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
SUMMARY

In recent times, Syria has come under intense public scrutiny. This is not unconnected with the wholesome atrocities committed against the civilian population 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... (see full summary)

 
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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 conicts. Against
this backdrop, this paper analysed the broken rules of the Syrian armed conict
in juxtaposition with the U.N. Security Council’s constraints in resolving the
Syrian conicts. It found that a lot of rules have been broken in the methods of
armed conict in Syria. Yet, the U.N. Security Council is inhibited by legal con-
straints in the resolution of Syrian conicts. 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 Conict, 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 conicts 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 conict and the
corresponding initiatives taken by States to eectively manage the situ-
ation so as to avoid human rights abuses.2 Nonetheless, warring parties
have issues with complying with the Law of Armed Conict (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 conict. To be more specif-
ic, the laws regulating armed conicts include the 1949 Geneva Con-
ventions and their 1977 Additional Protocols and the 1907 Hague Con-
vention. In addition, specic commitments have been made by States
to limit the use of certain types of weapons in an armed conict. ese
eorts 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 Conicts, in I D-
  H L 217-239 (UNESCO & Henry Dunant In-
stitute eds, 1986); Georges Abi-Saab, Humanitarian Law and Internal Conicts,
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-
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thony Cullen, Key Developments Aecting the Scope of Internal Armed Conict
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  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 Conicts, 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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