Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

  • The five year armed conflict in Syria has resulted in what Amnesty International has described as “the worst humanitarian crisis of our time”.1 the conflict broke out in 2011,2 the precise point when the armed conflict began is less clear

  • Starvation may be prosecuted as a war crime, an act of extermination comprising a crime against humanity or potentially as an act of genocide by “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”

  • The fourth Element of the Crime requires that “the perpetrator was aware of factual circumstances that established the existence of an armed conflict”. 128 Given the web of non-international armed conflicts in Syria and the reluctance to classify these as ‘internationalised’ or international armed conflicts, there is a possibility that crimes of starvation committed in the context of a non-international armed conflict will not be prosecuted at the International Criminal Court

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Summary

Introduction

The five year armed conflict in Syria has resulted in what Amnesty International has described as “the worst humanitarian crisis of our time”.1 the conflict broke out in 2011,2 the precise point when the armed conflict began is less clear. This paper will examine one heinous aspect of the war in Syria, that of starvation during siege warfare. The aim of this paper is to identify the various violations of international humanitarian law arising from the use of siege warfare, resulting in the starvation of the civilian population. It further examines whether potential criminal liability arises under international criminal law.

Background to Sieges in Syria
Conflict Classification
International Armed Conflict
Non-International Armed Conflict
Legality of Sieges in International Humanitarian Law
Civilian Objects and Military Objectives in Non-International Armed Conflict
Humanitarian Access to Besieged Areas
Relief Consignments
Evacuation of Civilians
Prosecuting Starvation
The War Crime of Starvation
Starvation as a Crime Against Humanity
Starvation as Genocide
Conclusion
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