The Law and Syria
This document is to serve as a quick synopsis of the different international laws that apply to the Syrian conflict. In addition, this document outlines the general principles of the Syrian Constitution.
Syria’s Constitution
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The Constitution of Syria, which was revised in 2012, determines the country’s character to be Arab, democratic, and republican. It is divided in four chapters: Basic Principle, Powers of the State, Judicial Authority, and General and Transitory Provision. The Constitution stipulates that Islamic jurisprudence is a main source of the legislation, but not the main source. . The president is the head of the holder of all the powers, head of the executive branch, and appoints the government. The Constitution gives Syrians the freedom of expression, assembly, and religion for all religion. Stating the state shall be the guarantor and protector of personal freedom and dignity. Before the law, citizens are all equal in their rights and duties. |
Laws Syria is a signatory party:
The Law:
It is the foundation treaty of the United Nations, an international organization. All members are bound by its articles, which prevail over all other treaty obligations. It calls for the maintenance of peace and international security and respect for human rights. The following are selective portions of the UN Charter:
The Use of Force: The UN demands states to refrain from the “from the threat or use of force against the territorial integrity or political independence of any state” It is the only legal basis for military action by a vote of the Security Council or under the UN charter of self-defense. But a purely humanitarian ground to use force is not permitted.
Sanctions: The Security Council can take enforcement measures to maintain or restore international peace and security. Measures range from economic and/or other sanctions but do not involve the use of armed force to international military action.
In Syria:
The Use of Force: Due to this law, countries like the US, cannot not legitimately take military action in Syria without a Security Council resolution.
Sanctions: Besides UN Sanctions other countries can impose international sanctions, unilaterally or multilaterally. These include: travel bans and asset freezes on Syrian government officials (including Assad and his wife), to equipment, arms and oil embargoes, bans on commercial banks, flights to and from Syria, mineral and phosphate importation, the purchase of gold and diamonds, investment in the oil sector and the sale of luxury or dual use goods used for internal repression economic penalties targeting Assad’s bank account.
Geneva Conventions: Common Article 3
The Law:
Relates to war of non-international armed conflict setting the minimum rules of war. Armed conflict would be a conflict between the government and rebel forces, or between two rebel forces, or other conflicts that have war characteristics within a single country. The provision state:
· Persons taking no active part in hostilities, including military persons who are inactive due to illness, injury, or detention, should be treated humanely and that the following acts are prohibited:
o Violence to life and person, particularly murder of all kinds, mutilation, cruel treatment and torture
o Taking hostages
o Outrages upon personal dignity, i.e. humiliating and degrading treatment
o the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples
· The wounded and sick shall be collected and cared for.
In Syria:
Syria is in violation of this law.
Chemical Weapons Convention of 1993
The Law:
The Chemical Weapons Convention’s purpose is to eliminate chemical weapons, which are a category of weapons of mass destruction, by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by the signed parties.
In Syria:
As of the August 2013 chemical weapons attack, Syria was not a party to this convention. Thus as a legal matter, it did justify an armed intervention from the US. However, in September 2013 Syria signed the Chemical Weapons Convention. Any future use of chemical weapons by Syria would be a violation.
International Covenant on Civil and Political Rights
The Law:
ICCPR is monitored by the UN Human Rights Committee it is a treaty adapted by the UN General Assembly in 1966, committing parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
In Syria:
Syria is in violation of this law.
Geneva Protocol of 1925
The Law:
The 1925 Geneva Protocol designed after World War I prohibits the use of chemical and biological weapons in war.
In Syria:
Syria is a party to this treaty but its purpose is more for international conflicts, not internal as the Syrian conflict.
It is the foundation treaty of the United Nations, an international organization. All members are bound by its articles, which prevail over all other treaty obligations. It calls for the maintenance of peace and international security and respect for human rights. The following are selective portions of the UN Charter:
The Use of Force: The UN demands states to refrain from the “from the threat or use of force against the territorial integrity or political independence of any state” It is the only legal basis for military action by a vote of the Security Council or under the UN charter of self-defense. But a purely humanitarian ground to use force is not permitted.
Sanctions: The Security Council can take enforcement measures to maintain or restore international peace and security. Measures range from economic and/or other sanctions but do not involve the use of armed force to international military action.
In Syria:
The Use of Force: Due to this law, countries like the US, cannot not legitimately take military action in Syria without a Security Council resolution.
Sanctions: Besides UN Sanctions other countries can impose international sanctions, unilaterally or multilaterally. These include: travel bans and asset freezes on Syrian government officials (including Assad and his wife), to equipment, arms and oil embargoes, bans on commercial banks, flights to and from Syria, mineral and phosphate importation, the purchase of gold and diamonds, investment in the oil sector and the sale of luxury or dual use goods used for internal repression economic penalties targeting Assad’s bank account.
