This document discusses the ongoing civil war in Syria and the challenges it poses to international law. It begins by providing background on the conflict and how it has evolved from public demonstrations in 2011 into an armed rebellion. It then qualifies the conflict as a non-international armed conflict under international law. The document analyzes how both sides have violated international humanitarian law and human rights law through their targeting of civilians, use of torture, and other unlawful acts. It discusses the various international law principles like distinction and proportionality that are being breached. The challenges this conflict poses to international law in addressing these violations are also examined.
NEVER ENDING CONFLICT IN SYRIA AND ROHINGYA, THE STUDY AND SOLUTIONSASMAH CHE WAN
INTERNATIONAL LAW
Regarding conflict in Syrian and Rohingya. the history, how the conflict happened, respons from the worldwide countries and suggestions for the solutions.
This document provides context and definitions related to international humanitarian law and the armed conflict in Syria. It defines international and non-international armed conflicts according to international humanitarian law. It then provides details on the qualification and application of common article 3 and additional protocol II. The document concludes with background information on the social upheaval in Syria since 2011 and causes of the armed conflict between government forces and rebel groups.
The applicability of the Doctrine of Responsibility (R2P) in Syria in perspec...Sabita Amin
This document provides a summary of the legal framework surrounding the Responsibility to Protect (R2P) doctrine, humanitarian intervention, and terrorism. It defines R2P and discusses its sources in international law, distinguishing it from humanitarian intervention. It also examines sovereignty and terrorism in international law. The chapter aims to clarify these concepts to analyze their application to the conflict in Syria.
Unity, Betrayal and Failed States in Modern TimesDr. Dan EKONGWE
The politics of identity and wars of fragmentation of states stern from broken promises by political leaders and state authorities to respect the convenants reached by founding fathers of most modern states thereby leading to increasing ethno/cultural nationalism and wars of identity. We have seen these across the literature from former Yugoslavia and Czechoslovakia, Rwanda, Sudan, Cameroon, Togo, Ghana, Central African Republic, Zimbabwe, Nigeria and Ivory Coast.. The application of the Responsibility to Protect (R2P) in its pre UN non approval in Europe to the post application by UN in Lybia has given us the reason to believe that sustainable peace in each state must respect the foundation doctrine of which each country was created, else Africa in particular will continue to witnessed endless wars in age when drone technology and assymetric warfare has gained currency.
Lessons from the lebanese civil war for the syrian warMoneer Barazi
Syria and Lebanon used to be one territory before the first world war. After the war, the territory was split and the two countries took two different directions and paths in history. From 1975 till 1990, Lebanon suffered from a gruesome civil war which ended by the Taif agreement. In this paper we attempt to extract some lessons from the Lebanese civil war that can be applied to Syria's war which has been ongoing since 2011.
The report summarizes the grave violations against children in Chad from July 2007 to June 2008. It notes that children continue to be recruited by armed forces and groups, killed and maimed by landmines, and subjected to rape and sexual violence. The political, military, and security situation in Chad remains volatile due to ongoing conflict between government forces and rebels, as well as inter-ethnic tensions. This environment puts children at high risk of rights violations.
A code of ethics imposed on journalists by a national press council is presented as a way to ensure press responsibility and accountability, but it can be used to empty press freedom of meaning. While codes of conduct have been debated, in practice they are often imposed by autocratic regimes as a way to continue controlling the press under the guise of responsibility. Truly free journalists can regulate themselves without externally imposed codes.
NEVER ENDING CONFLICT IN SYRIA AND ROHINGYA, THE STUDY AND SOLUTIONSASMAH CHE WAN
INTERNATIONAL LAW
Regarding conflict in Syrian and Rohingya. the history, how the conflict happened, respons from the worldwide countries and suggestions for the solutions.
This document provides context and definitions related to international humanitarian law and the armed conflict in Syria. It defines international and non-international armed conflicts according to international humanitarian law. It then provides details on the qualification and application of common article 3 and additional protocol II. The document concludes with background information on the social upheaval in Syria since 2011 and causes of the armed conflict between government forces and rebel groups.
The applicability of the Doctrine of Responsibility (R2P) in Syria in perspec...Sabita Amin
This document provides a summary of the legal framework surrounding the Responsibility to Protect (R2P) doctrine, humanitarian intervention, and terrorism. It defines R2P and discusses its sources in international law, distinguishing it from humanitarian intervention. It also examines sovereignty and terrorism in international law. The chapter aims to clarify these concepts to analyze their application to the conflict in Syria.
Unity, Betrayal and Failed States in Modern TimesDr. Dan EKONGWE
The politics of identity and wars of fragmentation of states stern from broken promises by political leaders and state authorities to respect the convenants reached by founding fathers of most modern states thereby leading to increasing ethno/cultural nationalism and wars of identity. We have seen these across the literature from former Yugoslavia and Czechoslovakia, Rwanda, Sudan, Cameroon, Togo, Ghana, Central African Republic, Zimbabwe, Nigeria and Ivory Coast.. The application of the Responsibility to Protect (R2P) in its pre UN non approval in Europe to the post application by UN in Lybia has given us the reason to believe that sustainable peace in each state must respect the foundation doctrine of which each country was created, else Africa in particular will continue to witnessed endless wars in age when drone technology and assymetric warfare has gained currency.
Lessons from the lebanese civil war for the syrian warMoneer Barazi
Syria and Lebanon used to be one territory before the first world war. After the war, the territory was split and the two countries took two different directions and paths in history. From 1975 till 1990, Lebanon suffered from a gruesome civil war which ended by the Taif agreement. In this paper we attempt to extract some lessons from the Lebanese civil war that can be applied to Syria's war which has been ongoing since 2011.
The report summarizes the grave violations against children in Chad from July 2007 to June 2008. It notes that children continue to be recruited by armed forces and groups, killed and maimed by landmines, and subjected to rape and sexual violence. The political, military, and security situation in Chad remains volatile due to ongoing conflict between government forces and rebels, as well as inter-ethnic tensions. This environment puts children at high risk of rights violations.
A code of ethics imposed on journalists by a national press council is presented as a way to ensure press responsibility and accountability, but it can be used to empty press freedom of meaning. While codes of conduct have been debated, in practice they are often imposed by autocratic regimes as a way to continue controlling the press under the guise of responsibility. Truly free journalists can regulate themselves without externally imposed codes.
Witnessing the series of attacks, debates and laws on cyber terrorisms or attacks viz- a-viz application of self-defense doctrine has become a hot button issue in global arena. Self defense per se an magnetic subjects which fascinates lawmaker and international bodies to play their active role. But as the emanation of a new threat of Cyber attacks and bit of new technologies, the issue of security has reached to its zenith. International laws, domestic laws, regulations, treaties etc. turn out to be vague and handicap to tackle this concept of cyber terrorism.
- Mortar shells launched by terrorists in Damascus injured a child and caused property damage. The Syrian army found tunnels used by terrorists to store weapons.
- Two citizens were killed and others injured by mortar fire in residential areas of Aleppo. The army killed terrorists including Al Nusra Front members.
- In Daraa and Idlib, the army killed many terrorists and destroyed their weapons. Terrorist groups were also eliminated in Deir ez-Zor.
- President Assad said Syria belongs to all and they will resist sectarianism. He criticized the Muslim Brotherhood for causing divisions in Arab societies.
The document outlines the Global Action to Prevent War Project, which aims to reduce armed conflict through three main components: 1) ongoing conflict prevention and resolution efforts to reduce internal conflicts, 2) a phased global disarmament program accompanied by strengthened peacekeeping, and 3) support for building a culture of peace. It provides details on implementation, arguing that sustained, coordinated multi-level efforts can help constrain violence and move towards the project's long-term goals of making armed conflict increasingly rare over several decades. While some progress has been made, it notes that more is needed to fulfill obligations around conflict prevention, humanitarian response, disarmament, and building sustainable peace.
The document summarizes human rights issues in Egypt, including restrictive defamation laws. Defamation remains a criminal offense that authorities use to limit freedom of expression. Journalists face imprisonment for insults to government officials or spreading "false news." Extremism laws have led to mass arrests without evidence. While the constitution protects civil liberties, authorities have detained thousands for peacefully exercising freedom of speech, assembly, and association. Violence against women in protests is also a concern. International groups have found Egypt's laws contradictory to obligations on civil and political rights.
Israel's Weapons of Mass Destruction: Justified or a Violation of Internation...Beatrice Sclapari
1) Israel possesses nuclear weapons but has not signed the Nuclear Non-Proliferation Treaty, unlike Iran. This creates a double standard where Israel criticizes other nations' nuclear ambitions.
