Search: Syria Insta-Symposium

...which Russia and China vetoed resolution after resolution that would have aided the Syrian people.  Both Russia and China argued that each resolution they vetoed was biased against the Syrian regime and would open the door to military intervention and regime change.  However, through detailed analysis Nahlawi shows that this was false.  The UNSC resolutions did not authorize the use of force, and instead outlined non-military measures, or referrals to the ICC.  She rightly accuses Russia and China of being bad actors in these vetoes, abusing their power in bad...

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.] I have been educated by the thoughtful symposium on my new book, The Trump Administration and International Law (Oxford University Press 2018). I am grateful to the committed colleagues who contributed to this Symposium for enlightening me, and deepening my understanding. I especially thank my kind friend Kevin Jon Heller for graciously hosting...

...crime, a private citizen or certain nongovernmental organizations to be a party in the criminal process together with, or instead of, public prosecutors. To see these causal pathways in action, consider the three recent cases in Germany, the Netherlands, and Sweden. Anwar Raslan — a former security official in Syrian President Bashir al-Assad’s regime — fled Syria shortly after the outbreak of the Syrian Civil War and ultimately settled in Germany in 2014. During this same period, Syrian migrants in Germany organized to promote prosecutions. They created their own nongovernmental...

...least two military installations in air strikes in neighbouring Syria, according to the Israeli military. Russian President Vladimir Putin has warned that any attempts to overthrow the government in Syria could lead to a failed state like Iraq or Libya. Seventeen Syrian refugees, including five children, have drowned after their boat sank in Turkish waters on its way to Greece, according to local media reports. Asia Japan, which accepted just 11 asylum seekers out of 5,000 applications last year, will provide about $810 million in aid in response to refugees...

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...

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...

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...