Geneva Conventions: Common Article 3
The Law:
Relates to war of non-international armed conflict setting the minimum rules of war. Armed conflict would be a conflict between the government and rebel forces, or between two rebel forces, or other conflicts that have war characteristics within a single country. The provision state:
· Persons taking no active part in hostilities, including military persons who are inactive due to illness, injury, or detention, should be treated humanely and that the following acts are prohibited:
o Violence to life and person, particularly murder of all kinds, mutilation, cruel treatment and torture
o Taking hostages
o Outrages upon personal dignity, i.e. humiliating and degrading treatment
o the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples
· The wounded and sick shall be collected and cared for.
In Syria:
Syria is in violation of this law.
Chemical Weapons Convention of 1993
The Law:
The Chemical Weapons Convention’s purpose is to eliminate chemical weapons, which are a category of weapons of mass destruction, by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by the signed parties.
In Syria:
As of the August 2013 chemical weapons attack, Syria was not a party to this convention. Thus as a legal matter, it did justify an armed intervention from the US. However, in September 2013 Syria signed the Chemical Weapons Convention. Any future use of chemical weapons by Syria would be a violation.
International Covenant on Civil and Political Rights
The Law:
ICCPR is monitored by the UN Human Rights Committee it is a treaty adapted by the UN General Assembly in 1966, committing parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
In Syria:
Syria is in violation of this law.
Geneva Protocol of 1925
The Law:
The 1925 Geneva Protocol designed after World War I prohibits the use of chemical and biological weapons in war.
In Syria:
Syria is a party to this treaty but its purpose is more for international conflicts, not internal as the Syrian conflict.
Laws Syria is non-signatory party
Rome Statute of the International Criminal Court
The Law:
This Treaty in 2002 established the International Criminal Court (ICC) and established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These are the only four core international crimes which the ICC can investigate and prosecute when the states are "unable" or "unwilling" to do so themselves. The ICC has jurisdictions for crimes only if they are committed in the territory of a state party or committed by a national of a state party. The exception is that the ICC may have jurisdiction if the UN Security Council gives authorization. The law of treaties obliges state parties to refrain from “acts which would defeat the object and purpose” of the treaty unless they declare they do not intend to be a state party to the treaty.
Note: The ICC is not the same as the ICJ, International Court of Justice.
In Syria:
Syria is not a member state of the Rome Statute, thus this treaty and the ICC are inapplicable to the Syrian conflict. The ICC can have authority if the Syrian government ratifies the treaty or accepts the jurisdiction of the court through a declaration, or if the United Nations Security Council refers the Syrian conflict to the ICC. However, the Security Council has only two referred situations to the ICC: Darfur (2005) and Libya (2011).
Biological Weapons Convention of 1972
The Law:
The Biological Weapons Convention’s purpose is to eliminate biological weapons, which are a category of weapons of mass destruction, by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of biological weapons by the signed parties.
In Syria:
Syria is not a party to this Convention.
The Law:
This Treaty in 2002 established the International Criminal Court (ICC) and established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These are the only four core international crimes which the ICC can investigate and prosecute when the states are "unable" or "unwilling" to do so themselves. The ICC has jurisdictions for crimes only if they are committed in the territory of a state party or committed by a national of a state party. The exception is that the ICC may have jurisdiction if the UN Security Council gives authorization. The law of treaties obliges state parties to refrain from “acts which would defeat the object and purpose” of the treaty unless they declare they do not intend to be a state party to the treaty.
Note: The ICC is not the same as the ICJ, International Court of Justice.
In Syria:
Syria is not a member state of the Rome Statute, thus this treaty and the ICC are inapplicable to the Syrian conflict. The ICC can have authority if the Syrian government ratifies the treaty or accepts the jurisdiction of the court through a declaration, or if the United Nations Security Council refers the Syrian conflict to the ICC. However, the Security Council has only two referred situations to the ICC: Darfur (2005) and Libya (2011).
Biological Weapons Convention of 1972
The Law:
The Biological Weapons Convention’s purpose is to eliminate biological weapons, which are a category of weapons of mass destruction, by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of biological weapons by the signed parties.
In Syria:
Syria is not a party to this Convention.
Customs and Norms
In each of these cases it would not change the fact that the war itself would be a violation of the UN Charter. It is only an question of whether international normative sentiment would be sufficient to trump international law.
International Customs
International customs are the part of international law that comes from custom. It is considered to be the primary source of international law by International Court of Justice, United Nations, member states, and jurists.
Right to Protect (R2P) Doctrine
R2P is an international security and human rights norm to address the international community’s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity. It remains in tension with the UN Charter law that binds UN signatory states.
International Customs
International customs are the part of international law that comes from custom. It is considered to be the primary source of international law by International Court of Justice, United Nations, member states, and jurists.
Right to Protect (R2P) Doctrine
R2P is an international security and human rights norm to address the international community’s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity. It remains in tension with the UN Charter law that binds UN signatory states.