Search: Syria Insta-Symposium

carry the death penalty.” However, Kotey and Elsheikh are not subject to this specific protection because as they were captured in Syria by US-backed forces they are not being extradited from the UK nor from the authority of the UK in Syria, which would come under the State’s (extra-territorial) jurisdiction and engage the UK’s obligations under the ECHR (Sanchez Ramirez v France, Al-Saadoon and Mufdhi v the United Kingdom, and Al-Skeini and Others v the United Kingdom). The UK’s strategy for the abolition of the death penalty lists the US...

[ Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project at the Grotius Centre for International Legal Studies, part of the Law Faculty of the University of Leiden.] The debate on the legality of a U.S. strike in Syrian territory is unlikely to produce consensus, in part because those involved in the debate take fundamentally different approaches to international law. Unless the underlying commitments of each approach are brought to the foreground, contributors to the debate risk talking past each other. As a result, an important opportunity will...

...194). Both in Libya and Syria, the repression of peaceful demonstrations led to the emergence of internal conflicts involving violent clashes between the government and several opposition groups. As explained by Redaelli, the National Transitional Council (NTC) in Libya and the Syrian Opposition Coalition (SOC) in Syria were recognised by several states as the legitimate representatives of the people of these states. In particular, she indicates that there is a difference between recognising rebels as the legitimate representatives of their peoples and recognising them as a new government, being the...

[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...

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...

...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...

As Ken notes below, the draft UN Security Council Resolution regarding the disposition of Syria’s chemical weapons is now available. While it can’t be construed as authorizing the use of force against Syria to ensure compliance without further Security Council action – entirely consistent with the Council’s past practice in Iraq, Kosovo, and elsewhere with slowly escalating Security Council threats and then reality of sanctions it decides to impose – marks an obvious and large step forward in what had, until a few weeks ago, been a seemingly intractable disaster....

...British government is strongly considering providing weapons to rebels in Syria — and that the CIA has already facilitated weapons shipments to the rebels from Jordan, Saudi Arabia, and Qatar. There is no question that that much of the fighting being waged by rebel groups in Syria is perfectly lawful under international humanitarian law. But there is also no question — as the Commission of Inquiry on Syria and Human Rights Watch have richly documented — that rebel groups have also committed numerous war crimes and crimes against humanity. Unless...

...nuclear inspectors access to a military base that they have been seeking to visit since 2005, Iranian Defence Minister Hossein Dehgan has said. More than 191,000 people have died in Syria, United Nation human rights chief Navi Pillay has said, lashing out at “international paralysis” on the nearly three-and-a-half year conflict. In her last address to the Security Council, the UN human rights chief sharply criticised the body for its ineffectiveness on Syria and other intractable conflicts, saying its members have often put national interests ahead of stopping mass atrocities....

ad bellum issue does not arise, but there still might or might not be violations of the jus in bello. Syria certainly poses a jus ad bellum issue, but there the US justification might not be preemptive self-defense, but self-defense against an armed attack that was already committed by a non-state actor operating from Syrian territory, which Syria failed to prevent. In any case it is hard to say more about these events without knowing much, much more about the actual facts. Guneysu In addition to what Milan has written,...

...foreign minister’s visit is expected to defuse tensions between Iraq and Syria after Baghdad’s allegations that Damascus was harboring insurgents responsible for the recent truck bombings in Baghdad. “Iraq’s stance is to go on demanding the UN to form an international criminal court to prosecute the perpetrators of these brutal crimes against innocent Iraqis and targeted the security and stability of Iraq,” a statement from Maliki’s office quoted him as saying. Maliki reiterated Iraq’s firm stance of demanding Syria to handover senior members of Saddam Hussein’s Baath party whom Baghdad...