Search: Syria Insta-Symposium

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...

...the decolonization context. Second, the right to self-determination in most instances authorizes a people to exercise its right to internal self-determination, which is typically reflected in a right to form a regional government and/or have other cultural, linguistic, and religious rights respected by the mother state. The right to self-determination, outside of the decolonization context, may lead to the secessionist type of external self-determination only in extreme instances where the mother state chooses to completely disrespect the people’s right to internal self-determination. According to the Canadian Supreme Court in the...

...even these measures are blocked, it is difficult to claim that the blocking Security Council member(s) are working toward the Council fulfilling its Charter mandate to maintain international peace and security while respecting human rights and international law. I do not believe that I give “short shrift” to the General Assembly sometimes being able to act when the Security Council is blocked, as Professor Tladi claims.  I acknowledge, for instance, the General Assembly’s creating the investigative mechanism for Syria known as the IIIM after veto of the referral of the...

...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...

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....

...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...

Scientific American has published an article by John Wendle on how climate change has spurred the conflict in Syria. Wendle writes: Climatologists say Syria is a grim preview of what could be in store for the larger Middle East, the Mediterranean and other parts of the world. The drought, they maintain, was exacerbated by climate change. The Fertile Crescent—the birthplace of agriculture some 12,000 years ago—is drying out. Syria’s drought has destroyed crops, killed livestock and displaced as many as 1.5 million Syrian farmers. In the process, it touched off...

...international law-related themes in his chapter on “America’s War” that I wish to comment on. The first theme is that States have the right, under existing international law (and due to policy considerations), to use force in self-defence, collective or individual, against non-state actors in the territory of third states without the third states’ consent. For example, he notes that as “a matter of international law” the US use force against ISIS in Syria was not based on Syria’s consent “but rather in collective self-defence”. The second theme is that...

...until the creation of the NIMs, very few MHs have been provided the resources and bandwidth to fulfil these additional requirements. At the same time, it also appears more and more likely that the same situations of mass violence probed by UN MHs will eventually become “crime scenes” where full-fledged criminal investigations will be carried out by the prosecution authorities of international or national courts. Syria and Myanmar are, perhaps, the most illustrative examples of this, with Syria simultaneously being probed by the UN CoI, the IIIM, and domestic authorities...

[Merlina Herbach holds an LLM in International Law from the University of Edinburgh, has worked at the International Nuremberg Principles Academy and is currently a Legal Fellow with the Syria Justice and Accountability Centre (SJAC).] A medical doctor practicing in Germany was discovered to have tortured his patients in Syria at the behest of the Syrian government, turning his back on that most sacred of oaths taken by all doctors, the Hippocratic Oath to do no harm. The allegations against the former Syrian doctor, Alaa M., whose trial is to...

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...