Anaya Nolan
The Syrian Civil War is one of the most controversial conflicts of the 21st century, with world leaders unsuccessfully attempting to Save Syria. International humanitarian law was established to mitigate the horrors of war, and the four Geneva Conventions of 1949, signed by 194 states, outline how wars should be fought, detailing ways to aid and protect the wounded, prisoners of war, the sick, and civilians. However, the international community's response to the Syrian crisis has exposed flaws in the UN's legal framework for authorizing the use of force, particularly in response to chemical weapons attacks on civilians. While international law is created and adopted by states, it lacks an overarching enforcing authority, and its effectiveness relies on states fulfilling their self-imposed obligations. The situation in Syria has been further complicated by the involvement of external powers, such as the United States, the United Kingdom, France, and Israel, whose actions have at times violated international law and norms. Despite its limitations, international law holds immense potential to promote humanity and justice, and efforts to strengthen it are crucial to protecting human rights and preventing future atrocities.
| Characteristics | Values |
|---|---|
| International humanitarian law | To ameliorate the scourge of war |
| Geneva Conventions of 1949 | To help and protect the war wounded, prisoners of war, the sick and civilians |
| International Committee of the Red Cross (ICRC) | Guardian of the Geneva Conventions and International Humanitarian Law |
| Role of the United States | Interventions deemed both legal and illegal |
| Israel and Syria | Israeli actions inconsistent with international law |
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What You'll Learn
International humanitarian law and the Syrian conflict
International humanitarian law (IHL) is a set of rules that seek to ameliorate the scourge of war. The four Geneva Conventions of 1949, signed by 194 states, form the basis of IHL. These conventions cover international conflict, outlining how wars should be fought and detailing ways to help and protect the war-wounded, prisoners of war, the sick, and civilians.
The Syrian Civil War is one of the most controversial conflicts of the 21st century, with multiple countries intervening. The United States' intervention, for example, has been deemed illegal by some due to its unilateral nature and lack of UN endorsement. On the other hand, some argue that it conforms to the doctrine of responsibility to protect, which admonishes states to safeguard citizens from human rights violations.
Israel's behaviour in Syria has also been criticised for its disregard for the fundamental principles of international law. Within days of the collapse of the Assad regime, Israel abrogated its 1974 disengagement agreement, capturing the buffer zone in the Golan Heights and additional Syrian territory. Israel's actions, which included destroying Syria's military capabilities and capturing towns, are inconsistent with international law, particularly as the political authority replacing the Assad regime remains unclear.
Despite the existence of IHL, the international community's response to the Syrian conflict has been largely unsuccessful in enforcing these laws and protecting civilians. The UN has emphasised the need for compliance with international law, urging all parties to prioritise the welfare of Syrian citizens, establish localized ceasefires, and provide access to humanitarian aid. However, achieving these objectives relies on the dedication of the conflicting parties and the support of the global community.
In conclusion, while international humanitarian law provides a framework for addressing the concerns of those suffering in the Syrian conflict, the lack of an overarching enforcing authority poses a challenge. The effectiveness of IHL ultimately depends on the commitment of the international community to uphold and enforce these laws.
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The role of the United Nations
The United Nations (UN) has played a significant role in the Syrian conflict, with its involvement shaping the trajectory of the crisis. The UN's role has been multifaceted, encompassing various diplomatic, humanitarian, and political efforts.
One of the UN's key roles has been to advocate for and promote compliance with international law. The organisation has consistently urged all parties involved in the Syrian conflict to adhere to international humanitarian law and respect the human rights of civilians. This includes emphasising the importance of safeguarding civilians, protecting prisoners of war, and preserving vital infrastructure. The UN has also highlighted the necessity of accountability for any violations of international law, recognising that such actions extend the conflict and hinder peace-building initiatives.
Additionally, the UN has actively pursued diplomatic solutions to the conflict. Geir O. Pedersen, the Special Envoy for Syria at the UN, has called for de-escalation and encouraged all parties to engage in constructive dialogue and negotiations. The UN has advocated for a countrywide ceasefire to enable humanitarian access and alleviate the suffering of civilians.
The UN has also facilitated humanitarian aid and supported humanitarian organisations operating in Syria. Notably, the UN has collaborated with the International Committee of the Red Cross (ICRC), which has provided neutral humanitarian assistance, even in critical areas such as Homs.
Furthermore, the UN has provided a platform for discussions and negotiations between various parties. For example, the Geneva II talks, which included the short-lived humanitarian corridor to Homs, represented a rare success in the peace process.
However, it is important to recognise that the UN's authority is derived from its member states, particularly the five permanent members of the UN Security Council. The effectiveness of the UN's interventions is influenced by the interests and actions of these member states, as evidenced by the impact of unilateral interventions by individual countries.
