Violations of Peremptory Norms committed by Syria
Abstract
The unrest in Iraq and Egypt in early 2011, as well as the outbreak of a full-blown civil war in Syria later that same year, has led to an intricate web of interstate security dynamics. The civil war in Syria has extended unabated, killing more than 100,000 people and displacing millions more. Western military intervention with air strikes on the Assad regime may get forestalled with a possible UN-backed plan to counteract Syria's chemical arms stockpiles. The essay looks into the dishonor of the Peremptory Norms from the beginning of the crisis until now. The Peremptory Norms are recognized in the international community as the pillars of the international law. The Syrian Crisis is particularly discussed with a focus on Peremptory Norms of the prohibition of torture, force, and genocide.
Introduction
Introduction about the Syrian Uprising (2011)
Several observers have tried to explain the influence of uprisings on the Middle Eastern regional security complex (RSC) from 2010-2013. There are three kinds of regional actors seen among the revolts –the non-state Islamic groups, transitioning republics and conservative monarchies. During the first decade of the 21st century, the RSC has expanded rapidly. Syria’s growing links to Turkey and Iraq might get counteracted by the persistent efforts of Israel (Lawson, 2014). There has been unrest in Iraq and Egypt on a much large-scale along with the eruption of full-scale civil war in Syria. This has disturbed the security dynamics in the region and between states. The strategic initiatives that were taken by Syria and Israel during 2010-11 changed the regional security complex. The two states adopted foreign policies to improve deteriorating circumstances in their domestic arenas, thus heightening the level of conflict. Anti-regime protests in Syria prompted Iran, Turkey, and Iraq. The internal conflict that began as a popular uprising since 2011 demanding the overthrow of Mr. Assad (Lawson, 2014)has now become a full-blown civil war. The international community is frantically trying to find a resolution to get Syria out of the civil war. The international law includes the notion of peremptory norms that are based on principles that demand that the no State may derogate by way of treaty. The freedom of such States is derogated if the treaties carry objectives that conflict with the norms that have been identified as peremptory. There are certain rules of international humanitarian law that have been identified over the years and are now considered to be peremptory norms of international law (Nieto-Navia, 2001). Ever since the unrest began in March 2011, there has been no single leader here in Syria that has been able to establish itself fully with a universal support of Syrians (Barrasso, 2013). The essay discusses the Syrian Crisis that began in 2011 and centers on the violations of the Peremptory Norms from the start of the crisis until now.
The prohibition of the use of force The Peremptory norms carry a significant bearing on the role of the international community of States, permitting no derogation. These norms are based on the principle of good faith which are necessary for the stability of the international justice and order (Nieto-Navia, 2001). These Norms include certain principles of human rights and are of general interest to the international community. These include: respect for equal rights and sovereign equality of States and stress on settlement of international disputes by peaceful mean without the use of force against any State.Articles 2.1 – 2.4 provide as follows: The Organization and its Members, shall act in accordance with the following Principles - All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Principles of the Charter of the United Nations prohibit the unlawful use of force. http://www.un.org/apps/news/story.asp?NewsID=39229#.VI8QBtKUdkU
The Security Council in 2011 condemned the use of violence against civilians by the security forces of the country and the widespread abuse of human rights in Syria. It urged all sides for an end to the violence and refrained from any attacks against State institutions. There were deaths of hundreds of the people during mass protests, and the Damascus authorities were urged to respect human rights and comply with international law. Syrian authorities were requested to allow humanitarian assessment teams and the only solution to the Syria crisis was seen through a Syrian-led political process. The purpose was to addressing the legitimate concerns of the population and their fundamental freedoms. The U.S. government is firm that the Syrian regime carried out a chemical weapons attack in 2013 that killed about 1400 people. A military action was called out for by President Obama against Syrian regime targets (Barrasso, 2013). The President sought congressional authorization for that use of force in order to curb Syria’s chemical weapons attack and capabilities. The aim behind the limited and tailored use of force is to respond to the use of chemical weapons by the Syrian government, discourage such happenings in the future, as well as destroy Syria’s capacity for any such future use. There are various international law principles that are central in this matter. The President seems to be founding his argument in implementation of an ill-defined norm against the use of chemical weapons. The International law is a regime of consent, and no state is bound by the rule of international law unless it offers consent to that rule, either by treaty or by recognizing it by conduct and practice. The International Committee of the Red Cross states a “norm of customary international law” that prohibits the use of chemical weapons. Syria has not signed the Chemical Weapons Convention. The United Nations Charter also holds the principle of non-intervention that abstain the use of force against the territorial integrity and compels the states not to intervene in the domestic jurisdiction of any state.
According to President Obama, self-defense or defense of an ally offers a clear basis for action under international law. Although the United States is not directly threatened by what is happening in Syria, the President has gone ahead to say that United Nations Security Council has been completely paralyzed in holding Assad accountable and if the representative assembly does not act the way it is assumed to, he will take action on his own accord.