2) The IAEA has tried to get Israel to declare its nuclear program but has given it slack, setting a precedent that undermines the authority of international treaties.
3) The U.S. provides billions in funding to Israel annually despite its failure to comply with the NPT, showing how powerful nations can abuse international agreements for their own interests.
This document provides background information on migration crises in Europe. It discusses the historical context of migration including events from ancient times such as prophet Abraham fleeing Iraq in 2200 BC. It notes that World War I and II led to large population displacements in Europe and the Middle East. The document then discusses more recent migration trends, noting that over 886,000 migrants reached the EU via the Mediterranean in 2015, a significant increase from previous years. It aims to provide context and statistics on the recent migration crisis in Europe through examining historical precedents and recent migration patterns on the continent.
1. The memorandum discusses the legal status of individuals conducting cyber operations and whether cyber attacks can be considered a "use of force" under international law.
2. There are differing views on how existing international law applies to cyber attacks. Some argue any attack that causes damage should be prohibited, while others argue only attacks using kinetic, physical means were intended in existing treaties.
3. A third approach advocates analyzing cyber attacks on a case-by-case basis considering factors like severity of damage, immediacy of impact, and whether responsibility is claimed to determine if it constitutes a prohibited "use of force." Applying this framework to examples could help clarify the legal status of cyber operations going forward.
The document provides an analysis of the ICC arrest warrant issued for Omar al-Bashir, President of Sudan, for his alleged role in war crimes and crimes against humanity in Darfur from 2003 to 2008. It discusses the requirements for issuing an arrest warrant under the Rome Statute and analyzes whether those requirements were met. Specifically, it examines whether there were reasonable grounds to believe war crimes and crimes against humanity were committed in Darfur, whether Bashir incurred criminal liability as a co-perpetrator, and whether his arrest was necessary. It finds the evidence showed a non-international armed conflict in Darfur between Sudanese government forces and rebel groups, and that Bashir used state apparatus to direct widespread and systematic
Human rights law review international recognition of victims’ rightsmarsyslawforall
This document summarizes the international legal evolution of recognizing victims' rights. It discusses two key UN General Assembly resolutions from 1985 and 2006 that addressed victims' rights. The 1985 resolution focused on domestic crime victims while the 2006 resolution established an "international bill of rights for victims" regarding gross human rights and humanitarian law violations. The document also discusses how regional human rights courts and the International Criminal Court have increasingly recognized victims' standing and rights to compensation and reparations. However, full implementation of victims' rights still faces obstacles at the national and international levels.
Negotiations with Terrorist Organizations for the Release of Abductees: Betwe...Przegląd Politologiczny
For decades, democratic countries have dealt with terrorist attacks carried out for the purpose
of negotiations, which is the preferred modus operandi for some terrorist organizations. To what extent
can a democratic regime effectively combat this abominable act while preserving a liberal or democratic character? Furthermore, these cases have become one of the most complicated dilemmas in both
domestic and foreign policy. The prevalent opinion is that it is not possible to avoid meeting some of
the demands of these terrorists. A government may even consent to paying a heavy price, so as to end
the situation sooner. Media coverage influences this price, as extensive coverage of the terrorist attacks
benefits the terrorists and thus increases their bargaining power. In contrast to the declarations of Israeli
leaders in negotiations in cases of abduction, Israel has adopted a very flexible approach and is not
interested in adopting the rigid approach of refusal to negotiate. The position of the opponents to negotiations with terrorist organizations is that the very negotiations with terrorist organizations legitimize
them and the terrorist attacks, thus devaluing claims that terrorism is not a legitimate means of achieving one’s aims, and prevents the use of force in these situations. When all the prisoner exchange deals
by the State of Israel are examined, approximately 7,500 terrorists have been released in the framework
of the different deals, including terrorists with blood on their hands, in return for 14 living soldiers and
civilians and 6 bodies of soldiers. A total of 1,027 terrorists were released in the Shalit deal alone.
This document provides an introduction and background on the conflict with ISIS in Iraq and Syria. It examines whether US-led airstrikes against ISIS are legal under international law. It discusses the principles of self-defense and international humanitarian law. It analyzes if ISIS's actions constitute genocide or ethnic cleansing based on their targeting of religious minority groups. It also classifies the conflict as either international or non-international based on definitions in international law.
Stop the Killing of Human Rights Defenderssabrangsabrang
Annual Report 2016 - Frontline Defenders
Published by:
Front Line, the International Foundation for the Protection of Human Rights Defenders
Grattan House
Temple Road
Blackrock, A94 FA39
County Dublin
Ireland
Survival of Two Regional Powers at the Expense of the Security of the Middle ...QUESTJOURNAL
ABSTRACT: Many have called the current relationship between Iran and Saudi Arabia a cold war. In an article in "The National Interest", Mohammed Ayoob refers to the competition between the two as "a new cold war" [Ayoob, 2013]. The relationship betweenIran and Saudi Arabia for the last three and a half decades has been tumultuous at best, so talk of conflict between these two countries isn’t anything new. The conflict is occasionally given more visibility to the rest of the world by media attention and political analysis, but it’s typically overshadowed by other newsworthy events elsewhere. However, now it looks like their infighting has expanded to full out aggression. The upsizing in military might have major and long-lasting consequences for many of the people that live in the Middle East. Current events related to the conflict between the two countries risk creating a new border system to emerge. The Islamic Republic of Iran and the Kingdom of Saudi Arabia are fully responsible for the birth, development, and shaping of the coming borders. The purpose of this paper is to focus on the background of the conflictbetween Iran and SaudiArabia; a conflict with a Middle Eastern instability and danger of secessions in the region as part of the consequences. It is intended to provide a highlighting of the twocountries’ hugeinternalchallenges and thus the need to externalenemies in the form of intensifying the historicalShia-Sunniconflict.
Abstract
Immediately after the Cold war, there was a general optimism of an international system that would
enable the component nation-states to pursue economic growth and greater independence. Despite
the various strategies by the component nation states in the international system to attain self-
sufficiency in economic terms and thus reduce dependence on other nation states for their needs
and survival thereby weakening bilateral relations, the contemporary realities of the international
system in the face of global security challenges pose a compelling sustained cooperation and
collaboration among the nation states in the international system. Global security includes military
and diplomatic measures that nations and international organizations such as the United Nations
(UN) and North Atlantic Treaty Organization (NATO) take to ensure mutual safety and security.
It also includes the regional and sub-regional collaborative strategies at combating security
challenges. Diplomacy and global security are among the most pressing issues facing the world
today. Success or failure can have huge implications for the international community and society
as a whole. This paper submits that global security will remain a compelling factor in diplomatic
relations in the twenty-first century.
U.S. Central Command Posture Statement 2013Tisha Wright
General James Mattis testified before the Senate Armed Services Committee about security issues facing the US Central Command (CENTCOM) area of responsibility. He outlined several strategic risks, including malign Iranian influence pursuing nuclear weapons and destabilizing the region, violent extremist organizations like al Qaeda, and state instability in places like Syria and Afghanistan. CENTCOM works with partners in the region to counter these threats and protect US interests through military engagement, security cooperation programs, and a tailored military presence and posture.
The document discusses the importance of human rights and the rule of law for global security. It discusses how violations of these principles can lead to conflicts within and between states. It provides examples of this in Ukraine, where Russia violated Ukraine's sovereignty, and in various frozen conflicts in other post-Soviet states. The document also discusses challenges in other regions, like the Middle East, North Africa, and the Mediterranean, where the lack of respect for human rights and rule of law in places like Syria, Iraq and Libya have contributed to instability. Overall it argues that strengthening respect for these principles globally is essential for addressing security challenges.
1) The document discusses the impact of terrorism on human rights, noting that terrorist acts threaten life, liberty, security and undermine governments and civil society.
2) It provides definitions of human rights and terrorism from UN resolutions and treaties. Human rights are universal and protect individuals from state interference. Terrorism involves violent acts intended to intimidate civilians for political aims.
3) States have an obligation under international law to protect individuals from terrorist threats through counter-terrorism measures, but these measures must also comply with human rights, refugee and humanitarian law. Striking a balance between security and rights poses a challenge.
Small peaceful protests in 2011 against Syria's President Assad spiraled into a destructive civil war due to Assad's violent crackdown and the international community's slow response. Over 100,000 have died as Assad portrays the conflict as against extremists while committing war crimes. The opposition is divided and no side can force victory, leaving a stalemate. While Assad remains weakened, he has survived predictions of collapse with help from allies like Russia and using divide and conquer tactics against his enemies. The future remains uncertain but some argue keeping Assad may prevent al-Qaeda control, despite his brutal tactics.