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The Geneva Conventions
The first Geneva Convention, "for the Amelioration of the Condition of the Wounded in Armies in the Field", was adopted in 1864. It was the brainchild of the ICRC's founder, Henry Dunant, who was inspired to propose it after being shocked by the lack of facilities, personnel, and medical aid available to wounded soldiers after the Battle of Solferino in 1859. The first convention was updated in 1906 and again in 1929. The 1929 conference yielded two conventions: the third update to the first convention, and the "Convention relative to the Treatment of Prisoners of War", which supplemented the Hague Conventions of 1899 and 1907.
In 1949, a series of conferences were held that yielded four distinct Geneva Conventions. These conventions, signed by 194 states including Syria, cover international conflict and detail ways of helping and protecting the war wounded, prisoners of war, the sick, and civilians. The four Geneva Conventions of 1949 are foundational to international humanitarian law.
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The legality of US intervention
The Syrian Civil War is one of the most controversial conflicts of the 21st century, and the legality of US involvement remains disputed. The US has justified its intervention by citing the alleged use of chemical weapons against the Syrian people and widespread human rights abuses. However, without UN approval, the US intervention may be seen as a violation of international law and an impediment to peace-building initiatives.
The UN has consistently emphasized the importance of complying with international law and safeguarding civilians in the Syrian conflict. The UN Commission of Inquiry has made urgent appeals for all parties to fully respect international humanitarian law and protect civilians, especially in light of escalating violence and regional unrest. The Special Envoy for Syria at the UN, Geir O. Pedersen, has urged de-escalation and encouraged all parties to engage in constructive dialogue, prioritizing the welfare of Syrian citizens over military goals.
The US's strategic interests in Syria may also influence its intervention. From a realist perspective, interventions are devoid of ethical and moral considerations and are instead tools for advancing strategic objectives. The lack of an overarching enforcing authority in international law further complicates the assessment of legality, as the UN's authority relies on the recognition and cooperation of its member states, particularly the five permanent members of the UNSC.
While the US intervention in Syria remains controversial, international humanitarian law and the responsibility to protect citizens are crucial aspects to consider. The international community has a duty to enforce its obligations and protect the Syrian people, even if the path to doing so is challenging and complex.
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The implications of international law on the ground
International law is created and adopted by the international community of states. While it lacks an overarching enforcing authority, it is not useless. International humanitarian law, for example, was created to ameliorate the scourge of war. The four Geneva Conventions of 1949, signed by 194 states including Syria, cover international conflict and detail ways of helping and protecting the war wounded, prisoners of war, the sick, and civilians. The International Committee of the Red Cross (ICRC), which remains the guardian of the Geneva Conventions and International Humanitarian Law, has been providing humanitarian assistance in Syria, even in critical areas such as the city of Homs.
The UN has made urgent appeals for all parties in the Syrian conflict to comply fully with international humanitarian law and safeguard civilians in light of escalating violence. The UN's emphasis on compliance with international law and safeguarding civilians provides a structure for alleviating the persistent crisis in Syria. However, achieving these objectives relies on the dedication of the conflicting parties and the backing of the global community.
The UN has also observed that indiscriminate assaults, targeted residential zones, and the damage to vital infrastructure breach international law, extend the conflict, and obstruct peace-building initiatives. The UN has emphasized the critical necessity for de-escalation and urged all parties to participate in constructive dialogue, moving away from military choices and focusing on the welfare of Syrian citizens.
The interventions of the United States in the Syrian conflict have been deemed both legal and illegal by different analysts. Some argue that they are legal because they conform to the doctrine of responsibility to protect, which admonishes states to protect citizens from human rights violations. On the other hand, others argue that the interventions are illegal because they lack endorsement or approval from the UN, violating the precepts outlined in the UN Charter.
Israel's behaviour in Syria has also been criticized for its utter disregard for the fundamental principles of international law and its reliance on brute force and military power. Within days of the collapse of the Assad regime, the Israeli Air Force and Navy carried out massive attacks that destroyed most of Syria's military capabilities and captured Syrian territory, which is inconsistent with international law.
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Frequently asked questions
The United States' intervention in the Syrian conflict has been deemed illegal by some, as it lacked endorsement or approval from the UN, violating the precepts outlined in the UN Charter. However, others argue that it is legal due to its alignment with the doctrine of responsibility to protect human rights.
Israel's actions in Syria, including massive attacks that destroyed its military capabilities and capturing Syrian territory, are seen as a blatant disregard for international law. This behaviour undermines the fundamental principles of international law and can have dire consequences if left unchecked.
The UN has made urgent appeals for all parties in the Syrian conflict to comply with international humanitarian law and safeguard civilians. The UN emphasizes the need for de-escalation, accountability, and the welfare of Syrian citizens, encouraging a countrywide ceasefire and negotiations.
International humanitarian law, such as the Geneva Conventions, provides a framework to protect civilians and address their concerns during conflicts. While international law lacks an overarching enforcing authority, it is created and adopted by the international community of states, who have the responsibility to protect and save Syria.