International laws forbid the performance of any other act criminal under international law and oblige States to co-operate in the overpowering certain acts such as trade in piracy, slaves or genocide. These “absolute norms” have been progressively recognized over the years and today the prohibition of genocide together with definite rules of international humanitarian law are looked upon as universally to be peremptory norms of international law. (Nieto-Navia, 2001) The term humanitarian in the development of international humanitarian law is a relatively recent one. Article one holds that the genocide whether occurring in time of order or time of war is a violation under international law and for which individuals shall be tried and punished. There could be little disagreement over a finding that the crime of genocide was collectively prohibited. The state of the Syrian Arab Republic has only degenerated ever since the beginning of 2011, and the mass atrocities and massacres committed by Syrian security forces against pro-democracy protesters only point to the mass genocide taking place. Protests have become violent, and there seems to be no stopping to this violent repression of civilian protests. Syrian tanks and mortars have killed thousands of civilians, and these numbers are on a steady rise. Several countries have accused the government of using chemical weapons and abusing human rights. The death toll has gone beyond 70,000, and more than one million have been displaced (Genocide and Mass Atrocities, 2014).
Genocide Alert for Syria was issued in 2011, and the violent attacks on civilians continue to escalate in brutality and numbers. Refugees are fleeing to neighboring countries, mainly Lebanon, and Turkey. As the power struggle continues between opposition fighters and al-Assad regime, the government has shut down the Internet and closing its borders.
However, the BBC, Human Rights Council, Arab League’s Commission of Inquiry and Human Rights Watch has been regularly getting information from victims and witnesses on the mass atrocities. There are plenty of witness testimonies and video footages of the violence broadcasted on world mass media. Clearly, the al-Assad regime is committing intentional crimes against humanity. These crimes include arbitrary detention of thousands, widespread and rampant attacks on civilians, rape of detainees, genocidal slaughter of whole villages of Sunni Muslims, etc. There are reports of denial of food and medicines, as well as other essential resources to civilians. The children have been tortured and murdered.
Early warning signs of genocide in Syria are the regular violations of human rights and the fear among the ruling elite that a compromise would mean loss of their power. They have been deliberately targeting Sunni Muslims and army defectors and further denying of committing crimes against humanity. They name the rebels as foreign-inspired terrorist gangs.
Perhaps Bashar al-Assad’s days in power are numbered, but the sad reality is the crimes already committed. The world might be a witness to the world’s next genocide in a post-Assad Syria when millions of Alawites and ethnic minorities will get murdered. Even though, Syria is a Sunni majority country, Syria’s political and military leaders are from the Alawite minority (Sun, 2013). The Alawites are at risk of being slaughtered in a post-Assad Syria, and these seem to be no end to this ever increasing violence. The rebels have been committing slaughters against pro-Assad forces that include beheadings of civilians and even children. Other countries and media outlets continue to question as to why the West has not mediated in Syria and there are calls for an Arab-led military mediation in Syria if diplomatic efforts fail to bring an end to the crisis and prevent another imminent genocide from happening.
The prohibition of Torture
Torture is forbidden by a peremptory norm of international law and affects at the inter-State and individual levels. At the inter-State level, it delegitimizes any legislative, judicial and administrative act that authorizes torture. Potential victims could initiate if they had locus standing before a capable international or national body. The sufferer could also bring a civil suit for damages in a foreign court. What is important is that perpetrators of torture may nevertheless be held criminally accountable for torture, whether in a foreign or their own State. One also has to keep in mind that the development of international human rights law was still at a nascent stage in 1969 and it was only at the time the Vienna Convention was drafted was the potential consequences of the nature of these rights duly contemplated (de Wet, 2004). The promotion of certain fundamental rights, such as the prohibition against torture have been boosted with the introduction of the International Bill of Rights and other international human rights treaties.
The civil war in Syria that has gone on for almost four years now, has gory tales to tell, that reek of torture and death. According to several human rights organizations, a record number of torture-related deaths have been documented in Syria. Based on survivor testimonies and eyewitness accounts, there are torture rooms where 80% of those who enter are not able to come out alive because of the torture (Punishing Syrian Criminals against Humanity, 2014). Those who are still in detention in Syria are tortured every day of their captivity. There are endless stories of young girls and women being raped.
Human Rights Watch interviewed the torture victims who were young adults between 18 and 35. These victims also included children, women, and elderly Individuals who were either tortured or had seen others being tortured. Most of the prisoners, when questioned by Human Rights Watch, said they had been subjected to different forms of torture, and with escalating levels of pain. They could be forced to remain naked or in their underwear while being tortured. The mildest form of torture was to hit people with clubs and rods on their arms and legs and deny them food and water (Torture Archipelago Arbitrary Arrests, 2012). They would be left hanging by their hands from the ceiling for hours or days. Electric stun-guns and an electroshock machine were attached to nipples, and a knob used to regulate the current. People were put in coffins, and the coffins were closed. Hot water was poured on people, and they were whipped.
