Current Legal Issues: the use of force in international law

1. Current Legal Issues: the use of force in international law The UN, Syria, Kenya… Update on 28 September 2013

2. Update • This is a course about current legal issues • So we are following in class various issues that are currently unfolding • All students should be reading the news/watching the news on a daily basis • This slideshow contains some current information on some developing issues which concern the use of force in international law

3. Topics in this slideshow • The United Nations’ General Assembly • Syria 3. Kenya

4. United Nations’ General Assembly

5. This past week: the UN General Assembly began its 68th Session • What is the UN General Assembly? • It is the main deliberative, policy-making and representative organ of the UN • All 193 nations are represented – it's like a ‘parliament of nations’ • The Presidents and Prime Ministers of every state meet once a year • This is the 68th session: 24 Sept – 1 Oct 2013 • It begins with speeches from each of the states in what is called the ‘general debate’ • You can see and hear any of the speeches here: http://www.un.org/en/ga/ • Let’s look at some of the Member States’ speeches…

6. Speeches at the UN: Kuwait • Kuwait: • on 25th September • Arabic and English version of the speech here • Video and audio downloads • http://gadebate.un.org/68/kuwait • Prime Minister Jaber al-Mubarak Al-Hamad Al-Sabah • Talked about improving bilateral relations between Kuwait and Iraq • Talked about Syria – he said it is approaching a catastrophe; he talked of Kuwait’s $ contribution to Syria (Kuwait hosted a donors’ conference) • Kuwait respects all nations’ rights to develop nuclear energy for peaceful means – called on Iran to do so under the rules of the IAEA • Called for Israel to respect international resolutions • Talked about Kuwait donations to Yemen

7. Speeches at the UN: New Zealand • New Zealand: • on 26th September • Video and audio downloads here http://gadebate.un.org/68/new-zealand • Prime Minister John Key • Criticized UNSC’s permanent members for failing to do anything to stop the humanitarian tragedy in Syria • Said that the Assad regime had been shielded by the use of the veto • Called for a two state solution in Israel and Palestinian conflict • Called for reform of the SC

8. Syria

9. Syria: what role for the ICC • Some people have been calling for the perpetrators behind the violence in Syria to be referred to the International Criminal Court (ICC) for prosecution • The ICC is the court which prosecutes individuals for war crimes, crimes against humanity, genocide, torture and other very serious criminal offences • Human Rights Watch is one NGO that has recently (on 25 September 2013) called for the Security Council to refer the Syrian issue to the ICC • See article here: http://www.hrw.org/news/2013/09/25/why-us-should-back-icc-role-syria

10. War crimes in Syria? • There is no doubt that the Syrian regime has been and is continuing to commit war crimes • The chemical weapons attack on 21 August against the village of Ghouta is just one incident • On a daily basis: • the regime is shelling/bombing civilian neighbourhoods • Users snipers to shoot at civilians • Beating up and torturing prisoners of war • Starving civilians by placing areas under siege so no food can enter rebel-held areas: http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11129485

11. Syria: what about the ICC? • Syria did not sign the Rome Statute which established the ICC • So for the Syrian issue to come before the ICC, the Security Council must first refer the issue • That would require something called an “ICC referral” • This was suggested in a draft Security Council Resolution but so far this has not been supported by all 15 members of the Security Council • The latest resolution does not have the ICC referral in it

12. Who supports the ICC for Syrians? • The United Nations’ Secretary Ban Ki Moon, • Various Human Rights groups including HRW, Amnesty International • A group of international lawyers led by Professor Michael Scharf at the Case Western Reserve Law School • At least 60 countries signed a joint statement on 18 January 2013 stating that they support involving the ICC to prosecute Syria’s war criminals • Switzerland prepared this statement on behalf of the 60 countries • See this link: http://www.franceonu.org/france-at-the-united-nations/press-room/speaking-to-the-media/remarks-to-the-press/article/18-january-2013-syria-icc-joint • The group of 60 includes 5 current members of the Security Council: • France • Australia • Luxembourg • Korea • The UK

13. Who DOES NOT support the ICC for Syria? • Well, Russia of course does not support it • What about the US? • Hard to know for sure what their position is but at the moment they haven’t supported it publicly • US itself is not a signatory to the Rome Statute so it lacks moral authority to call for the ICC to be able to try Syrians? • What about China? Probably opposed • Let’s see what happens with the latest UNSC resolution • Will the ICC referral that was in an earlier draft disappear? Yes, it has • To read a Q and A about Syria and the ICC click here: http://www.hrw.org/news/2013/09/17/qa-syria-and-international-criminal-court#1 • See Amnesty International http://www2.amnesty.org.uk/blogs/campaigns/syria-icc-international-criminal-court

14. Red lines • President Obama said in August 2012 that the use of chemical weapons in Syria was a ‘red line’ that could not be crossed • Source: http://www.washingtonpost.com/blogs/fact-checker/wp/2013/09/06/president-obama-and-the-red-line-on-syrias-chemical-weapons/ • BUT is there any difference in being killed by chemical weapons than by normal weapons? • See this article: http://edition.cnn.com/2013/08/27/world/meast/syria-chemical-weapons-red-line/index.html 1min.39sec.

