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SYRIA: AN ANAMOLY TO INTERNATIONAL HUMANITARIAN LAW BY: ANSHUMAN BISARYA
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SYRIA: AN ANAMOLY TO INTERNATIONAL
HUMANITARIAN LAW
SUBMITTED BY: ANSHUMAN BISARYA
INTRODUCTION
Syria, under President
Bashar al-Assad who came into power after his father died in 2000 had the
country under his grip plagued by corruption, high unemployment and lack of political and civil rights and freedom.
In the 2010s, with the
advent of Arab Spring and above issues plaguing Syria, the wave of Arab Spring
also came into Syria where citizens came out on streets and a pro-democratic
will and desire was shown, first started in the city of Deraa in March 2011.
The Syrian government
promptly went on to use deadly force to crush this pro-democracy movement and
protests that spread nationwide. However, instead of it dying down, it went to
intensity with hues and cries for President’s resignation being echoed across
Syria. The Syrian government deemed this as “foreign backed terrorism” and soon
military forces was deployed, in retaliation, opposition groups also picked up
arms which later went on to become a complex web of conflicts and later being
blown into a full-on civil war with Syrian government being at war with
non-state actors and also other nations.[1]
The Syrian conflict is
also controversial because of intervention of many State and non-State actors.
Saudi Arabia, Iran, United States and Russia being pitted against each other
and terrorist groups such as ISIS and Al-Qaeda have further made the Syrian
conflict multi-layered in relation to categorisation of the conflict as both
International and Non-International Armed conflict. Although some countries
that were hit by Arab Spring such as Tunisia and Egypt but Syria has gone into
the path of civil war.[2]
By February 2022, 14.6
million people as per UN need humanitarian assistance and 12 million people
struggling for food security and 500,000 children are malnourished.
I.
RESEARCH QUESTIONS-
1.
HAS SYRIA DESPITE RATIFYING TO GENEVA CONVENTION, HAS IT ADHERED TO
IT?
2.
HAS IHL AND GENEVA CONVENTION PROVIDE ANY DETERRANT EFFECT ON SYRIA?
II.
INTERNATIONAL HUMANITARIAN LAW: WHAT IS IT?
IHL is one of the many strands of
international law. Its existence is made necessary by the preponderance of
conflict in the international system, where states battle to achieve strategic
interests. IHL is necessary in the dramatic situations of war which involve
widespread destruction of human lives and properties.
International Humanitarian Law
(hereinafter to be referred to as IHL) is one of the facets of International
Law whose existence is necessary in the international system where it is needed
in event of War. Despite devastation after the WWI and WWII, war and conflict
have been found in many corners of the world. This is where IHL steps in, IHL
does not concern itself with legality of war but concerns itself with the
conduct of the parties to the war and ensure basic rights and treatment for the
combatants, civilians and other ancillaries involved in the theatre of war.[3]
IHL tries to limit the human loss
catastrophe factor that is an inevitable part of war. IHL focuses on rights and
duties of parties to war towards combatants and civilians and ancillaries and
are aimed to solve humanitarian problems and crisis that come whenever there is
war or conflict involved.
IHL is based on fundamental
principles that are widely recognised such as principles based on humane
treatment, proportionality, distinction between civilians and combatants,
civilian infrastructure and military infrastructure and objects. All these are
embodied with the aim to limit unnecessary loss of human life and rights that
affect the involved parties such as civilians and even combatant and other
categories (such as spies, mercenaries). IHL also focuses to limit and prohibit
inhumane ways to fight a war.
