The legality of military action in Syria: humanitarian intervention and the responsibility to protect
It now seems fairly clear that the US and the UK are set to take military action in Syria in the coming days in response to the recent chemical attacks there. The UK Prime Minister, UK Foreign Secretary and the UK Secretary of State for Defence have all asserted that any action taken in Syria will be lawful. But on what grounds will military action in Syria be lawful. As is well known, United Nations Charter prohibits the use of force in Art. 2(4), as does customary international law. The UN Charter provides 2 clear exceptions to the prohibition of the use of force: self defence and authorization by the UN Security Council. It is almost certain that there will be no Security Council authorization. In a previous post, I considered the possibility of a (collective) self defence justification for the use of force in response to a use of chemical weapons. The scenario contemplated then is very different from the situation that has emerged, and the language used, at least by the UK, does not hint at a use of force on the basis of national interest. However, President Obama in a CNN interview last week did seem to speak of self defence when he said “there is no doubt that when you start seeing chemical weapons used on a large scale … that starts getting to some core national interests that the United States has, both in terms of us making sure that weapons of mass destruction are not proliferating, as well as needing to protect our allies, our bases in the region.” A justification for force on this basis would sound like preemptive self defence in a way that is very close to the Bush doctrine. I find it hard to see the Obama administration articulating a legal doctrine of preemptive self defence claim in this scenario.
After the Protests: Time for a new politics in Turkey
The balance sheet after three weeks of protests and police violence in Turkey is grim: four people were killed, more than 7,000 wounded, 11 lost their eyesight and several hundred detained. What began as a localised protest over a shopping centre and the demolition of the Gezi Park in Istanbul’s central Taksim Square turned into a nationwide conflagration in response to the inciting rhetoric of Prime Minister Recep Tayyip Erdoğan and the unfettered police brutality unleashed upon peaceful protestors. The image of German Green Party Chairwoman Claudia Roth, barely able to speak following a teargas attack on her hotel next to the Gezi Park, will come to haunt Turkey’s political elites for years to come.
It is hence not surprising that a significant portion of Turkey’s society, which also feels unrepresented by the infighting-plagued main opposition party, was ready to go to the streets, when the initial protests over the shopping centre were brutally repressed.
The outlook for continuing stability in the South China Sea
East Asia’s rapid economic and military development has captured global attention. Analysis of news coverage demonstrates that regional economies and tensions have been growing in tandem. The South China Sea has historically been of particular interest because of the number of conflicting claims on the islands and sea-lanes it encompasses. Of note, these conflicts have never escalated to a full-scale regional war. Direct extrapolation suggests that previous restraint in military interactions implies the nations involved do not consider the potential benefits sufficient to justify an upset to the balance of power. However, contemporary changes in economic and security conditions complicate the issue.
Tehran 2012: From the Axis (of evil) to the Non-Aligned Movement
After long years of silence and quiescence, the Non-Aligned Movement gained momentum in the debate about global governance and the management of alternative strategies of engagement with the world of international affairs. The setting was an unusual one per se, suggesting that the 16th gathering of the NAM was likely to be of a different nature. Indeed, Tehran, during the heated summer of 2012, seemed to be one of the less aligned capitals of the world, for a number of issues, widely debated in political science circles as well as among foreign policy decision-makers. Crippling sanctions, shadow negotiations and an on-going regional conflict in the Middle East, with several branches developing in Syria, Lebanon, Bahrain and perhaps Yemen, have put …
Is the UK Border Agency ‘not fit for purpose’? What purpose exactly?
The Home Affairs Committee has recently published a report into the work of the UK Border Agency in which it criticises the UKBA for failing to deport more than 600 Foreign National Prisoners who were released between 1999 and 2006 and are still in the country. It also says the Agency is failing to clear the ever increasing “controlled archive” of unresolved cases in the Case Resolution Programme. The report calls on for the Home Office to ‘act immediately to deal with the public scepticism in the effectiveness of the UK Border Agency’. Keith Vaz MP (Labour), Chair of the Committee, said: The reputation of the Home Office, and by extension, the UK Government, is being tarnished by the inability …
Preventing progress in Palestine: Israel must do more to break the deadlock
In Israel and the Palestinian territories, decades of conflict have not offered ripe soil for mutual understanding and peace on reasonable terms. Endless confrontation has eroded hopes for successful negotiations. Nonetheless, the frequent reference to a ‘status quo’ in the Israeli-Palestinian conflict is mistaken – in my opinion, it’s pure political rhetoric and this conflict is anything but one of attrition. Every day, new settler houses are being built in the West Bank and east Jerusalem – on Palestinian land. Everyday bricks are added to the anti-terrorist fence (or apartheid wall, as some call it), thereby outcasting communities of shared history, as well as hindering commerce and splitting communities (and families) apart. The Israeli government, meanwhile, has authorised the building …
Many Trails to Freedom: Islamic Democracy is not an Oxymoron
“I disapprove of what you say, but I will defend to the death your right to say it.” – Voltaire. Over Christmas I visited Boston and had the occasion to walk the famous freedom trail: 3 miles of sights commemorating American independence. As I walked this hallowed ground I pondered on those fighting for freedom today, in the streets of Cairo, Homs and Tunis. Having met some of these people, I wondered at the suspicion we direct at the Islamic parties now gaining power, as if we forgot our own history. American democracy was born of Puritan principles of self-government, but that did not prevent it from evolving into the (more or less) secular body it is today. Ignoring this …
Resource control: Right or Privilege?
‘Resource control is a right. It is not a privilege’ -A member of a peaceful youth rally in the Niger Delta, from the film Sweet Crude. In the first couple of minutes of the opening of the film, Sweet Crude, director, Sandy Cioffi, discloses, ‘this is not the movie I intended to make’. She had travelled to the Niger Delta to film the building the Niger Delta Friendship Library, which was to serve as a ‘symbol of peace’ in the region. While traveling, visiting and listening to local voices, the true value of this library as an empty symbol was revealed. Sandy says, the ‘reality of their lives are far more complex than a community library. Knowing them would change …