Syria: International Use of Force and Humanitarian Intervention

Abstract

The armed conflict in Syria is one of the gravest conflicts occurring in the world today. Since violence first erupted in 2011, nearly half a million people, mostly civilians, have been killed, and more than seven million, almost half of all Syrian pre-war population, displaced. Parties to the conflict include, in addition to the Syrian army loyal to President Assad, non-governmental armed groups including Syrian Kurdish forces, some of them supported by western countries and Saudi Arabia; external non-state actors such as ISIS, al-Nusra Front, and Hezbollah; and armed forces of states such as the US, Iran, and Russia. In view of the immense casualties, as well as the involvement of the international community, it is not surprising that various issues have been raised regarding the international law of the use of force (jus ad bellum) in connection with the Syrian conflict. This chapter will focus on the discussions regarding the legality of the use of force which did occured in the framework of the Syrian conflict. Particularly exhaustive are discussions regarding two issues: First, the right of State A to use force in self-defence against non-state actors (NSAs) operating in State B, without State B's consent (such as in the context of US actions against ISIS in Syria). The second issue widely discussed is the right of humanitarian intervention, or the responsibility to protect, as it is sometimes called. This chapter critically reviews current literature on these two subjects and applies this literature to the Syrian case. Additionally, the chapter covers the less frequently discussed subject of the exclusive right of the recognized government to ask for international support. Specifically, I suggest that current discussions of these issues are deficient because we lack a full understanding of the role of jus ad bellum in armed conflicts that are intra-state and transnational (that is between a state and non-state actor in another country). Recent conflicts have raised awareness of this deficiency. This chapter will delineate the emerging general principles regarding the role of jus ad bellum in intra-state conflicts.