Operation Barbarossa was the code name for Nazi Germany's invasion of the Soviet Union during World War II. Launched in June 1941, it involved over 3 million German troops attacking along a massive front. The initial success was met with overconfidence, as Germany underestimated Soviet strength and resilience. Though they made early gains, the Germans were stopped at Moscow and suffered heavy losses due to Russian winter. Operation Barbarossa ultimately failed in its goal to defeat the Soviet Union, and marked a major turning point that weakened Germany's position in the war.
This document discusses the location and demographics of Syria. It notes that Syria borders Lebanon, Turkey, Iraq, Jordan, and Israel. It provides statistics on Syrian households during the ongoing conflict, such as 50% of family members being children under 18, 34% of households having no income, and 72% of households being in debt. It also outlines that the conflict began in 2011 and involved protesters demanding changes to presidential leadership and an end to over four decades of one-party rule.
The document summarizes the key parties in the ongoing Syrian civil war. It outlines that the war began in 2011 as popular protests against President Bashar al-Assad and Ba'ath party rule. It then describes the main factions supporting the Syrian government and opposition forces.
Witnessing the series of attacks, debates and laws on cyber terrorisms or attacks viz- a-viz application of self-defense doctrine has become a hot button issue in global arena. Self defense per se an magnetic subjects which fascinates lawmaker and international bodies to play their active role. But as the emanation of a new threat of Cyber attacks and bit of new technologies, the issue of security has reached to its zenith. International laws, domestic laws, regulations, treaties etc. turn out to be vague and handicap to tackle this concept of cyber terrorism.
- Mortar shells launched by terrorists in Damascus injured a child and caused property damage. The Syrian army found tunnels used by terrorists to store weapons.
- Two citizens were killed and others injured by mortar fire in residential areas of Aleppo. The army killed terrorists including Al Nusra Front members.
- In Daraa and Idlib, the army killed many terrorists and destroyed their weapons. Terrorist groups were also eliminated in Deir ez-Zor.
- President Assad said Syria belongs to all and they will resist sectarianism. He criticized the Muslim Brotherhood for causing divisions in Arab societies.
The document outlines the Global Action to Prevent War Project, which aims to reduce armed conflict through three main components: 1) ongoing conflict prevention and resolution efforts to reduce internal conflicts, 2) a phased global disarmament program accompanied by strengthened peacekeeping, and 3) support for building a culture of peace. It provides details on implementation, arguing that sustained, coordinated multi-level efforts can help constrain violence and move towards the project's long-term goals of making armed conflict increasingly rare over several decades. While some progress has been made, it notes that more is needed to fulfill obligations around conflict prevention, humanitarian response, disarmament, and building sustainable peace.
The document summarizes human rights issues in Egypt, including restrictive defamation laws. Defamation remains a criminal offense that authorities use to limit freedom of expression. Journalists face imprisonment for insults to government officials or spreading "false news." Extremism laws have led to mass arrests without evidence. While the constitution protects civil liberties, authorities have detained thousands for peacefully exercising freedom of speech, assembly, and association. Violence against women in protests is also a concern. International groups have found Egypt's laws contradictory to obligations on civil and political rights.
Israel's Weapons of Mass Destruction: Justified or a Violation of Internation...Beatrice Sclapari
1) Israel possesses nuclear weapons but has not signed the Nuclear Non-Proliferation Treaty, unlike Iran. This creates a double standard where Israel criticizes other nations' nuclear ambitions.
2) The IAEA has tried to get Israel to declare its nuclear program but has given it slack, setting a precedent that undermines the authority of international treaties.
3) The U.S. provides billions in funding to Israel annually despite its failure to comply with the NPT, showing how powerful nations can abuse international agreements for their own interests.
This document provides background information on migration crises in Europe. It discusses the historical context of migration including events from ancient times such as prophet Abraham fleeing Iraq in 2200 BC. It notes that World War I and II led to large population displacements in Europe and the Middle East. The document then discusses more recent migration trends, noting that over 886,000 migrants reached the EU via the Mediterranean in 2015, a significant increase from previous years. It aims to provide context and statistics on the recent migration crisis in Europe through examining historical precedents and recent migration patterns on the continent.
1. The memorandum discusses the legal status of individuals conducting cyber operations and whether cyber attacks can be considered a "use of force" under international law.
2. There are differing views on how existing international law applies to cyber attacks. Some argue any attack that causes damage should be prohibited, while others argue only attacks using kinetic, physical means were intended in existing treaties.
3. A third approach advocates analyzing cyber attacks on a case-by-case basis considering factors like severity of damage, immediacy of impact, and whether responsibility is claimed to determine if it constitutes a prohibited "use of force." Applying this framework to examples could help clarify the legal status of cyber operations going forward.
The document provides an analysis of the ICC arrest warrant issued for Omar al-Bashir, President of Sudan, for his alleged role in war crimes and crimes against humanity in Darfur from 2003 to 2008. It discusses the requirements for issuing an arrest warrant under the Rome Statute and analyzes whether those requirements were met. Specifically, it examines whether there were reasonable grounds to believe war crimes and crimes against humanity were committed in Darfur, whether Bashir incurred criminal liability as a co-perpetrator, and whether his arrest was necessary. It finds the evidence showed a non-international armed conflict in Darfur between Sudanese government forces and rebel groups, and that Bashir used state apparatus to direct widespread and systematic
Human rights law review international recognition of victims’ rightsmarsyslawforall
This document summarizes the international legal evolution of recognizing victims' rights. It discusses two key UN General Assembly resolutions from 1985 and 2006 that addressed victims' rights. The 1985 resolution focused on domestic crime victims while the 2006 resolution established an "international bill of rights for victims" regarding gross human rights and humanitarian law violations. The document also discusses how regional human rights courts and the International Criminal Court have increasingly recognized victims' standing and rights to compensation and reparations. However, full implementation of victims' rights still faces obstacles at the national and international levels.
Negotiations with Terrorist Organizations for the Release of Abductees: Betwe...Przegląd Politologiczny
For decades, democratic countries have dealt with terrorist attacks carried out for the purpose
of negotiations, which is the preferred modus operandi for some terrorist organizations. To what extent
can a democratic regime effectively combat this abominable act while preserving a liberal or democratic character? Furthermore, these cases have become one of the most complicated dilemmas in both
domestic and foreign policy. The prevalent opinion is that it is not possible to avoid meeting some of
the demands of these terrorists. A government may even consent to paying a heavy price, so as to end
the situation sooner. Media coverage influences this price, as extensive coverage of the terrorist attacks
benefits the terrorists and thus increases their bargaining power. In contrast to the declarations of Israeli
leaders in negotiations in cases of abduction, Israel has adopted a very flexible approach and is not
interested in adopting the rigid approach of refusal to negotiate. The position of the opponents to negotiations with terrorist organizations is that the very negotiations with terrorist organizations legitimize
them and the terrorist attacks, thus devaluing claims that terrorism is not a legitimate means of achieving one’s aims, and prevents the use of force in these situations. When all the prisoner exchange deals
by the State of Israel are examined, approximately 7,500 terrorists have been released in the framework
of the different deals, including terrorists with blood on their hands, in return for 14 living soldiers and
civilians and 6 bodies of soldiers. A total of 1,027 terrorists were released in the Shalit deal alone.
This document provides an introduction and background on the conflict with ISIS in Iraq and Syria. It examines whether US-led airstrikes against ISIS are legal under international law. It discusses the principles of self-defense and international humanitarian law. It analyzes if ISIS's actions constitute genocide or ethnic cleansing based on their targeting of religious minority groups. It also classifies the conflict as either international or non-international based on definitions in international law.
Stop the Killing of Human Rights Defenderssabrangsabrang
Annual Report 2016 - Frontline Defenders
Published by:
Front Line, the International Foundation for the Protection of Human Rights Defenders
Grattan House
Temple Road
Blackrock, A94 FA39
County Dublin
Ireland
Survival of Two Regional Powers at the Expense of the Security of the Middle ...QUESTJOURNAL
ABSTRACT: Many have called the current relationship between Iran and Saudi Arabia a cold war. In an article in "The National Interest", Mohammed Ayoob refers to the competition between the two as "a new cold war" [Ayoob, 2013]. The relationship betweenIran and Saudi Arabia for the last three and a half decades has been tumultuous at best, so talk of conflict between these two countries isn’t anything new. The conflict is occasionally given more visibility to the rest of the world by media attention and political analysis, but it’s typically overshadowed by other newsworthy events elsewhere. However, now it looks like their infighting has expanded to full out aggression. The upsizing in military might have major and long-lasting consequences for many of the people that live in the Middle East. Current events related to the conflict between the two countries risk creating a new border system to emerge. The Islamic Republic of Iran and the Kingdom of Saudi Arabia are fully responsible for the birth, development, and shaping of the coming borders. The purpose of this paper is to focus on the background of the conflictbetween Iran and SaudiArabia; a conflict with a Middle Eastern instability and danger of secessions in the region as part of the consequences. It is intended to provide a highlighting of the twocountries’ hugeinternalchallenges and thus the need to externalenemies in the form of intensifying the historicalShia-Sunniconflict.
