When the pigeons refuse to fly: Legal perpesctives on the deployment of chemical weapons in Syria

Abstract

In recent times, several hostilities have taken place all over the world. However, these hostilities have been non-international in character and outlook, with the attendant gory effects more pronounced in the 20th and 21st Century warfare. The type of weaponry engaged in such hostilities have been in the spotlight in International Humanitarian Law (IHL). The deployment of chemical weapons in the Syrian war and its adverse effect on the civilian population have become a global concern. The effectiveness of the Convention on the Prohibition of the Development and Production, Stockpiling and use of Chemical Weapons and on their Destruction, and other legal instruments relating to the protection of victims of Non-International Armed Conflicts, have been questioned. Although, scholars had in times past advocated for the restriction and prohibition of the use of chemical weapons in armed conflicts, the Syrian situation has again exposed the need to devote urgent attention to providing more effective sanctions for perpetrators of this heinous crime. This paper seeks to explore the legal implications of the deployment of Chemical Weapons in Syria, by canvassing arguments for more concerted efforts to guard against the use of Chemical Weapons in armed conflicts and ensure more adequate protection for civilians. This will give effect to and promote the core values of IHL.