JURIST - Paper Chase: Sunday, October 20, 2013

[JURIST] UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Valerie Amos called on all parties to the Syrian conflict to cease fire [statement, PDF] in rural Damascus to allow humanitarian agencies to evacuate the remaining civilians and deliver medical aid and supplies to conflict areas. Amos noted that humanitarian agencies have been denied access to the region for several months in violation of international law, and the continued shelling and fighting in the area has prevented its complete evacuation. In her statement, Amos asserts:

"It is vital that all parties to the conflict respect their obligations under international human rights and humanitarian laws to protect civilians and to allow neutral, impartial humanitarian organizations safe access to all people in need, wherever they are in Syria."

Although more than 3,000 civilians were evacuated last week, many more remain trapped [press release] in Moadamiyeh.

The Syrian Civil War [JURIST backgrounder] has been ongoing since 2011 when opposition groups first began protesting the regime of Assad. In September the UN called for [JURIST report] an end to weapons being supplied to both Syria's government and rebels. Rights groups accused [JURIST report] the Syrian government of responsibility for August 21 chemical weapon attacks, which allegedly involved the use of sarin nerve gas. Syria's main opposition group in August urged the UN [JURIST report] to probe numerous massacres they say were committed during Ramadan by forces loyal to Assad. JURIST Guest Columnist Paul Juzdan argues [JURIST op-ed] that even if the UN Security Council decides to intervene in Syria, unilateral intervention would violate international law; a dilemma which, as discussed by JURIST Guest Columnist Patricio Galella, exposes the weakness [JURIST op-ed] of of the UN system of collective security.

[JURIST] Human Rights Watch (HRW) [advocacy website] on Sunday criticized [press release] Libya for ongoing lawlessness and impunity for the militias responsible for the systematic executions of Muammar Gaddafi [JURIST backgrounder] and his supporters. HRW further urged the Libyan government and its international allies to create and support a law-abiding state security force and an impartial justice system which applies the law "no matter who the victim and who the perpetrator." Earlier this month HRW requested [JURIST report] that Libya instate a moratorium on capital punishment because of the widespread disarray in the Libyan judicial system.

During the period of time now referred to as "the Arab Spring," countries across the Middle East erupted in protests from citizens demanding an end to oppressive regimes and the beginning of true democracies in their nations. The pro-democracy protests began in Tunisia [JURIST news archive] and spread quickly to Egypt [JURIST backgrounder] and on to Libya and other nations. The recent death sentences come amid debate between the UN and Libya over the proper venue to try Gaddafi-era officials. Libya remains in conflict [JURIST report] with the International Criminal Court (ICC) [official website] over the trial of Gaddafi's son and the efficacy and fairness of trying him in a Libyan court.

[JURIST] Arab League chief Nabil al-Arabi on Sunday declared support of Saudi Arabia's decision to reject a seat on the UN Security Council (UNSC) [official website] after several Arab ambassadors criticized the decision earlier this week. The UN awarded Saudi Arabia a two-year position on the UNSC Thursday along with Chad, Chile, Lithuania and Nigeria. The Saudi government, however, declined the position [AFP report] Friday and accused the UNSC of applying inconsistent standards and ineffective methods in dealing with the Syrian civil war [JURIST backgrounder]. Reports suggest the Saudi government based its decision partly on the US government's failure to move forward with military action against the regime of Syrian President Bashar al-Assad [BBC profile; JURIST news archive]. al-Arabi supported [AFP report] the Saudi government's decision, stating that the UNSC has failed in its efforts to restore peace in several Arab states. In September the UNSC passed a resolution mandating the destruction of al-Assad's chemical weapons cache, but several other resolutions have been stifled by nations supporting al-Assad's regime. No country has ever rejected a UNSC seat, and if the Saudi government does not overturn its decision, the UN General Assembly will vote on new candidates proposed by Asian-Pacific member states.

The Syrian Civil War has been ongoing since 2011 when opposition groups first began protesting the regime of Bashar al-Assad. In October JURIST Guest Columnist Patricio Galella argued [JURIST op-ed] that, if diplomacy with Syria fails, and the UNSC is deadlocked, states would face a lasting dilemma: violate international law by using force without UNSC authorization or stay still and confirm the weakness of the UN system of collective security. Also in October a team of disarmament experts from the UN and the Organisation for the Prohibition of Chemical Weapons (OPCW) began overseeing the destruction of chemical weapons [JURIST report] by the Syrian government, and will verify that the process is correctly handled. In September UN Secretary-General Ban Ki-moon reported [JURIST report] that UN inspectors confirmed that "chemical weapons were used on a relatively large scale" in the suburbs of Damascus on August 21, causing numerous civilian casualties in violation of international law. Also in September Ki-moon questioned [JURIST report] the legality of the US' plan to strike Syria.