International law

Writing from Tbilisi, Georgia With Georgia (4.5 million) a client of the USA (314 million), fighting its war in Afghanistan; Armenia (3.3 million) leaning towards Russia (143 million); and Azerbaijan (9.2 million) in a bitter conflict over the Armenian enclave Karabagh on much of its territory (less so over the Azeri enclave Nakhichevan on Armenian soil), the stage is set. Add the Russian cultural enclaves in Georgia–Abkhazia and South Ossetia–recognized by few, but some, as states, and visits to Caucasus were a time machine trip back to the Cold War. But that is not all where Georgia is concerned. There is also the Muslim Adjara enclave bordering on Turkey, and Azeris, Armenians and others, living in the very multinational Georgia, some with strong territorial attachments. People of at least 28 nations live among and around each other in the Caucasus. But modernity demanded clear state borders, also in what became...

This is an updated and expanded version of the article “The US and Chemical Weapons: No Leg to Stand On,” originally posted in Foreign Policy in Focus on May 2, 2013. Had the United States pursued a policy stemming the proliferation of chemical and other nonconventional weapons through region-wide disarmament, when it was proposed in 2003 by Syria, it is likely there would be no apparent use of such ordnance and no present rush to war on that basis, says Zunes. The Syrian regime’s alleged use of chemical weapons against civilian areas on August 21 constitutes a breach of the Geneva Protocol of 1925, one of the world’s most important disarmament treaties, which banned the use of chemical weapons. In 1993, the international community came together to ratify the Chemical Weapons Convention (CWC), a binding international treaty that would also prohibit the development, production, acquisition, stockpiling, retention, and transfer or...

I am not sure this attempt at clarifying the present stage of the Syria debate adds much to my prior posts, yet I hope that it provides a kind of summary that is helpful in following the unfolding debate; all along I have felt that the Syrian impasse presented the UN and the world with a tragic predicament: trapped between doing something to stop the Assad regime from committing atrocities against its own people so as to retain power and the non-viability and illegality of military intervention, a predicament further complicated by the proxy war within the region along sectarian lines, by the strategic involvement of the U.S. and Russia on opposite sides, and the maneuverings behind the scenes by Israel; also, the overall regional turmoil, and past bad feeling in relation to the UN role in the overthrow of Qadaffi posed additional obstacles. Efforts to shape the political outcome...

Af Claus Kold Reguleringerne af krigens vold finder man overordnet beskrevet i FN Pagten, Menneskerettighedserklæringerne og mere konkret i den Den Humanitære Folkeret, som består af fire konventioner og tre tillægsprotokoller. Det er et område, hvor logik, politik og jura flyder sammen om at definere og forstå, hvad der sker på slagmarken. Retssubjektet i krig er ikke mennesker, men stater, der agerer politisk i et vilkårligt horisontalt forhold til andre stater. Stater fortolker omverden og handler på baggrund af forskellige kulturer, religioner, sprog, retstraditioner, økonomier og styreformer. Det kommer der mange misforståelser og konflikter ud af. Problemet med disse reguleringer er – og det kommer næppe som nogen overraskelse – at de historisk sjældent overholdes. En del af krigens logik er, at hvis en stat er truet på livet, så kæmper den for sin overlevelse med de redskaber og våben, den har. Hvis den og dens ledere nedkæmpes og dør,...

The decision by President Barack Obama to first seek congressional approval of any US military action against Syria is good and important, not only on constitutional grounds but because it gives the American people an opportunity to stop it. It is critically important to convince members of Congress not to grant the president that authority. Here are some of the top talking points that should be raised before members of Congress as to why authorizing US airstrikes on Syria would be a bad idea. Continue at TruthOut

For the discerning journalists, editors and citizens Summary • Any U.S. attack on Syria will be a gross violation of international law, including the UN Charter. • al-Assad’s admission of UN inspectors obviously was seen by Washington as an obstacle for its war plans. • An attack will come only as a consequence of deliberately ignored opportunities for professional, impartial mediation and peace-making, the lack of backing of Kofi Annan’s plan of April 2012 in particular. • An attack can under no circumstances be seen in the light of a responsibility to protect since it will cause even more violence and human suffering throughout Syria. • Again, we see how the vast majority of people in conflict zones who do not resort to violence are being abandoned. • Any attack is likely to have grave consequences for the region as a whole. • For these reasons any attack must be...

