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The Syrian Conflict's Impact on International Law

The Syrian Conflict's Impact on International Law
Author: Michael P. Scharf
Publisher: Cambridge University Press
Total Pages: 237
Release: 2020-03-26
Genre: Law
ISBN: 1108870554

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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 Conflict in Syria and the Failure of International Law to Protect People Globally

The Conflict in Syria and the Failure of International Law to Protect People Globally
Author: Jeremy Julian Sarkin
Publisher: Routledge
Total Pages: 306
Release: 2021-11-29
Genre: Law
ISBN: 1000471837

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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 The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply.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 Syrian War

The Syrian War
Author: Hilly Moodrick-Even Khen
Publisher: Cambridge University Press
Total Pages: 337
Release: 2020-01-09
Genre: Law
ISBN: 1108487807

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


Internationalized Armed Conflicts in International Law

Internationalized Armed Conflicts in International Law
Author: Kubo Macak
Publisher: Oxford University Press
Total Pages: 304
Release: 2018-07-12
Genre: Law
ISBN: 0192551787

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This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.


The Conflict in Syria and the Failure of International Law to Protect People Globally

The Conflict in Syria and the Failure of International Law to Protect People Globally
Author: Jeremy Julian Sarkin
Publisher: Routledge
Total Pages: 290
Release: 2021-11-28
Genre: Law
ISBN: 9781000471861

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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.


Spillover from the Conflict in Syria

Spillover from the Conflict in Syria
Author: William Young
Publisher: Rand Corporation
Total Pages: 85
Release: 2014-08-27
Genre: History
ISBN: 0833087266

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All roads lead to Damascus and then back out again, but in different directions. The financial and military aid flowing into Syria from patrons and neighbors is intended to determine the outcome of the conflict between a loose confederation of rebel factions and the regime in Damascus. Instead, this outside support has the potential to perpetuate the existing civil war and to ignite larger regional hostilities between Sunni and Shia areas that could reshape the political geography of the Middle East. This report examines the main factors that are likely to contribute to or impede the spread of violence from civil war and insurgency in Syria, and then examines how they apply to Turkey, Lebanon, Iraq, and Jordan.


Armed Conflict and Forcible Displacement

Armed Conflict and Forcible Displacement
Author: Elena Katselli Proukaki
Publisher: Routledge
Total Pages: 227
Release: 2018-03-05
Genre: Law
ISBN: 1317243897

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This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.


The Consequences of Chaos

The Consequences of Chaos
Author: Elizabeth G. Ferris
Publisher: Brookings Institution Press
Total Pages: 129
Release: 2016-04-05
Genre: Political Science
ISBN: 0815729529

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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.


The Responsibility to Protect in Libya and Syria

The Responsibility to Protect in Libya and Syria
Author: Yasmine Nahlawi
Publisher: Routledge
Total Pages: 156
Release: 2019-11-14
Genre: Law
ISBN: 0429865708

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This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.


Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change
Author: Michael P. Scharf
Publisher: Cambridge University Press
Total Pages: 241
Release: 2013-05-31
Genre: Law
ISBN: 1107276764

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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.