Posts Tagged ‘intervención humanitaria’

REPRISE: Humanitarian Intervention in Syria Without Security Council Authorization—Obama’s Debacle in Syria — Update #68 (July 25)

Wednesday, July 25th, 2012

The article reproduced below, and the earlier articles it cites, address the issue of the legal justifications that might be advanced to support the supply of arms to the insurgents in Syria, or to support military intervention to halt the commission of war crimes and crimes against humanity, whether by establishing a no-fly zone or a humanitarian corridor or more direct military engagement. These legal justifications are suggestive of the type of justifications that the governments engaged in such actions ought to provide. Obviously, their international lawyers can develop the definitive legal defenses in considerably more detail. But they should provide public legal justifications for their actions, instead of hiding behind a cloak of secrecy and covert operations, as the U.S. does with its program of targeted executions.

For additional background on international law and humanitarian intervention, see

V.S. Mani, “Humanitarian Intervention Today”, Recueil des Cours / Collected Courses, Volume 313 (2005), Académie de Droit International de la Haye / Hague Academy of International Law (Martinus Nijhoff, The Hague, 2005). The “Recueil des Cours” is available in one or more libraries in most of the countries in the world.

First published on April 8, 2012

The futility of the 6-point peace plan of Kofi Annan and the Security Council should now be clear for even the most willfully obtuse to see. Al-Assad has introduced on Sunday new conditions for compliance with the peace plan’s requirements for a ceasefire. As anyone who has closely followed developments in Syria over the last six months already knew, al-Assad will say or agree to anything, but he will never comply with any agreements that require him to halt the killing of the unarmed civilian opposition, or to comply with the laws of war in fighting armed insurgents.

The alternatives have been cogently presented by Senator John McCain in his speech on the Senate floor on March 5. His analysis is relevant not only to American decision makers and politicians, but also to all governments which want to bring the killing in Syria to a prompt halt.

See The Trenchant Observer, “Republican Senator John McCain Urges U.S. Military Attacks to Halt Atrocities in Syria—Obama’s Debacle in Syria — Update #3 (March 5),”
March 5, 2012

The time has come for humanitarian military action to halt the killing.

The Supply of Weapons

The supply of weapons to the opposition can arguably be justified under international law as a measure undertaken to to provide target populations the means to defend themselves when the government in power not only fails to comply with its obligations under “the responsibility to protect” resolution of the Security Council (Resolution 1674), but is itself actively engaged in the commission of the very war crimes and crimes against humanity that “the responsibility to protect” is is established to guard against.

The furnishing of arms to such populations should be conditional, a provisional measure to protect the civilian populations against crimes against humanity and the armed opposition against war crimes, until such time as the U.N. Security Council can act effectively to safeguard these populations.

Military Action by a State or Group of States to Halt the Commission of War Crimes and Crimes Against Humanity

Direct humanitarian intervention by a state or group of states may also be required. Such action against al-Assad’s military, after all other recourses have failed, should be undertaken as a provisional measure to ensure that “the responsibility to protect” is implemented within a state engaged in the wanton commission of war crimes and crimes against humanity–in direct contravention of its responsiblities under international law.

On the possible legal justifications for such actions, see the following articles and the sources named in them:

The Trenchant Observer, “Limited military action to halt crimes against humanity: A new template to halt terror in Syria, and elsewhere—Obama’s Debacle in Syria — Update #18 (March 28),” March 28, 2012.

The Trenchant Observer, “U.N. Commission Report on Crimes Against Humanity in Syria; Military Action; Unilateral Humanitarian Intervention in Syria and International Law
Friday,” February 24, 2012.

Nikolai Krylov, Humanitarian Intervention: Pros and Cons, 17 Loy. L.A. Int’l & Comp. L. Rev. 365 (1995). Available at: http://digitalcommons.lmu.edu/ilr/vol17/iss2/3.

The Trenchant Observer, “Military Intervention to establish “no-kill zones” and humanitarian corridors—Syria Update #9,” February 24, 2012.

The Trenchant Observer

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www.twitter.com/trenchantobserv

For links to other articles by The Trenchant Observer on this topic, and others, click on the title at the top of this page to go to the home page, and then consult the information in the bottom right hand corner of the home page. The Articles on Syria page can also be found here.

“By all necessary means”: Syria is closer than you think, and the hour is late—Obama’s debacle in Syria — Update #25 (April 9)

Monday, April 9th, 2012

Syria is Closer than you Think

Distance between Damascus and the following cities:

Beirut, Lebanon 53 miles
Amman, Jordan 110 miles
Tel Aviv, Israel 134 miles
Cairo, Egypt 382 miles
Ankara, Turkey 433 miles
Baghad, Iraq 469 miles
Istanbul, Turkey 656 miles
Athens, Greece 769 miles
Tehran, Iran 874 miles
Riyadh, Saudi Arabia 875 miles
Dubai, UAE 1278 miles

Distance between Aleppo, Syria and the following cities:

Nicosia, Cyprus 225 miles
Ankara, Turkey 358 miles

Comparison Distance between American Cities:

New York, N.Y.-Chicago 711 miles

Latest News Reports and Opinion

Belgian foreign minister Didier Reynders has stated that a humanitarian intervention in Syria will be required if Bashar al-Assad continues along the road of barbarism.

“Une intervention humanitaire avec une protection militaire sur le terrain sera nécessaire en Syrie si le régime du président Syrien Bachar al Assad continue sur la voie de la barbarie, a affirmé dimanche le chef de la diplomatie belge Didier Reynders.”

AFP, “La Belgique pourrait intervenir en Syrie; “Le régime a pris le chemin de la barbarie et je fais de moins en moins confiance au président Bachar al Assad,” LaLibre/be, 8 avril 2012.