Abstract
Immediately after the Cold war, there was a general optimism of an international system that would
enable the component nation-states to pursue economic growth and greater independence. Despite
the various strategies by the component nation states in the international system to attain self-
sufficiency in economic terms and thus reduce dependence on other nation states for their needs
and survival thereby weakening bilateral relations, the contemporary realities of the international
system in the face of global security challenges pose a compelling sustained cooperation and
collaboration among the nation states in the international system. Global security includes military
and diplomatic measures that nations and international organizations such as the United Nations
(UN) and North Atlantic Treaty Organization (NATO) take to ensure mutual safety and security.
It also includes the regional and sub-regional collaborative strategies at combating security
challenges. Diplomacy and global security are among the most pressing issues facing the world
today. Success or failure can have huge implications for the international community and society
as a whole. This paper submits that global security will remain a compelling factor in diplomatic
relations in the twenty-first century.
U.S. Central Command Posture Statement 2013Tisha Wright
General James Mattis testified before the Senate Armed Services Committee about security issues facing the US Central Command (CENTCOM) area of responsibility. He outlined several strategic risks, including malign Iranian influence pursuing nuclear weapons and destabilizing the region, violent extremist organizations like al Qaeda, and state instability in places like Syria and Afghanistan. CENTCOM works with partners in the region to counter these threats and protect US interests through military engagement, security cooperation programs, and a tailored military presence and posture.
The document discusses the importance of human rights and the rule of law for global security. It discusses how violations of these principles can lead to conflicts within and between states. It provides examples of this in Ukraine, where Russia violated Ukraine's sovereignty, and in various frozen conflicts in other post-Soviet states. The document also discusses challenges in other regions, like the Middle East, North Africa, and the Mediterranean, where the lack of respect for human rights and rule of law in places like Syria, Iraq and Libya have contributed to instability. Overall it argues that strengthening respect for these principles globally is essential for addressing security challenges.
1) The document discusses the impact of terrorism on human rights, noting that terrorist acts threaten life, liberty, security and undermine governments and civil society.
2) It provides definitions of human rights and terrorism from UN resolutions and treaties. Human rights are universal and protect individuals from state interference. Terrorism involves violent acts intended to intimidate civilians for political aims.
3) States have an obligation under international law to protect individuals from terrorist threats through counter-terrorism measures, but these measures must also comply with human rights, refugee and humanitarian law. Striking a balance between security and rights poses a challenge.
Small peaceful protests in 2011 against Syria's President Assad spiraled into a destructive civil war due to Assad's violent crackdown and the international community's slow response. Over 100,000 have died as Assad portrays the conflict as against extremists while committing war crimes. The opposition is divided and no side can force victory, leaving a stalemate. While Assad remains weakened, he has survived predictions of collapse with help from allies like Russia and using divide and conquer tactics against his enemies. The future remains uncertain but some argue keeping Assad may prevent al-Qaeda control, despite his brutal tactics.
Operation Barbarossa was the code name for Nazi Germany's invasion of the Soviet Union during World War II. Launched in June 1941, it involved over 3 million German troops attacking along a massive front. The initial success was met with overconfidence, as Germany underestimated Soviet strength and resilience. Though they made early gains, the Germans were stopped at Moscow and suffered heavy losses due to Russian winter. Operation Barbarossa ultimately failed in its goal to defeat the Soviet Union, and marked a major turning point that weakened Germany's position in the war.
This document discusses the location and demographics of Syria. It notes that Syria borders Lebanon, Turkey, Iraq, Jordan, and Israel. It provides statistics on Syrian households during the ongoing conflict, such as 50% of family members being children under 18, 34% of households having no income, and 72% of households being in debt. It also outlines that the conflict began in 2011 and involved protesters demanding changes to presidential leadership and an end to over four decades of one-party rule.
The document summarizes the key parties in the ongoing Syrian civil war. It outlines that the war began in 2011 as popular protests against President Bashar al-Assad and Ba'ath party rule. It then describes the main factions supporting the Syrian government and opposition forces.
more than 28 months passed since the outbreak of Syrian conflict and still the same suffering and violence , this is clear message to all the world to see the misery that people live in .
This document discusses conflict management and resolution. It defines conflict as a disagreement, struggle or fight between incompatible views. While a lack of conflict can indicate over conformity, conflict also has both positive and negative consequences. The main sources of conflict are listed as aggressive behavior, competition for resources, frustration, clashes between values and interests, cultural influences, and misinformation. The document outlines strategies for managing conflict successfully, including active listening, empathy, and aiming for a win-win resolution where all parties achieve their desired outcome through collaboration and problem solving.
The document discusses conflict in organizations. It defines conflict as a situation where someone believes their needs have been denied. It lists symptoms of conflict such as tensions, poor communication, and falling productivity. Causes of conflict include disagreements over relationships, data, values, interests, and organizational structure. The document advocates for constructively addressing and resolving conflicts rather than ignoring or suppressing them.
Humanitarianism & War on Terror
INR 3403| Jessy Abouarab
The first use in English of the term 'terrorism' occurred during the French Revolution's Reign of Terror, when the Jacobins, who ruled the revolutionary state, employed violence, including mass executions by guillotine, to compel obedience to the state and intimidate regime enemies.
The association of the term only with state violence and intimidation lasted until the mid-19th century, That’s when it began to be associated with non-governmental groups
What is Terrorism?
The use of terror is not a new phenomenon,
a means to achieve political ends
but as we know it has recently acquired a new intensity.
In many cases, terrorists deliberately choose targets as a means of pressurizing governments of the state against certain actions. So its usually a political message.
2
anarchism
Anarchism, often in league with rising nationalism and anti-monarchism, was the most prominent ideology linked with terrorism.
Near the end of the 19th century, anarchist groups or individuals committed assassinations of a Russian Tsar and contestably a U.S. President.
In the 20th century terrorism continued to be associated with a vast array of anarchist, socialist, fascist and nationalist groups, many of them engaged in 'third world' anti-colonial struggles.
Insert a picture illustrating a season in your country.
3
What changed on September the 11th?
On 9/11, America..
Realized that al Qaeda was more than a criminal threat and enterprise.
That the network of Al Qaeda and the Taliban posed a dangerous threat and amassed a capability to attack the US on its own soil.
That counter-terrorism and anti-terrorism efforts required a comprehensive use of all US resources – it was not a law enforcement problem alone.
The Global war on Terrorism
The United States, its allies, and the world recognized that the threat posed by al Qaeda, the acts perpetrated against the US, were acts of war…
NATO invoked Article V of the treaty; the collective defense provision.
ANZUS collective defense provisions invoked.
OAS offers assistance..
Rio Treaty
On October 7 – the United States uses military force against those who attacked it.
A coalition of more than 40 countries joined the US in Operation Enduring Freedom (OEF).
OEF remains active as elements of the Taliban and al Qaeda network attempt to destroy the Karzai government and attack US forces in Afghanistan.
problems identified with terrorism
Definition:
How widely should the offence be defined?
What do they mean by Political Message
Are the motives and intentions behind the attack relevant?
What is the Relationship between terrorism and Use of force by state?
What is the Relationship between terrorism and Human rights?
Insert a picture of an animal and or plant found in your country.
The first major concern is that of definition.
how widely should the offence be defined?
for instance should attacks against property as well as attacks upon perso ...
The document discusses the situation in Syria and actions taken by the UN Security Council. It provides background on protests in Syria beginning in 2011 and the government's violent crackdown. It outlines UN investigations into Syria that accused the government of human rights abuses. The Security Council has struggled to reach agreement on resolutions, with China and Russia vetoing resolutions. The document calls for the Security Council to determine measures to address the crisis and transition Syria to democracy.
What role does liberalism play within security studiesCalum Rogers
Liberalism plays a key role in security studies by advocating for an international system of order, liberty, justice and toleration. Liberal theories emphasize free trade between nations, democratic peace, and international organizations to resolve conflicts constitutionally. However, critics argue international institutions have limited ability to prevent war between powerful states. Additionally, some countries view liberal policies as detrimental to their security interests.