15. First UN Security Council Resolution on Syria • On Friday 27th September, the UN Security Council passed its first resolution related to the Syrian conflict –which began in March 2011 • Summary and photos:http://www.reuters.com/article/2013/09/28/us-un-assembly-syria-idUSBRE98Q0Z820130928 • Both sides are saying it is a victory: Russia is happy that the resolution rules out automatic Chapter VII consequences • The US, UK and France are happy because they think they have done something to control the use of chemical weapons • Official UNSC website hasn’t posted S/RES/2118 (2013) yet • Here is an unofficial version: http://www.al-bab.com/arab/docs/syria/syria_security_council_resolution_2118.htm#sthash.lCtALLqr.dpbs

16. UNSC Resolution 2118 2013S/RES/2118 (2013) Good things about it Bad things about it There are no consequences if Syria fails to comply If Syria fails to comply, another new resolution will be needed It will take a long time: 1 Oct is the start date but it will take until mid-2014 to destroy the chemical weapons Is it a “green light” for the other conventional weapons to continue to be used (remember, most deaths ie. 99% have been caused by the daily bombing etcnot chemical weapons) The ICC referral was removed Russia and Syria still blame the rebels for the 21 August attack: they haven’t accepted that the Assad regime carried it out! The daily killing continues… • Calls for Syria to abandon its chemical weapons stockpile • Calls for international inspectors to be allowed access to them • It is the first time the SC could agree on anything about Syria

17. OPCW • Organization for the Prevention of Chemical Weapons (OCPW) • It is a chemical weapons watchdog, trying to rid the world of chemical weapons • They met before the UNSC and they agreed on a timetable to destroy Syria’s chemical weapons • It is a small organisation – its never done anything like this before • Its document was attached to and forms part of the UN SC Resolution • They have at least 7 alleged attacks to investigate, for a map see here http://www.bbc.co.uk/news/world-middle-east-24308763

18. Kenya

19. Kenya • The stats: 5 attackers killed, 61 civilians, 6 security personnel • Who: Al Shabab has claimed responsibility • They have issued a statement telling Kenya to pull its troops out of Somalia • The leader, Ahmed, Abdi Godane, says the attack in Nairobi was retaliation for Kenya’s military involvement in Somalia • Kenya has had troops inside Somalia for about 2 years, trying to defeat Al Shabaab and drive them out of the cities • Back in 2011, Al Shabaab threatened Kenya if they did not withdraw their forces from Somali soil • See this article: http://www.euronews.com/2013/09/25/behind-al-shabaab-s-war-with-kenya-terrorist-group-may-have-even-surprised-/ for video and more background

20. Al Shabaab • An offshoot of the Islamic Courts Union • Al Shabaab is a group of militants fighting for control in Somalia • Active since about 2006 • Al Shabaab’s members describe themselves as waging jihad against the enemies of Islam • They are currently fighting against the Somali Transitional Federal Government and the African Union Mission to Somalia

21. Kenya – terrorism? • What is terrorism? • There is no internationally agreed upon definition • Since 2000, states have been trying to agree on a definition but have so far failed to do so • It is a very old phenomena • Basic elements: • the use or intended use of force • Against civilians • With the intention of creating terror or intimidation in the public or to get a government/international organisation to do/not to do a certain act • There is a great deal of disagreement over the meaning • Does it include state actors and non-state actors??

22. Response to terrorism? • Is an act of war? • Is it a criminal act? • What are the appropriate responses to terrorism? To this particular incident? • What do you think should happen next?

23. Conclusion • There are some other important issues (besides those mentioned in this slideshow) related to the use or threatened use of force: • Iran: regarding its nuclear plans • China and Japan: regarding disputed islands in the East China Sea • Pakistan and Afghanistan: regarding attacks inside and outside; the Taliban and the use of drones • Please check the news daily to keep up to date on these and other issues related to our topic • There will be questions in the mid-term and final exams related to these current issues