The Broken Rules of Armed Conflicts and the U.N.'Constrains in Syrian Conflict
Author | Eisa L. Enezi - Nada Yousef Al Duaij |
Position | Kuwait University - Kuwait University |
Pages | 25-54 |
e Indonesian Journal of International & Comparative Law
ISSN: 2338-7602; E-ISSN: 2338-770X
http://www.ijil.org
© 2019 e Institute for Migrant Rights Press
thE BrokEn rulEs of arMEd
ConfliCts and thE u.n.’ Constrains
in syrian ConfliCt
Nada Al-Duaij
Kuwait University
E-mail: methqals@gmail.com
Eisa Al-Anzi
Kuwait University
In recent times, Syria has come under intense public scrutiny. is is not un-
connected with the wholesome atrocities committed against the civilian popu-
lation and individuals who have become hors de combat in the ongoing Syrian
war. Several cases of grave violations of international humanitarian law have
been documented by the United Nations (U.N.) and several observer groups, the
purport which leaves much to be seen as to the role of the international com-
munity to act decisively in stemming the ugly tides in the region. Yet, Syria is a
signatory to many international legal instruments on armed conicts. Against
this backdrop, this paper analysed the broken rules of the Syrian armed conict
in juxtaposition with the U.N. Security Council’s constraints in resolving the
Syrian conicts. It found that a lot of rules have been broken in the methods of
armed conict in Syria. Yet, the U.N. Security Council is inhibited by legal con-
straints in the resolution of Syrian conicts. e paper suggested, among others,
that International Criminal Court should exercise its jurisdiction through refer-
ral mechanisms by the U.N. Security Council in order to make accountable the
criminals of war in Syria.
Keywords: Law of War, Humanitarianism, International Conict, Islamic Law, Hu-
man Rights.
VI Indonesian Journal of International & Comparative Law 25-54 (January 2019)
26
Al-Duaij & Al-Anzi
INTRODUCTION
From time immemorial, armed conicts have been a major feature in
the strain of domestic and international relations between State and
non-state actors; a situation that has necessitated the establishment of
multinational, continental and regional organizations for the purpose
of keeping the peace or enforcing compliance with agreed rules of en-
gagement.1 is underscores the perpetual nature of conict and the
corresponding initiatives taken by States to eectively manage the situ-
ation so as to avoid human rights abuses.2 Nonetheless, warring parties
have issues with complying with the Law of Armed Conict (LOAC)
and International Human Rights Law. e purpose of this law is to en-
sure “minimal loss” of civilian lives, civilian objects and protection of
the environment in the course of an armed conict. To be more specif-
ic, the laws regulating armed conicts include the 1949 Geneva Con-
ventions and their 1977 Additional Protocols and the 1907 Hague Con-
vention. In addition, specic commitments have been made by States
to limit the use of certain types of weapons in an armed conict. ese
eorts have been translated into formulating legal instruments such
as the 1997 Ottawa Convention on the Prohibition of Anti-Personnel
Mines, the 2003 Protocol on Explosives Remnants of War (an adden-
dum to the 1980 U.N. Convention on Certain Conventional Weapons),
1. Georges Abi-Saab, Non-International Armed Conicts, in I D-
H L 217-239 (UNESCO & Henry Dunant In-
stitute eds, 1986); Georges Abi-Saab, Humanitarian Law and Internal Conicts,
in H L A C C A: E
H F K 209-223 (Astrid J.M. Delissen & Gerard J.
Tanja eds, 1991); François Bugnion, Jus ad Bellum, Jus in Bello and Non-Inter-
national Armed Conicts, 6 Y.B. I’ H L. 167-198 (2003); An-
thony Cullen, Key Developments Aecting the Scope of Internal Armed Conict
in International Humanitarian Law, 183 M. L. R. 66-109 (2005).
2. A C, T C N-I A C-
I H L 219 (2010); Sylvie Junod, Ad-
ditional Protocol II: History and Scope, 33 A. U. L. R. 29-40 (1983); Frits
Kalshoven, Applicability of Customary International Law in Non-International
Armed Conicts, in C P I L 267-285
(Antonio Cassese ed., 1975); E K, T I L
A C: P M F A 208
(1992).
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