This document provides an abstract for a master's thesis that examines the process of conflict management between Russia and the U.S. that led to the chemical disarmament of Syria. It defines Syria's conflict as intractable using five characteristics and four phases. It places chemical disarmament in the context of failed peace efforts through the Action Group for Syria. The chemical attacks in Ghouta in 2013 marked a tipping point where U.S., U.K., and France threatened military strikes, overshadowing Geneva talks. The thesis will argue that strategic interdependence between the U.S. and Russia, defined by the threat of U.S. force and Russia's manipulation of Syria, resulted in the chemical dis
Boko Haram is a local terrorist group in Nigeria that has adopted insurgency tactics. Their formal name translates to "People Committed to the Propagation of the Prophet's Teachings and Jihad." They were nicknamed "Boko Haram" meaning "western education is forbidden." In 2013, the US designated them a terrorist organization due to fears they had developed links with other militant groups like al-Qaeda. A global campaign was launched for the release of kidnapped Chibok girls. They consider education an enemy to their ideology and represent concepts like non-international armed conflict and insurgency under international law.
Each Response is 250 words eachResponse 1Goal number one t.docxbudabrooks46239
Each Response is 250 words each:
Response 1:
Goal number one this week is portraying a bit more chipper writing attitude as opposed to the last two weeks rather dystopian outlooks. I lay the blame on social isolation J. The common theme running through this weeks’ reading is how statute sovereignty hamstrings OIs such as IJC, International Criminal Court, NATO and so on. I found a couple things interesting in these articles as they are quite old, none more recent than ten years ago. First, de Nevers (2007) mentions NATO alliances agreed upon spending for defense. Defense Department's budget request for research and development for FY 2007 is $57.9 billion. This figure has more than doubled to $107B or 38.6 percent of all R&D budget for 2020 (CRS 2020) and has been a central focus point of the current US administration (Haltiwanger 2019). I interpret de Nevers (2007) framing of NATO’s international security role as a US “It’s my way or the highway”. The argument is reinforced with actions such as the US unilateral invasion of Iraq and the underlying reasons. Paulson (2004) notes (concerning the IJC, “In an increasing number of cases, however, a party refused either to appear or to participate in stages of the proceedings, and unwilling participants were less likely than others to accept the Court's judgment”. Mirror that with views of former UN Ambassador and former National Security Advisor, John Bolton, when referencing the jurisdiction of the International Criminal Court (Bolton 2018, Bolton 2001):
“The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court. We will not cooperate with the ICC. We will provide no assistance to the ICC. We will not join the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”
The extent of US objection to the ICC is it agreed to more than 100 bi-lateral agreements stating countries would not turn over US service members to the Court and passing legislation, American Service-Members' Protection Act in 2002, dubbed “the Hague Invasion Act” (Bolton 2018), that the US would use “any means necessary” to retrieve members from confinement at The Hague, essentially saying it held the right to militarily retrieve service members. Those examples may seem extreme but, in Bolton’s view, it centers on state sovereignty. Similar arguments flow throughout the articles be it whether the IJC judgments in Chad and Libya are observed (Paulson 2004), whether NATO is important to the spread of democracy (Reiter 2001), and so on. The core of each argument is state sovereignty and the debate as to whether an international organization has any sway over a nation’s actions. Such arguments have been made concerning NATO since its inception (U.B. 1958).
As John Bolton (2018) notes, 70 percent of the worlds’ population (including the US, China, Russia, India.
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Syria: The War within and the Challenges of International Law
1. International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org Volume 3 Issue 8 ǁ August. 2014 ǁ PP.01-09
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Syria: The War within and the Challenges of International Law Abubakar S.R. Matazu* Senior Lecturer, Faculty of Law, Usmanu Danfodiyo University, Sokoto, Nigeria ABSTRACT: The Syrian situation is one which defies many solutions proffered and thus, it lingers for more than two years, taking different dimensions. The greatest challenge to the international community is how both sides to the conflict are persistently violating international humanitarian law, as well as human rights. This paper qualifies Syrian conflict into non-international armed conflict and stresses challenges before international law. As the conflict lasts for this long, its resultant effect is, colossal loss of lives and properties, while the UN allows foreign interference. Three possible scenarios deducible from the conflict could be; the regime may succeed in quashing the opposition; or the opposition may topple the government. The last could be, settlement reached through negotiations. However, one fundamental question is what happens to the violations of international law? KEYWORDS: Armed conflict, Challenges, humanitarian law, human rights and violation.
I. INTRODUCTION
International law has emerged from an effort to deal with conflicts among states, since rules provide order and help to mitigate destructive conflict; it is developed in a number of ways. First, the law comes out of international agreements and treaties between states, being treaties the most important source of international law. The existence of law does not mean that conflict is any easier to resolve.1 However, states have rallied on treaties and other international agreements for security against war. The first important move beyond laws of war was the Kellog-Briands Pact, signed by 63 countries in 1928, which condemned recourse to war for solutions of international controversies and foreswore war as an instrument of policy. Beyond this , many core principles of international law related to conflict prevention, have been incorporated in to the UN Charter, which include (but not limited to);
- The prohibition of use of force unless in self defence - article 2(4);
- The primacy of national sovereignty- article2(7);
- The advancement of human rights; etc.
One of the clearest appeals to international law emerges with respect to Syrian conflict which started in March 2011. This paper therefore addresses the challenges before international law, with the growing violation of both international humanitarian law as well as international human rights law. This could therefore be possible, regards being had to the history and legal qualification of the conflict, principles of distinction and proportionality, the problem of displacement, as well as the recruitment and conscription of child soldiers in the execution of the conflict, means and method of warfare in the said conflict, to the different dimensions the conflict has been metamorphosing in to.
II. HISTORY OF SYRIAN CONFLICT
The Syrian civil war also known and referred to as the Syrian uprising, is an ongoing armed conflict in Syria, being fought between forces loyal to the Ba‟ath Party government and those seeking to oust it. The conflict
* LLB, Hons, LLM, PhD., Senior Lecturer, Faculty of Law, Usmanu Danfodiyo University, Sokoto, Nigeria. Dr. Abubakar Matazu currently teaches Human Rights and Public International Law at the Usmanu Danfodiyo University, Sokoto, where he was the Dean from 2002 to 2007. 1 Schabas W. A, International Law and Response to Conflict, in Turbulent Peace: Challenges of Managing International Conflict, in Chester A., Croker et al (ed), Washington DC, United State Institute of Peace Press, 2001, p. 603 – 618.
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began on 15th March 2011, with public demonstrations, as part of the Arab Spring. In April, 2011, Syrian government deployed its army to quell the uprising and soldiers were ordered to open fire on civilians.2
After months of military sieges the protests evolved in to an armed rebellion, as opposition forces became increasingly armed and organized as they unified in to larger groups as well as receiving military aids from several foreign countries.3 However, the main opposition remained fractured without organized structure, although with the defection of some military officers, the Free Syrian Army came under the command of Riad Assad, who announced on 22 September, 2012 that the rebel forces are unified and the Command Centre is being moved from Turkey to inside Syria, to enable them capture the capital city of Damascus, according to ALJAZEERA News of 22 September 2012. The Syrian government characterizes the insurgency as “armed terrorist group”.
The Arab League, US, EU, GGC states and other countries have condemned the use of violence against the protesters. China and Russia have opposed attempts to agree to UN Resolution, condemning Assad‟s actions and advised against sanctions, saying that, the method could escalate in to foreign intervention.4 Subsequently, the Arab League suspended Syria‟s membership over the government‟s response to the crisis, but sent an Observer Mission in December 2011, as part of its proposal for peaceful resolution of the crisis.5 In the last desperate attempt to reverse the fate of Syrians, the Arab League at its meeting in Cairo on 12 February 2012, adopted a resolution asking the Security Council to authorise joint Arab-UN forces to supervise the execution of ceasefire and it urged all its members to halt all forms of diplomatic cooperation with Syrian government.6 As a result, the former UN Secretary General, Kofi Annan was appointed as UN-Arab League Special Envoy. His efforts to broker peace between the opposition and the Syrian government proved abortive, thus he resigned his appointment. Lakhdar Brahimi, a Tunisian, was subsequently appointed.7 It is worthy of note that the situation in Syria is taking a lot of dimensions, with some countries already cutting ties with Assad‟s government, among which are Libya, Tunisia, Britain , Turkey, Canada US, Belgium.8 As a result, many countries have already recognised the rebels as the true representatives of Syria. And presently, there are other scenario attached to it, examples of which could be the issue of biological weapons‟ inspection and destruction by the UN and the proposed meeting of Syrian representatives and the opposition due to take place in Geneva What could have worsen the situation was the statement made by NATO on 1 November, 2011 of its intention of taking military action in Syria, after closing seven month campaign in Libya. Notwithstanding the position of Russia and China in disagreeing with sanctions, as a method that could escalate foreign intervention, Libyan government offered weapons, money and potential volunteers, who, right now are fighting alongside the opposition. In addition to this, the American Central Intelligence Agency is distribution of assault rifles, anti tank rockets‟ launchers and other ammunitions to the Syrian opposition.9 This showcases why America has insisted on attacking Syria on an allegation of the use of biological weapons, if not for the pact reached between it and Russia.
