Search: Syria Insta-Symposium

Looking back at all the debates over whether the United States could have legal authority to use force in Syria, I was struck by the presence of two very different types of arguments about the Responsibility to Protect (R2P). For some, the R2P questions were interpretative in nature — what did R2P mean (i.e., does it require Security Council authorization) and how does its meaning apply in the Syrian context? Obviously, different interpretative methods and techniques could generate different answers to what R2P meant, and, with them, different outcomes for...

A top UN envoy, Leila Zerrougui, special representative of the Secretary-General for Children and Armed Conflict, has warned officials and anti-government fighters in Syria risk prosecution as war criminals for atrocities against children. The US House Intelligence Committee says it is now willing to supply weapons to Syrian rebels despite the risk of their ending up with al-Qaeda allies. Additionally, top US military officials have outlined a range of intervention option plans in Syria, from instituting no-fly zones to conducting limited attacks on military targets. Iran condemned the EU’s decision...

Islamic groups Hamas and Islamic Jihad fired rockets into Israel in retaliation for yesterday’s Israeli strikes in the Gaza strip. Amnesty International has reported that Rwandan military intelligence services have engaged in torture, unlawful detention and enforced disappearances of civilians . Sudanese state media reports that the border between Sudan and South Sudan will reopen today, after a security agreement was reached last month. Turkish forces fired across the border into Syria on Sunday after a shell launched from Syria landed in Turkey’s border town of Akcakale, underlining Ankara’s warning...

...given that there was a Review Conference less than two years ago. Adopting the amendment would require 2/3 of States Parties to vote in favour of it, pursuant to Art. 121(3). I will be surprised if the amendment is not taken up and adopted. Even acknowledging that states do not like to tie their hands against internal threats, there is no justification for starving civilians as part of a counterinsurgency. And, of course, NIACs regularly feature the intentional starvation of civilians — most obviously in Syria and Yemen. To be...

...the special protective regime of IHL for certain objects, including works and installations containing dangerous forces and the natural environment (including water resources), and specific methods of warfare, such as starvation and the prohibition against attacking, destroying, removing, or rendering useless objects indispensable to the survival of the civilian population, such as drinking water installations and supplies and irrigation works. These protections are vital because even when such objects become military objectives, they shall not be attacked save for minor exceptions.  In situations of occupation, IHL imposes additional obligations on...

The Syrian Prime Minister has survived a car bomb in Damascus, an event UN Secretary General Ban Ki-Moon labelled a “terrorist attack.” Ban Ki-Moon also urged Syria to allow international experts access in order to establish whether chemical weapons were used. Meanwhile, in a phone call to President Putin, President Obama has expressed his concern over the use of chemical weapons in Syria. The European Union Rule of Law Mission in Kosovo (EULEX) sentenced five men to prison for their roles in an organ trafficking syndicate. Afghan President Hamid Karzai...

...situation. Middle East and Northern Africa The United States called Russia’s action in Syria “barbarism”, while Moscow’s UN envoy said ending the war was “almost an impossible task”, as government forces relentlessly bombed the besieged city of Aleppo. Yemen plans to complain to the U.N. Security Council over what it says are Iran’s weapon transfers to Houthi allies fighting the internationally recognized Yemeni government, the foreign minister said on Saturday. Four alleged members of al Qaeda’s Yemen branch, including a local commander, were killed in a suspected U.S. drone strike...

This week on Opinio Juris, we hosted an insta-symposium on the Scottish Independence Referendum. David Scheffer surveyed the legal terrain in case of a yes vote, Stephen Tierney discussed how Scotland’s move to independence would be characterised under international law, Milena Sterio argued that international law could develop a norm containing a positive right to secession under certain circumstances, Jure Vidmar looked at Scotland’s position in the EU, Tim Sparks took a long view, and Christopher Connolly discussed the phrasing of the referendum question. Finally, Chris asked whether there will...

...into an overt conflict?” II. The CIA, “Deniable” and “Covert” Strategypage, as it happens, has an interesting report (H/T Insta) on special forces, commandos, and intelligence personnel on the ground in Libya now — saying in particular that Egyptian special forces teams are assisting the rebels now, and that some US personnel are on the ground, partly for intelligence but also to protect diplomats and other “nationals” assistance. (It would be astonishing, of course, if many countries did not have intelligence agents on the ground in Libya, whether strictly to...

[Dr. Elizabeth A. Wilson is Assistant Professor at the School of Diplomacy and International Relations at Seton Hall University.] In the “Insta-Symposium” conducted here after the Supreme Court’s Kiobel decision, Peter Spiro linked to a piece by Samuel Moyn about Kiobel posted on the Foreign Affairs website and said he was “sympathetic” with Moyn’s conclusion that “human rights advocates would be better served to abandon the ATS, even to the extent that Kiobel leaves the door open.” Not willing to go quite so far as Moyn in celebrating the ATS’s...

Cross-posted at Balkinization I hate to interrupt the terrific insta-symposium on the Supreme Court’s decision in Samantar already underway at Opinio Juris, but I did want to note the much-anticipated release of Philip Alston’s report as UN Special Rapporteur on Extra-Judicial Killings. I take it the relevant press release and report will be available here. I’m just now paging through it, but for now, a few brief notes. Broadly, while acknowledging the sometime-legality of targeted killing, the report cautions that “circumstances in which targeted killings are alleged to be legal”...

...presence” as being insufficient to overcome the statutory presumption against extraterritoriality. This language, and the Supreme Court’s decision not to otherwise mention the corporate liability issue, was enough for Judge Scheindlin to revisit the corporate liability issue. I don’t really buy this sub silentio interpretation of Kiobel, but to give credit where credit is due, this argument was previewed in our Kiobel insta-symposium by Jordan Wells, a third year law student. Let’s just say Judge Scheindlin really went out of her way to re-open this question. My views on the...