IHL has fundamental principles that
are universally accepted that is guided on humane treatment and includes
distinction between citizens and combatants, military necessity. (Read about
them) IHL also puts forth that military and religious buildings and objects
should not be targeted and affected by military operations. IHL specially
focuses on limiting the loss of human life and catastrophe. IHL focuses on
rights of prisoners of war and also spies and mercenaries who often get grinded
between States in theatre of war. IHL also focuses on citizens and their rights
and protection. IHL covers a number of scenario which are relevant in this day
and age such as citizens spontaneously taking up arms to fight off invading
forces. IHL protects PoW’s from arbitrary proceedings against them and looks to
restrain the occupying power to ward off inhumane treatment that they can be
subjected to. IHL categorically says that status of PoW has to be shared with
ICRC who will verify the status of PoW and also that PoW can be disciplined in
event they try to escape but they cannot be tried under domestic laws of
occupying force. (look up Articles)
IHL and its principles has been
incorporated and followed by Geneva convention, most notably the most important
authority of IHL that looks over the conduct, rights and duties of parties
involved in the war.
This paper will discuss Geneva
convention that is relevant to Syrian crisis which is the focus point of the
paper.
3.1 Geneva Convention- I
Geneva Convention-I talks is the 4th updated
version of Geneva convention on wounded and sick from 1964, 1906 and 1929. It
has 64 articles. Geneva convention’s subject matter of protection if wounded
and sick on the field of war on ground. Notably, Geneva convention-I also
provided protection of religious personnel (chaplain) and medical personnel and
units and medical transportations. Geneva convention has 2 annexes that
includes a draft agreement on hospital zones and a uniform identity card for
medical and religious personnel involved in theatre of war and conflict.[4]
3.2 Geneva
convention IV
Geneva convention IV is very important as it focuses on the
most impacted party involved in the war i.e. the citizens that are stuck and
affected by the war and conflict.
Incidentally, in the 1949 version of convention, it primarily
concerned itself with combatants, however, it had a short section which talked
about population and the ill-effects suffered by them during a war. However,
the hostilities that they face was covered in Additional Protocols in 1977. The
convention primarily deals with treatment of civilians and their protection
even in occupied territory. This convention even lays down the obligations of
the occupying power towards the civilians and contains “detailed provisions” on
humanitarian rights and duties towards the civilian population.[5]
Notably, common Articles of Geneva convention lay the primer
for the 4 Geneva conventions.
Article 3 of Geneva convention is
considered nothing short of a breakthrough as for the 1st time,
situation of international and non-international armed conflicts was covered.
Common Article 3 talks about
humane treatment for all persons and prohibits murder, torture, derogatory
treatment, unfair trial and talks about the wounded, sick and lost at sea to be
taken care of and also paves way for ICRC to have access to those that may
require its assistance. Civil War, internal armed conflict which spreads to
another State or internal conflicts where other States or multi-State group
join in the conflict alongside the government.[6]
Syria ratified Geneva Convention IV and Additional Protocol I
on 2/11/53 and 14th Nov 1983 respectively.[7]
|
Ratification
|
02/11/1953
|
|
|
14 Nov
1983 Ratif,/Acc.
|
III.
ATTACK ON CITIZENS
In what can be considered as barbaric
and dastardly attack, Syrian government and non-State attacks alike have
resorted to attacks on its own citizens to instil a sense fear and to detract
them. Notably, Syrian and Russian attacks have both been condemned on global
stage.
One notable use is barrel bombs, there have
been frequent and constant bombing of civilian areas which are prohibited by
Geneva Convention- IV which talks about civilian infrastructure with presence
of civilians should not be executed under any circumstances. This
indiscriminate bombing including shelling that has resulted in numerous
civilian deaths and injured thousands including children. Such is the
indiscriminate bombing that Syrian government has bombed markets, schools,
medical facilities and public spaces such as squares. Furthermore, in more
dastardly acts, when assistance is being given to the injured, there is a
second round of bombing. This indiscriminate bombing is meant to completely
kill the mental spirit of the citizens and medical personnel alike.