III. LEGAL QUALIFICATION OF THE CONFLICT
In Syria the situation is one of fundamentally an armed and unarmed insurrection against the government, which is, the people are fighting the state, not each other. This position was held one month before the Red Cross declaration that, the conflict in Syria constituted a civil war. Joe Fearon, a Professor of political science at Stanford University, defines civil war as an armed conflict within a country between organized groups, who are fighting to
2 Syrian Civil War, available at www. en.wikipedia.org/wiki/Syria-civil-war, last visited 19 September 2012. 3 Ibid. 4 Ibid. 5 Ibid. 6 Parah, L.., Humanitarian Crises as a fresh Justification for international action in Syria, available at www.iss.europa.en/.../humanitarian crises-as-a fresh-jus, last visited 23 September 2012. 7 Reasons behind Anan‟s resignation were that, parties were not willing to cooperate with him in solving the crises . 8 As the conflict goes on, other countries followed suit in cutting diplomatic ties, while others may likely reestablish it, which is not probable.
9 Sterlin J., Is Syria in a Civil War? Available at http://www.bestthinking.com/tramendingtopic/relate, last visited 19 September 2012
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control the central government or over a control of a region.10 To solve the problem that the above definition might create, towards qualifying the Syrian situation, was the statement of Jakob Kellenberger that, the conflict in Homs and the Province of Idlib, this year met the agency‟s three criteria of a non-international armed conflict- namely, intensity, duration and the level of organisation of rebels fighting government forces.11 He went further to say that,‟ it can be a situation of internal armed conflict in certain areas, such as the fighting in Bab Amru. What should be realized in qualifying Syrian situation in to non-international armed conflict is the fact that, there is protracted armed violence between governmental authorities and organized armed group. This is so, regards being had to the intensity and the duration of the hostility and the degree of the organisation by the parties. It is however now clear that certain acts committed by both sides in those places can qualify to war crimes, for example, attack on civilian and civilian objects. It therefore suffices to say that the importance of this qualification is to imply future prosecutions for war crimes.
IV. CHARACTERISTIC OF THE CONFLICt
There is no gainsaying the fact that, in the Syrian conflict there is gross violation of humanitarian law, on the one hand, and on the other, human rights. This however suggests that, both humanitarian law and human rights law, apply during armed conflict and that the two bodies of law are complementary and influence each other. Thus, the various organs of the United Nations, along with international jurisprudence and doctrines, affirm that principle that, “fundamental human rights, as accepted in international law and laid down in international instruments, continue to apply fully in situation of armed conflict.”12 While the international humanitarian law remains the special law applicable during armed conflict, conflicting norms or standards sometimes require interpretation to determine whether a rule of humanitarian law or human rights law prevails in concrete setting. It is however worthy of note that in international humanitarian law, the main principles reining in the use of force are the principles of distinction and proportionality, in order to avoid incidental loss of civilian life or damage to civilian objects.13 The principle of proportionality in humanitarian law is different from proportionality in human rights law. Whereas human rights law require that the use of force be proportionate to the aim to protect life, humanitarian law requires that the incidental loss of civilian life, injury or damage to civilian objects, caused by an armed attack must not be excessive, „in relation to the concrete and direct military advantage anticipated.14 There is however the growing position that even under humanitarian law, the ability to use lethal force is limited not only by the principle of proportionality protecting incidental loss or damage to civilian objects, but also by other limitations inherent to humanitarian law, in particular, the principle of military necessity and the principle of humanity.15 Having identified that the situation in Syria is a non international armed conflict, it should be noted that, the treaty-based humanitarian law of non-international armed conflict contains very few rules on the conduct of hostilities. The most important one is the protection of civilian against attack, unless for such times as they take a direct part in hostilities, enshrined in Article 13(3) of APII. In Syria, the conflict is taking a lot of dimensions with many non-state parties to the conflict, ranging from Shahiba16 (a notorious Alawite paramilitary, who are accused of acting as unofficial enforcers for Assad‟s regime); the Free Syrian Army, most of who are defectors, to the Syrian National Council, which is the stage of the revolution of Syrian people. There is also the semblance of sectarianism, as some accused the government of fomenting sectarianism. In addition to this, there is the Kurdish stance in the conflict. Syrian Kurds represent 10% population and suffered decades of discrimination and neglect, and above all, since 1962, have been denied Syrian nationality.17
10 Ibid, the above definition by Joe Fearon, was considered to be an expired academic definition, but reasons for such are not farfetched hence it points some sense in the qualification of the conflict.
11 Some Syrian Violence amongst to civil War, available at www.reders.com.syria-redcross- iduSL5E8687ICJ2012050, last visited 20 September 2012. 12 Pfaner, T., Editorial of the International Review of the Red Cross Vol. 90, No 871,September 2008, p. 485. 13 Droege, C.,‟ Elective Affinities? Human Rights and Humanitarian Law‟, IRRC, Vol 90, No 871, September 2008, p. 525. 14 Ibid, p.526. 15 Ibid. 16 Gunmen loyal to Assad, which have created the secretive military, for the government, in times of crises. 17 Above note 9, to neutralize potential Kurdish opposition 200,000 were granted citizenship, but on 19 July 2012, Kurdish Democratic Party and Kurdish National Council forced out government forces from several areas.
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In the same vein, there is foreign involvement. The conflict is interpreted as part of proxy war between Sunni states of Saudi Arabia, Turkey and Qatar- who support the Sunni sled opposition. While Iran and Hezbollah in Lebanon support Alawite led government in Syria.18 Being that what it may, all armed forces in the hostility, including the non-state armed groups are required to abide by international humanitarian law as well as human rights law.
However, due to violations of both humanitarian law and human rights, the Human Rights Watch has repeatedly documented and condemned violations by Syrian government security including extra judicial killings, unlawful killings of civilians, enforced disappearances, use of torture and arbitrary detention. On the part of the opposition, they have subjected detainees to ill-treatment, torture and extra-judicial or summary executions in Aleppo, Latakia, Idlib, reported the Human Rights Watch on 12 September 2012.19 Torture and extra judicial or summary executions of detainees in the context of an armed conflict, are war crimes, and may constitute crimes against humanity, if they are widespread and systematic.
V. INTERNATIONAL LAW QUESTION
There are series of violations of international law regards being had to specificities of issues bordering on the requirements of international law and the standard setting, whereby the two factions in the violence supposed to have undertaken. This ranges from attack on civilians and civilian properties, treatment of detainees, the principle of proportionality, the issue of displacement, either internal displacement or refugees, conscription of children as soldiers, to the involvement of neighboring countries of, for example Turkey, Lebanon, and Iran in the crisis, to say the least.
a) Attack on civilian persons and their properties
Article 50 of API defines civilians as „persons who are not members of the armed forces‟, being that they are non-combatants who do not take part in hostilities and thus under no circumstance could a civilian person or his properties be attacked. In this connotation however, it is worthy of note that the principle of distinction dictates that civilians in the hands of the enemy must be shielded from abuses of power and must also be spared of military operation. This is an important obligation expressed by APII thus:
The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations…shall not be the objects of attack. Acts or a threat of violence the primary purpose of which is to spread terror among the civilian population is prohibited.20
In the same vein, objects that are indispensable for the survival of the civilian population are to be protected and as such, it is therefore prohibited to attack, destroy, remove or render useless for the purpose, objects indispensable to the survival of civilian population, such as foodstuff agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and irrigation works.21 It is however worthy of note that, there are certain acts that are prohibited, at any time and in any place, with respect to protected persons, which a civilian is part and parcel. These acts which shall not be meted on civilian persons include:
(a) Violence to life and person, in particular, murder of all kinds ,mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and carrying out of execution without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized persons.22
18 Above note 9. 19 Available at http://www.how.org/news/2012/09/17, Syria-end-opposition-use-Syria: End opposition use of torture, execution, last visited 19 September 2012. 20 Article 13, AP II. 21 Ibid. 22 Article 3(1), Geneva Convention IV.