By Farhang Jahanpour September 1, 2013 In his most statesmanlike statement, a short while ago (31 August 2013) President Barack Obama announced that he would seek Congress’s approval before ordering military action against Syria. After all the hype about an imminent strike, this statement was a breath of fresh air, and it has renewed many people’s faith in President Obama. Not only would any other action have been against international law, it would have even been against the US Constitution that gives Congress the right to declare war, except in emergencies. That right had been usurped by a number of recent presidents who exceeded their executive prerogative. The Congress will be back in session during the second week of September and this delay provides a breather and an opportunity for cooler heads to prevail, and hopefully the chance to find a comprehensive solution to the Syrian crisis. However, it is...

President Obama’s August 31st remarks from the White House Rose Garden will long be remembered for their strangeness, but the final interpretation of their significance will have to await months if not years. There are three dimensions, at least, that are worth pondering: 1) seeking Congressional authorization for a punitive military attack against Syria in support of the treaty prohibition on recourse to chemical weapons in an armed conflict; 2) reconciling any endorsement of an attack by Congress with United States obligations under international law and with respect to the United Nations and its Charter; 3) assessing the degree to which American war making prerogatives continue to operate within an unacceptable domain of American exceptionalism. In framing the issues at stake Obama set forth the fundamental policy choices in a rather incoherent manner:

The U.S. Government rains drone missiles on civilian human targets anywhere in the world, continues to operate Guantanamo in the face of universal condemnation, whitewashed Abu Ghraib, Bagram, and the torture memos, committed aggression against Iraq and Afghanistan, and invests billions to sustain its unlawful global surveillance capabilities. Still, it has the audacity to lecture the world about ‘norm enforcement’ in the wake of the chemical weapons attack in the Ghouta suburb of Damascus. Someone should remind President Barack Obama and Secretary of State John Kerry that credibility with respect to international law begins at home and ends at the United Nations.

The drift toward autocracy: It is not just one thing that should worry us about the authoritarian tendencies of the Obama presidency, but one thing after another. The cumulative effect of it all. The latest sign of the times was the August 19th detention of David Miranda, Glenn Greenwald’s partner, at Heathrow Airport under the British anti-terrorist law for nine hours. His laptop, cell phone, and other electronic devices were also confiscated, and presumably examined. We need to wonder what is so frightening about ‘the Snowden documents’ that it induces these flagrant intrusions on the privacy and confidentiality of journalists, and now even their associates who are not known to be accomplices. President Obama keeps reassuring Americans, and indeed the world, that he shares a concern for protecting elemental rights, and yet he seems to spare no means to move against disclosures of information that seems awkward for the United...

Now that Snowden has been given temporary asylum in Russia for a year, attention in the drama has shifted in two directions, although overshadowed at the present by the horrific happenings in Egypt and Syria. The Snowden issues remain important, and it is too soon to turn aside as if the only question was whether the U.S. Government would in the end, through guile and muscle, gain control of Snowden. The issues that should continue to occupy us are as follows: • interpreting the negative impact on U.S.-Russia relations; • the claim that if Edward Snowden is a sincere whistle-blower he will now, despite asylum, voluntarily return to the United States to tell his story in open court so as to answer charges that he is guilty of criminal espionage and conversion of government property. As before, to grasp this post-asylum phase of the Snowden drama a few aspects of...

‘Political crimes’ are non-extraditable and Snowden’s transfer to the United States for prosecution would have been a setback for human rights and international law What is most troubling about how the Snowden case has played out diplomatically and via the media is the almost total refusal to focus attention on the central legal, moral, and political issues. The United States Government from the outset has acted as if it is entitled to have Snowden transferred to its custody because he is a fugitive from American criminal justice. Pursuing this line of reasoning, Washington has exerted pressure on Latin American governments not to grant Snowden asylum and expressed disappointment with Hong Kong, China, and Russia for their refusal to comply with the U.S. request. The assumption has been that this is a simple instance of cooperative law enforcement, and it is thus unfriendly and unreasonable for another government to shelter Snowden...