Use of cluster munitions
Furthermore, in addition to bombing,
cluster ammunition has been deployed in form of airstrikes by Syrian and
Russian fighter jets on civilian areas of Iblib, Douma, Dayr-az-Zawr and Aleppo
Governorate and in Aleppo. Notably, the cluster ammunition used is from atleast
13 banned international cluster munition that have been used in 400 attacks on
areas that oppose the government. There have been instances where camps which
largely had women and children was also subjected to attacks and there were no
fighter or armed resistance present in that camps. This can be understood as
akin to Rajic case where despite no armed resistance, civilians were
killed.[8]
Targeting of schools –
Geneva Convention- IV talks about
that civilian infrastructure cannot be attacked. In an instance during the Gulf
War, a fighter jet was strategically placed near a religious place so that no
attack would be taken on the fighter jet, this was however deemed improper as
this tactical move jeopardises the citizens.
Between 2011 and 2015, the attacks on
the school in Syria have been such that almost half of worldwide attacks on
school executed so far has been done in Syria. This shows how much
indiscriminate and frequent attacks on Schools have been conducted. In fact,
there has been State sponsored attacks on educational institutions such as
government bombing in Haas, Idleb that resulted in death of 35 civilians which
included 22 children and 6 teachers. The school was located in opposition held
areas. Notably, in all these attacks, no military or armed presence was
ascertained there still indiscriminate attacks were continued and executed.[9]
Targeting of medical facilities
Geneva Convention specifically prohibits
and condemns attacks on medical personnel and infrastructure. Hospitals,
medical centres and clinic areas have been subjected to constant attacks that
have been deliberately targeted by Syrian and Russian forces. Government forces
have been targeted and accused time and again for carrying attacks on medical
facilities and 768 deaths. In Aleppo area, airstrikes were conducted which led
to severe damage to hospital areas which forced the hospital to be shut down
permanently.[10]
Targeting of water sources
In another instance which shows sheer
barbarism of Syrian civil war and the mentality of Syrian government is the
attack on water sources and utilities which affected atleast 5 million
civilians which hindered their access to potable water for over a month. Syrian
Air force deliberately attacked the water sources and utilities, notably the
Al- Feijeh spring at Wadi Barad near Damascus.[11]
Use of chemical weapons –
Syria government has been known to
use chlorine munitions in 2014, ‘15 and ‘16. Both air dropped and rocket
assisted munitions were dropped to target civilian areas. Chlorine bombs were
dropped and deployed as a weapon. Barrel bombs containing chlorine gas has been
dropped in residential areas that killed 80 people and left people with reactions
akin to nerve gas affected.[12]
Chemical weapons are prohibited and
strictly go against the tenets of International Humanitarian Law. Although,
Syria has not ratified to the 1993 convention that prohibits Chemical warfare
but still, chemical weapons being used in this day and age is barbaric.[13]
But Geneva Convention also talks
about limit of proportionality of attacks and this is where Syria also falls
afoul of it.
Targeting of humanitarian aid workers
and humanitarian objects –
Humanitarian aid workers, a group
that is specially protected have been subject to attacks by both Syrian and
Russian government. Attacks have been executed on humanitarian aid workers and
supplies aimed to give aid. In addition to killing civilians, attacks deprive
civilian people and cut them off from humanitarian aid and assistance. Russian
and Syrian aircraft have bombed a UN/Syrian Arab Red Crescent aid convoy that
was going to Aleppo. This attack is incomprehensible as only before in Namibia,
attack had been made on a UN affiliated convoy. This shows the mindset and lack
of adherence towards International Humanitarian Law.[14]
Geneva Convention also makes it a
point that UN convoys cannot be fired at that is coming with supplies and aid
but this was done by government and opposition forces alike despite UN getting
their prior permission.
Armed groups stemming from Syria such
as Da’esh, Hay’at Tahrir Al- Sham and Kurdish People’s Protection Units have
launched indiscriminate attacks that resulted in civilian deaths using mortars
and rockets and ammunitions.[15]
Pro-government forces have executed
sieges in the conflict. Although sieges are not categorically prohibited under
IHL but siege has to be done in consonance with IHL rules. (Find rules)
However, sieges laid down have been cited with numerous violations that
included denial of humanitarian aid, food, water and freedom of movement.