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In as much as civilians shall not be object of attack, acts or threats of violence, the primary purpose of which is to spread terror against the civilian population are prohibited, the same way, attack on civilian population, by way of reprisals, are prohibited.23
With regards to civilian objects, attacks shall be limited to military objectives, which by their nature, location, purpose or use, make an effective contribution to military action whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.24
This suffices to say that in the conduct of military operations, constant care shall be taken to spare the civilian population and civilian objects. The civilian objects include, but not limited to, cultural objects and places of worship, objects that are indispensable to the survival of the civilian population (meaning that starvation as a method of warfare is prohibited), the natural environment and works and installations containing dangerous forces.25 The violation of all the aforesaid shall not release the parties to the conflict from their legal obligations under whatever name a party to a conflict is operating.
In the case of Syrian conflict, it should be stated categorically that, events unfolding themselves prove that civilians are not protected on the part of both government forces and the rebel forces. And by so doing, acts committed by both sides qualify to war crimes while torture, extra judicial killings, unlawful killings of civilians and arbitrary detention, are also by their nature, constitute war crimes and crimes against humanity, by the time they become widespread and systematic.26 An example could be traced in the mortar strike from within Syria to a Border town of Akcakale, in Turkey, which killed a woman and her four children. This was followed by a retaliatory shelling of some towns within Syria by Turkey and all these events coincided with four explosions in Aleppo, which killed 34 people, most of whom were civilians.27 (b) Displacement
The conflict in Syria has caused thousands to flee their homes with many seeking safety in nearby countries. According to the UN, about 1.5 million Syrians are displaced within the country. Turkey has seen the largest influx of refugees, Lebanon and Jordan with a significant number. On 11 September 2012, the United Nations High Commissioner on Refugees (UNHCR) has reported that a number of Syrian refugees have reached over 250, 000, exceeding the UNHCR estimate of 185,000 for the entire year.28 And now with the September, 2013 report of UNCHR the number has reached an alarming rate of 2.1 million persons, originating from the country and over 1.9 million registered refugees.
It is however worthy of note that, as a result of the above fact and figure, the UN High Commission for Refugees is in a delicate situation, considering the fact that Syria is the third most important host for refugees in the world, with close to half a million Palestinians and more than 100, 000 Iraqi registered refugees.29 There is however internal displacement caused by the direct or indirect action of both government forces and the armed groups of Free Syrian Army and generally the rebels. Faced by this threat, people either remains in their homes at the risk of losing their lives, live in fear or move to another part of the country. It should be noted however that the number of internally displaced persons presently is over 6.5 million with over one hundred thousand lives lost. (c) Conscription of Child Soldiers
There are 250,000 children that are thought to be involved in the armed conflicts. Some estimates put the figure at 300, 000, with 40, 000 of child soldiers as girls. Many are recruited by force- stolen from their families and
23 Article 50(2) and (6) of AP I. 24 Article 52, ibid. 25 See generally Article 53, 54, 55 and 56, ibid. 26 See above note 19. 27 Reported Syrian State TV and Aljazeera, on 3 October, 2012. See Ajenglish.com. As a result of the mortar strike, Turkey immediately called on NATO Secretary General and US on the need to convene an emergency NATO meeting, while Turkish Parliament also met and considered response as within the rule of engagement. It should be noted that the issue of cross border hostility may introduce another dimension to the conflict in Syria. 28 Syrian Refugees top 25,000, Associated Press, 11 September 2012. See above note 2, op cit.
29 Above note 19 and http://www.internal. Displacement.org/countries/Syria, visited 11 November, 2013.
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forced to fight. Sometimes children are made to kill their relatives, so they can never return home. Others join voluntarily, driven by poverty and the hope for regular meal. Not all of them fight; some may be given jobs such as couriers, while girls are often forced in to sexual slavery.30 Human Right Watch reported that armed opposition groups in Syria are using children in combat and other military purposes as remarked:
Children as young as 14 have served in at least three opposition brigades, transporting weapons and supplies and acting as lookouts… children as young as 16 have carried arms and taken active roles against government forces.31
In addition to the above, male children of Syrian refugees, in neighboring countries remain prone to conscription and engagement in fights. This is so as HRW saw older men encouraging young boys to join the opposition armed forces. The organisation also checked several pieces of video footage online including clips from Free Syrian Army brigades, showing child fighters and „martyrs‟ and others as children saying they want to die as martyrs. A clip showed a boy beheading captives as „cleansing‟ process, taking place at a crime scene. Decapitated heads were picked p and placed on top of their bodies for swap deals, as victims were abducted individuals or prisoners.32 Several laws are clear on this point and explain the minimum year of conscription and enlistment in to armed forces. In Syria, article 40 of the constitution under the Service of the Flag Law, Decree no. 115 of 5th October 1953, the minimum age of conscription, was the first day of January in which a Syrian citizen reaches 19. Although the law reserved the right, to lower the recruitment age to 18, in times of “war or emergency”. However there is no known domestic legislation that criminalises the age of recruitment of under 18, but Syrian government said it monitored the ages of recruitment and held that all international legal instruments signed by the government, including Optional Protocol are treated as domestic laws, so that there no need to enact a special law to incorporate such a domestic law. The report of the Committee on the Right of the Child was considered in Oct 2007 and the Committee appreciated Syria‟s legal commitment on child recruitment but urged Syria to enact a legislation explicitly prohibiting the recruitment of children.
It is worthy of note that, Syria worked with ICRC to train a number of military officials in international humanitarian law, as part of efforts to integrate international humanitarian law in to theoretical and practical military training. It ratified the International Labour Organisation Convention No. 182 on Child Labour.33 It was in this sense that, Syria, in 2003 amended some legislation.
An array of instruments speaks volume of protection afforded to children during armed conflict. The 1977 Additional Protocols to the Geneva Conventions provide that, children shall be subject of special respect and shall be protected against any form of indecent assault.34 Preamble to the Committee of the Right of the Child also provides that:
The child shall be fully prepared to live an individual life in society and brought up in the spirit of the ideals proclaimed in the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.35
30 Child Soldiers- The fact, available at www.peacedirect.org/lending-page/childsoldie, last visited 19 December 2012. The Aljazeera report of 23 February, 2013 is that not only children are conscripted; there are about 50, 000 women that are now enlisted in the Syrian Armed Forces mainly guarding check-points. 31 Human Right watch: Child Soldiers fighting in Syrian opposition,
available at www.al-monitor.com/pulse/politics/2012/hrw-accuses-syrian-opposition-of-enlistingchild-soldiers, last visited 19 December 2012. 32 Ibid.
33 Available at www.childsoldiersglobalreport.org/content/syrian, last visited 19 December 2012.
34 Muhri, D. B., International Legal Standers, available at www.digitalcommons.uga.edu, last visited 19 December 2012. 35 See generally preamble of Committee on the Rights of the Child.
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The Rome Statute of the International Criminal Court made the practice of conscripting, enlisting and using children under age of 15, in hostilities, a war crime.36 The African Charter on the Rights and Welfare of the Child, though regional treaty also established 18 as minimum age of for recruitment and participation in hostilities.37
To be specific, Additional Protocols to the Geneva Conventions were the first international instruments to regulate the role of children in armed conflict. Thus API obligates parties to conflict to:38
In recruiting among those persons who have attained the age 15years but who have not attained the age of 18 years, the parties to the conflict, shall endeavor to give priority to those who are oldest.39 The above explains that any child conscripted, recruited or enlisted in to any armed forces and used in the conduct of hostilities, before attaining the acceptable age of 18 years, the party that does so is in violation of the law and as such a war crime. (d) Means and Method of Warfare
Each party to the conflict must take all feasible precaution in the choice of the means and method of warfare with a view to avoiding, and in any event to minimizing incidental loss of civilian life, injury to civilian and damage of civilian object. In international armed conflict the duty of taking feasible precaution is set forth in Article 57(2)(a)(ii) of Additional Protocol I. The obligation is included in many military manuals. The APII does not make an explicit reference to the obligation to take all feasible precaution in the choice of means and method of warfare, but more recent treaty law applicable in non-international armed conflict does so, namely the Second Protocol to the Hague Convention for the Protection of Cultural Property.40 This rule is set forth in the Military Manuals which are applicable in or have been applied in non-international armed conflicts.41
Weapons are nevertheless an integral feature of every armed conflict and the use of weapons is as old as the war itself. The earliest warriors were armed with clubs, spears and daggers. The iron revolution three thousand years ago led to the spread of weaponry, giving military power to the peasantry and townspeople of the word‟s fertile regions. Technological advances aimed at increasing firepower and the development of nuclear were the logical culmination and the ultimate refutation of the adage that war is, or might be, a continuation of politics by other means42.