These detainees had spent anywhere from a few days to several months in detention. They had been arrested arbitrarily and had been transferred to four or five prisons. Some were released without any formal procedure, when the interrogators told them that they were free to go, while others were taken to court. The detention facilities were overcrowded cells, and there could be more than 60-75 people held in 20 square meters common cell. These cells were filthy and smelled of dirt and mold. There was no light, no food, and no water. There were no medical assistance available in most detention facilities, and there were several people suffering from chronic conditions or those who had sustained injuries or had bullet wounds during their arrest. The interrogation sessions were separate from the torture rooms, and the interrogating officers wanted the detainees to confess to having contributed in demonstrations, give names of other demonstrators and admit to having used weapons. They also wanted information about getting funding of demonstrations from abroad. A wide range of torture methods was used by the interrogators, guards, and officers. There have been beating, electrocution, threats against family members, exposure to cold and heat, pulling out fingernails, sexual violence, using acid to burn skin, prolonged nudity, stress positions, apart from all those brutal killings and massacre.
International community reflection on the crisis
The regional actors who were in proximity to Syria were hesitant to respond initially. This was because the United Nations Security Council (UNSC) and League of Arab States and the Gulf Cooperation Council were not able to reach a consensus and conclude on a decisive action to end the conflict. Secretary-General Kofi Annan floated a six-point peace plan after one year of the war. Unfortunately, the deal was unsuccessful to end the violence. A UN Supervision Mission in Syria was deployed to facilitate a peace plan in 2012, but their activities too were suspended. Till then, thousands had been killed, and many more were seeking refuge in neighboring countries, waiting for the world to find a solution to the crisis (The Crisis in Syria, 2014). The current situation is a tumultuous one, what with the growing humanitarian crisis and the mass executions by government forces. The opposition forces are still fighting the government for control of Damascus.
In 2011, Arab League imposed economic sanctions on Damascus after suspending Syria’s membership. In 2012, the League asked for Assad to step down and asked for a secondary resolution from the UN, and this step was supported by Russia and China. Once the government crackdown intensified in Syria. Turkey broke with Damascus. Ankara has facilitated arms shipments to Syrian borders, supporting the elements of the opposition. Gulf states and Jordan have provided financial and diplomatic support to the opposition (Masters, 2013).
The United States is influencing Saudi Arabia and Qatar to stop supporting the extremist groups and asked to funnel arms through the Supreme Military Council. The United States has cut off most U.S. aid and has levied several rounds of sanctions. All assets of the Syrian government have been frozen, and Washington has shut down its embassy in Damascus. European Union has conceded several rounds of sanctions on the Assad regime since the 2011 uprising, and these include travel bans, asset freeze, etc. Plus, there are restrictions on importing Syrian and oil-production equipment export. Russia and China have important economic and military relations with Syria (Masters, 2013). The duo has vetoed three resolutions to segregate the Assad regime. Russia continues to deliver the regime military support, but says it is dedicated to the Geneva process.
The UN Security Council is not able to take Syria to the International Criminal Court, even though it is violating Peremptory norms. This is because of the delay in the acceptance of a resolution that would refer the state in Syria to the International Criminal Court. The Council agrees that it has been unable end the brutal war that was hurting not only Syrians, but the entire region. The United Nations had a duty to defend the fundamental rights of the Syrian people. If the Council could not agree to a consensus, its credibility is going to suffer. The failure to adopt the draft resolution among Member States was an insult to humanity. According to the United States representative, the draft resolution carrying accountability for crimes was so deadly that there were few equals of it in the modern history. Syrian people equally deserve international justice (Referral of Syria to International Criminal Court, 2014).
It seems that some members of UN Security Council were unsure of the motivations of delegations that supported the text of the draft. According to them, the double standards within United Nations mechanisms have been unveiled by the crisis as the draft resolution was aimed at disrupting Syria’s presidential elections and was politically discriminatory.
Conclusion
The crisis in Syria that got initiated by protests in mid-March 2011 has now escalated to a full blown and uncontrolled civil war. The demonstrations were peaceful initially, but the National security forces responded to them with violence. Syrian President Bashar al-Assad has denied meaningful reforms demanded by protestors. What has followed is a complete violation of peremptory norms in international law and important for law, peace and order in the international community. There has been the use of force, prohibition of Genocide and torture. The witnesses, victims, the media document use of heavy artillery, arbitrary detention, torture, and mass killings.
What adds to issue of the worsening violence is the lack of assistance from the UN and non-governmental organizations (NGOs) to find a solution to the crisis. Syria is suffering from massive economic losses because of the never ending civil war. A number of sanctions have been imposed against it that have led to severe shortages of food, water, and healthcare in the country. As the crisis continued to escalate, Assad regime opponents are only loosely organized, creating several opposition organizations.
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