Furthermore, there have been damning
allegations of hospitals and allegations that have been used as shields by
armed fighters by the pro-government forces.
The indiscriminate attacks by Government and non-State actors
alike have significantly destroyed Syria’s heritage, once that it boasted rich
cultural heritage. All 6 of country’s UNESCO World Heritage sites have been
damaged significantly with deliberate bombing in ancient city of Palmyra.[16]
IV.
CONCLUSION
The conflict in Syria, what started
as a pro-democratic movement has turned into an ugly prolonged war.
Every actor involved in the conflict
in Syria including the non-state groups and State actors have alike turned to
rip every convention of Geneva Convention, Convention IV particularly by
turning to dastardly acts on its own citizens. The use of cluster ammunition
and barrel bombs and chemical weapons to affect public facilities. Basic
necessities such as water have been affected and rendered useless. This can be
akin to British poisoning Ganga river with Cholera but that was against a
foreign entity, in the case of Syria, the government turned into its own
citizens and to mock and kill the spirit of democracy, the State, non-State
actors alike have tried to kill and dampen the citizens. This civil war has
become a war of attrition with citizens taking the brunt of it. The attack on
hospitals and medical personnel is another issue. International Humanitarian
Law has long made it a point that medical personnel are off the limits but
Syria has crossed the same and has not adhered to even basic fabric of
International Humanitarian Law. It is especially sad that despite being in 21st
century, the Syrian Civil War can be seen as a war theatre from previous centuries
when the King or occupying power used to turn on its own people.
Syria despite ratifying to Geneva
conventions has not adhered to it and also poses questions on what deterrence
effect IHL has on member states. It is crucial that something critical is done
to reinstate the posture and confidence of IHL among member states and global
citizens so that every State does not descend into anarchy due to domestic and
external factors.
[1] Al Jazeera correspondent, Syria’s
War explained from the beginning, Al-Jazeera
https://www.aljazeera.com/news/2018/4/14/syrias-war-explained-from-the-beginning
(last visited on 2/03)
[2] Reuters, Why has the Syrian War
lasted 11 years?, BBC, https://www.bbc.com/news/world-middle-east-35806229
(last visited on 2/03)
[3] Oluwaseyi Emmanuel Ogunnowo &
Felix Chidozie, International Law and Humanitarian Intervention in the
Syrian Civil War: The Role of the United States, SAGE, pg. 1-11 (2020)
[4] ICRC correspondent, The Geneva
Conventions of 1949 and their Additional Protocols, International Committee
of the Red Cross,
https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols
(last visited on 2/03)
[5] Ibid
[6] Ibid
[7] UN Treaty Status- Syria, United
Nations https://treaties.un.org/pages/showdetails.aspx?objid=08000002800f3586
(last visited on 2/03)
[8] Lenoard S. Spector and Egle
Murauskaite, Dealing with Syria’s Dangerous Arsenals, ARMS CONTROL
TODAY, 42, pg-8-13 (2012)
[9] Assaf Orion, The United States,
Syria and Chemical Weapons: An unfinished Symphony, Insitute for National
Security Studies, JSTOR, http://www.jstor.com/stable/resrep08852
[10] Ibid
[11] Supra Note 6 at pg. 9
[12] Supra Note 8 at pg. 8
[13] Supra Note 9 at pg. 4
[15] Iffat Idris, International
Humanitarian Law and Human Rights violation in Syra, GSDRC, University of
Birmingham,
https://gsdrc.org/wp-content/uploads/2017/07/127-IHL-and-HR-violations-in-Syria.pdf
(last visited on 2/03)
[16]Carsten Stahn, Between Law-
Breaking and Law-making, Oxford University Press, Journal of Conflict and
Security LaW, 19, pg. 25-48 (2014)
Article Information
SYRIA: AN ANAMOLY TO INTERNATIONAL HUMANITARIAN LAW BY: ANSHUMAN BISARYA
Authors: ANSHUMAN BISARYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/14
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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