Human Rights Watch has documented through personal interviews over 100 summary executions by Syrian forces and the government’s Shabeeha militia. The actual number of victims may be much higher.

See “Syria: Extrajudicial Executions; Security Council Sanctions, ICC Referral Needed,” Human Rights Watch, April 9, 2012.

The full 23-page report, “In Cold Blood: Summary Executions by Syrian Security Forces and Pro-Government Militias,” is found here.

See also

Sylvie Matton, “Srebrenica : 1995, Syrie : 2012, silence ! on tue…,”Le Monde, 9 avril 2012 (1434 h). Syvie Matton is a journalist and the author of Srebrenica, un génocide annoncé (Flammarion, 2005). In this article, she recounts the treachery of U.N. officials, including Kofi Annan, who were absent from their posts over the weekend of the Srebrenice massacre, which the author states had 8,375 confirmed victims.

Terror That Cannot Be Stopped By Logic or Reason

Bashar al-Assad’s assault on civilians with tanks, snipers, and all the instruments of terror of a modern state is not likely to be stopped by logic or reason, just as Hitler’s terror could not have been stopped by logic or reason.

The leaders of Western countries, like their populations, are extraordinarily slow to recognize evil, perhaps because in the 21st century they don’t want to believe that true evil exists. But it does. Now. In Syria.

It is time to stop al-Assad.

–The Trenchant Observer, “U.N. Commission Report on Crimes Against Humanity in Syria; Military Action; Unilateral Humanitarian Intervention in Syria and International Law, February 24, 2012.

Ït is time to stop al-Assad. By all necessary means. With or without Security Council authorization. Now.

The Trenchant Observer

observer@trenchantobserver.com
www.twitter.com/trenchantobserv

For links to other articles by The Trenchant Observer on this topic, and others, click on the title at the top of this page to go to the home page, and then consult the information in the bottom right hand corner of the home page. The Articles on Syria page can also be found here.

Humanitarian Intervention in Syria Without Security Council Authorization—Obama’s Debacle in Syria — Update #24 (April 8)

Sunday, April 8th, 2012

The futility of the 6-point peace plan of Kofi Annan and the Security Council should now be clear for even the most willfully obtuse to see. Al-Assad has introduced on Sunday new conditions for compliance with the peace plan’s requirements for a ceasefire. As anyone who has closely followed developments in Syria over the last six months already knew, al-Assad will say or agree to anything, but he will never comply with any agreements that require him to halt the killing of the unarmed civilian opposition, or to comply with the laws of war in fighting armed insurgents.

See Ian Black Middle East Editor), “Syria peace plan doubt as Assad refuses to meet deadline for troop withdrawal; Damascus wants written guarantees that rebels will lay down their arms before it will proceed with Kofi Annan-brokered deal,” The Guardian, April 8, 2012 (13.36 EDT)

Today, as he has made clear he will not comply with the Security Council deadline of Tuesday, April 10, for the government to cease operations and to withdraw from cities and town, the civilized world faces anew the question of what is to be done.

The alternatives have been cogently presented by Senator John McCain in his speech on the Senate floor on March 5. His analysis is relevant not only to American decision makers and politicians, but also to all governments which want to bring the killing in Syria to a prompt halt.

See The Trenchant Observer, “Republican Senator John McCain Urges U.S. Military Attacks to Halt Atrocities in Syria—Obama’s Debacle in Syria — Update #3 (March 5),”
March 5, 2012

The time has come for humanitarian military action to halt the killing.

The Supply of Weapons

The supply of weapons to the opposition can arguably be justified under international law as a measure undertaken to to provide target populations the means to defend themselves when the government in power not only fails to comply with its obligations under “the responsibility to protect” resolution of the Security Council (Resolution 1674), but is itself actively engaged in the commission of the very war crimes and crimes against humanity that “the responsibility to protect” is is established to guard against.

The furnishing of arms to such populations should be conditional, a provisional measure to protect the civilian populations against crimes against humanity and the armed opposition against war crimes, until such time as the U.N. Security Council can act effectively to safeguard these populations.

Military Action by a State or Group of States to Halt the Commission of War Crimes and Crimes Against Humanity

Direct humanitarian intervention by a state or group of states may also be required. Such action against al-Assad’s military, after all other recourses have failed, should be undertaken as a provisional measure to ensure that “the responsibility to protect” is implemented within a state engaged in the wanton commission of war crimes and crimes against humanity–in direct contravention of its responsiblities under international law.

On the possible legal justifications for such actions, see the following articles and the sources named in them:

The Trenchant Observer, “Limited military action to halt crimes against humanity: A new template to halt terror in Syria, and elsewhere—Obama’s Debacle in Syria — Update #18 (March 28),” March 28, 2012.

The Trenchant Observer, “U.N. Commission Report on Crimes Against Humanity in Syria; Military Action; Unilateral Humanitarian Intervention in Syria and International Law
Friday,” February 24, 2012.

Nikolai Krylov, Humanitarian Intervention: Pros and Cons, 17 Loy. L.A. Int’l & Comp. L. Rev. 365 (1995). Available at: http://digitalcommons.lmu.edu/ilr/vol17/iss2/3.

The Trenchant Observer, “Military Intervention to establish “no-kill zones” and humanitarian corridors—Syria Update #9,” February 24, 2012.

The Trenchant Observer

observer@trenchantobserver.com
www.twitter.com/trenchantobserv

For links to other articles by The Trenchant Observer on this topic, and others, click on the title at the top of this page to go to the home page, and then consult the information in the bottom right hand corner of the home page. The Articles on Syria page can also be found here.