The Conflict In Syria And The Failure Of International Law To Protect People Globally

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

The massive dimensions of Syria's refugee crisis—and the search for solutions The civil war in Syria has forced some 10 million people—more than half the country's population—from their homes and communities, creating one of the largest human displacements since the end of World War II. Daily headlines testify to their plight, both within Syria and in the countries to which they have fled. The Consequences of Chaos looks beyond the ever-increasing numbers of Syria's uprooted to consider the long-term economic, political, and social implications of this massive movement of people. Neighboring countries hosting thousands or even millions of refugees, Western governments called upon to provide financial assistance and even new homes for the refugees, regional and international organizations struggling to cope with the demands for food and shelter—all have found the Syria crisis to be overwhelming in its challenges. And the challenges of finding solutions for those displaced by the conflict are likely to continue for years, perhaps even for decades. The Syrian displacement crisis raises fundamental questions about the relationship between action to resolve conflicts and humanitarian aid to assist the victims and demonstrates the limits of humanitarian response, even on a massive scale, to resolve political crises. The increasingly protracted nature of the crisis also raises the need for the international community to think beyond just relief assistance and adopt developmental policies to help refugees become productive members of their host communities.

Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.

The suffering of Syrian civilians, caught between the government’s barrel bombs and chemical weapons and religious fanatics’ beheadings and mass killings, shocked the world. Yet despite international law and political commitments proclaiming a responsibility to protect civilians from mass atrocities, world actors stood aside as Syria burned. Again and again, neighboring states, global powers, and the United Nations opted for half-measures or made counterproductive choices that caused even more harm. Alex J. Bellamy provides a forensic account of the world’s failure to protect Syrian civilians from mass atrocities. Drawing on interviews with key players, documents from the United Nations and other international organizations, and sources from the Middle East and beyond, he traces the missteps of the international response to Syria’s civil war. Bellamy systematically examines the various peace processes and the reasons they failed, highlighting potential alternative paths. He details how and why key actors prioritized their own national interest, geopolitical standing, regional stability, local rivalries, counterterrorism goals, or domestic politics rather than the welfare of Syrians. Some governments settled on unrealistic strategies founded on misguided assumptions while others pursued naked ambition; the United Nations descended into irrelevance and even complicity. Shedding new light on the decisions that led to a vast calamity, Syria Betrayed also draws out lessons for more effective responses to future civil conflicts.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The human rights records of more than ninety countries and territories is put into perspective in Human Rights Watch’s signature yearly report, which, in the 2014 volume, highlighted the armed conflict in Syria, international drug reform, drones and electronic mass surveillance, and more, and also featured photo essays of child marriage in South Sudan, the cost of the Sochi Winter Olympics in Russia, and religious fighting in Central African Republic. Reflecting extensive investigative work undertaken in 2014 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report 2015 is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

A unique collaboration providing an analysis of the conflict in Syria, focusing on the integration between legal and political studies.

"The situation in Syria poses an acute-some might say existential-challenge to the international community's commitment to justice and accountability. It also marks the abject failure of the international system of peace and security erected in the post-World War II period. The Security Council has been almost entirely incapacitated by the propensity of Russia to wield its veto against nearly every coercive measure of any consequence, including legal accountability, that might be imposed on the regime of Syrian President Bashar Al-Assad. As a result, other actors, within and outside of the United Nations, have endeavored to find inventive ways around this geopolitical impasse. This forced creativity has generated a number of innovative institutions, legal arguments, and investigative techniques aimed at advancing justice and accountability for Syria, wherever possible. This book catalogues the many obstacles to this pursuit of justice for Syria and analyzes ways today's justice entrepreneurs have worked to find paths around them. The book's subtitle-Water Always Finds Its Way-reflects this idea that the quest for justice is inexorable. Just as water eventually finds its way through cracks and around obstacles, even if at a trickle, so too will justice. Virtually every international crime that forms part of the international penal code-a mélange of customary international law and treaty provisions-has been committed in and around Syria. The Syrian people have witnessed and been subjected to deliberate, indiscriminate, and disproportionate attacks; the misuse of conventional, unconventional, and improvised weapon systems; industrial-grade custodial abuses in a vast network of formal and informal prisons; unrelenting siege warfare; the denial of humanitarian aid and what appears to be the deliberate use of starvation as a weapon of war; sexual violence, including the sexual enslavement of Yezidi women and girls trafficked from Iraq and the sexual torture of detained men and boys; and the intentional destruction of irreplaceable cultural property. Thousands of Syrians are missing, many of them victims of enforced disappearances. Even children are not spared. The long-standing taboo against the use of chemical weapons has been repeatedly flouted in ways that constitute a double violation of IHL: the use of a prohibited weapon to target civilians. And, the sectarian nature of the violence has raised the specter of genocide against ethno-religious minorities. Indeed, then-Secretary of State John Kerry announced in 2016 that ISIL was committing genocide against a number of minority groups in Syria and Iraq. Violence in the region has contributed to the biggest exodus of refugees since World War II"--