It is however worthy of note that the aim of arms-control measures is to maintain peace and security and reduce the destructive potential of war. In many ways, arms control measures overlap with international humanitarian law. Rules of international humanitarian law are designed to moderate the hardships of war by attempting to confine hostilities to armed forces43.
Under modern law, weapons used should not be of a nature to cause greater injury or suffering than is necessary for military purposes, military objectives and civilians or civilian property. Thus, it suffices to say that, it is up to each individual State or party to a conflict to determine whether new weapons comply with international humanitarian law or not. The law of the conduct of hostilities is composed of a variety of rules designed primarily to protect the civilian population against the effects of hostilities. However, the law also prohibits the abuse of protection, in particular by using civilians or civilian objects to shield military objects44. In the same vein, the general principle of proportionality inherent in all international law, prescribes that, action by the parties to a conflict must not be beyond what is necessary to achieve. In its advisory opinion on the legality of the threat or the use of nuclear weapons, the International Court of Justice stated that, proportionality has to be upheld in both jus ad bellum and jus in bello. It stated:
36 Article 8, Rome Statute of the ICC. 37 OAU DOC. CAB/LEG/24.9/49 (1990). 38 Art 72(2) API 39 Art 145, ibid. 40 Article 7, Second Optional Protocol to the Hague Convention, for the Protection of Cultural Property. 41 See for example Military Manuals of Benin, Croatia, Germany, Italy, etc. 42 See the editorials of IRRC, vol.87, No. 859, September 2005, pp413-417. 43 Ibid. 44 See the editorial of IRRC, VOL. 88, No. 864 of December 2006.
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Use of force that is proportionate under the law of self–defence, must, in order to be lawful, also meet the requirement of the law applicable in armed conflict, which compromises in particular the principles and rules of humanitarian law45. Now the question is, whether in Syrian conflict there is arm control measures put in place in the conduct of the hostility or not.
(e) Different Dimensions of the Conflict
The Syrian armed conflict is one that defies all foreseeable solution, having been there for getting to two years now. There was however discussions as to whether to intervene in Syria on the basis of ( R2P) right to protect, that is on whether the most heinous crimes are being committed or have committed by the regime against its people. The UN Security Council has of course applied this relatively new concept in relation to Libya, but with a different outcome46. It is however argued that R2P becomes another political exercise of Permanent Five.
It is however worthy of note that, Rights to Protect have contributed to the politicization of the interpretation of international crimes as ILC pointed out in 2000, responsibility for states for gross violations of fundamental international obligations and criminal responsibility under international law, may exist in parallel, but should not be mistaken for one another47. What should have been done is for UN Security Council to refer Syrian situation to International Criminal Court, which should have jurisdiction to investigate violations, by both government forces as well as the rebels. In this sense, it is expected that even Russia and China will most likely support. This is more so with the agitation of US to attack Syria on the allegation that, it used chemical weapons on its citizens, the claim which has been denied by the Syrian government. Had US attacked Syria, the following question, of international law principle, could have been apt – what prerequisites would an external party/parties need to satisfy, in order to legally use force, in Syria, since the use of force or military intervention is, in principle, contrary to Article 2(4) of the UN Charter? However America argued that, the “doctrine of humanitarian intervention” allows military action without the authorisation of the UN.
Another fundamental dimension to the Syrian conflict is how it turned in to a sectarian affair. The UN Independent International Commission of Inquiry has finally admitted sectarian civil war is raging in Syria.48 The UN Panel led by Paulo Pinheiro of Brazil, states that the conflict has evolved from being a battle for political change into one that is:
Overtly sectarian in nature…mounting tensions have led to clashes between different armed groups along a sectarian divide, with some minority communities notably the Alawites and Christians forming armed self- defence groups to protect their neighborhoods from anti-g fighters…49
The report produced, is a devastating indictment of US and other western powers, who have worked with Turkey, Saudi Arabia and Qatar to depose Assad, by recruiting and aiding a Sunni insurgency, overwhelmingly made up of Muslim Brotherhood supporters, Salafist and Al-Qaida-style groups. Many are foreign fighters brought to Syria with the specific aim of waging a jihad against what they conceive as heretical government. With sectarian divisions affecting Sunnis, Alawites, Armenians, Christians, Druze, Palestinians, Kurds and Turkmen, the entire communities are at risk of being forced out of the country or of being killed. For example about 800, 000 Christians who once lived in Homs, where Jabhat al- Nusra has a large presence, have fled to Damascus or Beirut.50
Besides the sectarian nature of the conflict, there is also propaganda machinery mounted by mostly those who want to see to the end of Assad‟s government. There is the growing propaganda by US against Syrian government of firing scud missiles against the opposition. US alleged that the Syrian military had fired six scud missiles at Sheikh Sulaiman base near Aleppo, occupied by the FSA. Syria denied this claim as „untrue rumours.‟51
45 Ibid. 46 Parah. Op cit, above note 6. 47 Ibid.
48 UN admits Syria Wrecked by Sectarian Civil War, available at http://www.guardian.co.uk/middle-east-live, last visited 21 December, 2012. 49 Ibid. 50 Ibid. 51Ibid.
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VI. CONCLUSION
It is worthy of note that international humanitarian law must be respected independent of any argument of jus ad bellum, regard being had to the legality of use of force. In this sense, the claim of self-defence is immaterial. The above also postulates that the conflict in Syria is violent with a shift in the paradigm of the war. Thus, a conflict of Syrian type is multi faceted with different interest groupings, but the most unfortunate situation is that the UN is being bastadised to look like a lame duck, with its Special Envoy remarking that the conflict if not ended, could lead to the death of another one hundred thousand people by in the year 2013, coupled with the already 40, 000 lives lost in the last twenty months, as at 30 November 2012. This figure has escalated, given the lukewarm attitude of UN in allowing foreign interference, like that of US, by supplying arms to the opposition – a very dangerous precedent. It is worthy of note that, arming the opposition by Washington and its allies will continue, in anticipation that Assad‟s downfall will weaken Iran and consolidate US hegemony over the oil riches of the region. This argument has repeatedly been made by the advocates of war that only decisive intervention can ensure that Assad‟s downfall will see his regime replaced by a democracy and prevent the danger of chemical weapons falling in to the hands of jihadist groups. The truth of this position leaves much to be desired. The sectarian nature of Syrian conflict is part of the crisis that engulfs the Middle East or particularly the Arab world. It is hard to determine who the winner could be, but even after the civil war a lot of issues bordering on the challenges before the international law will remain. One of such challenges is the respect of human rights and humanitarian law. This is because both parties to the conflict are accused of violations, but could the opposition win, they could be held in high esteem by the West and US. The problem attached to this is that the culture of impunity will be perpetrated, since a precedent is set in Libya. With rebels in government, all the atrocities committed by them will never be made mention of. On the other hand, members of the deposed government will be made to answer charges of international crimes, either before international Criminal Court or at home.
The Syrian conflict may have three possible theoretical scenarios. One is that, the regime security policy proves successful as it manages to quash the uprising before implementing a package of reforms, and in some cases, new laws. However, it is noteworthy that the regime is bankrupt and has lost every shred of its legitimacy and is only able to maintain its unity, courtesy of its military and security forces, which is still obedient to the regime, unlike the case of Libya or Egypt. The second scenario is that the uprising manages to topple the regime. A rational approach to the current balance of power does not support this conclusion. It is only likely in the event of outside intervention, which is not certain presently.52 The third scenario may be settlement reached by negotiation, between the representatives of the popular opposition groups and the regime. This has proved to be difficult, with Syrian National Council pulling out of all international talks, but the hope will not be lost entirely, since there could be more windows for negotiations, only if all Syrians come to term with reality that, they are doing harm than good to the country and not any other place. The Syrian conflict is a situation that defies all possible solutions and scenario. This is so, with the Arab League authorizing the Syrian National Council‟s chairman, to occupy the Syrian seat at the Arab League Summit held in Doha in March, 2013. Nobody would say what will happen next, since international law‟s capacity to remedy the crisis in Syria, is fraught, but time will tell.
52 Ibid. However, peace talk dubbed as Geneva II, aimed at bringing the opposition and the regime of Syrian President, Assad, is slated for November, 2013. The Arab League has urged the opposition to attend.