria. Foreign Policy has more here. In Syria itself, violence continues, and Special Envoy Brahimi has once again called for a ceasefire over the Muslim holiday of Eid al-Adha starting this Thursday. Syria’s President Bashar al-Assad has told the special envoy to Syria that the weapons flow to rebel forces must stop. Turkey has called for international intervention in Syria. Jordanian officials have claimed that they...

...clashed at Jerusalem’s Al-Aqsa Mosque compound for a second straight day on Monday, prompting several arrests. British Prime Minister David Cameron is visiting Lebanon to meet with refugees from the war in neighbouring Syria, Lebanese media reported. Turkish authorities have reimposed a curfew in the southeastern city of Cizre a day after it was lifted, saying they will use the curfew to arrest suspected Kurdistan Workers’ Party (PKK) fighters. Russia will continue its military support of Syria, including sending personnel to the embattled country, Foreign Minister Sergei Lavrov was quoted...

support for the rebel cause has waned in direct proportion to the increasing number of reports emerging from Syria of rebel atrocities. And so has support within Syria itself. If a vote were taken of Syrians now, it is by no means clear that the rebels would prevail over the regime. Professor Thakur then refers to the existence of the Sunni-Shi’a split in the country and in the region. I don’t think I missed this one but may not have made it as explicit as it should be. The tragedy...

[Alonso Illueca is a lawyer and adjunct Professor of International Law at Universidad del Istmo] On July 12, 2019, Panama announced its decision to withdraw its flag from any vessel violating “sanctions and international legislation”. This decision resulted in the removal of 59 ships (mostly tankers) from Panama’s shipping fleet due to their link with the Islamic Republic of Iran (“Iran”) and the Syrian Arab Republic (“Syria”). While Panama has the right to withdraw its flag from any vessel, its practice as the State with the world’s largest shipping fleet...