Article Review: Losing the Forest for the Trees: Syria, Law and the Imperatives of Conflict Recognition

by Jessica Poarch

Have you ever wondered how to tell when a riot or internal dispute becomes a non-international armed conflict falling under the regulation of Common Article 3 of the Geneva Conventions? If the answer is yes, I highly recommend reading  “Losing the Forest for the Trees: Syria, Law and the Imperatives of Conflict Recognition” by Laurie R. Blank & Geoffrey S. Corn. This article can be found on Professor Corns’ SSRN page to which the title above is hyper-linked.

In the Article, while arguing for a new approach to Conflict Classification, the authors provide detailed analysis on the history, purpose, and current test used to classify conflicts as well as an explanation as to why proper classifications of conflict are vital to the future of the LOAC.

Continue reading

ADVANCED COURSE ON THE LAW OF ARMED CONFLICT (LOAC)

by Travis Normand

Mark your calendars for the Advanced Course on the LOAC in Sanremo, Italy.  This course is sponsored by the International Institute of Humanitarian Law.

I first heard about the International Institute of Humanitarian Law a few years ago and have wanted to attend one of the organization’s workshops/conferences ever since.  My goal is to someday actually make it to Sanremo, Italy for one of these.

If you have the ability to attend, I have heard that it is more than worth the time and effort it takes to get there.

Advanced Course on the Law of Armed Conflict (LOAC)
1- 5 October 2012
Sanremo, Italy

The Advanced Course on Law of Armed Conflict (LOAC) is conducted in either English or French.  The Courses will run concurrently from 3 – 7 October 2011.  These courses provide a practical and contemporaneous consideration, at an advanced level, of LOAC issues with a particular focus on those impacting on interoperability in multinational operations.

Link to course website.

American Terrorism is a Criminal Matter

by Travis Normand

Here is another example of how terrorist activities are typically treated as a criminal matter, and not a LOAC matter, when they are attempted on U.S. soil.

US prosecutor: 18-year-old arrested for attempting to set off car bomb outside Chicago bar
Washington Post (WashingtonPost.com)
By Associated Press, Published 15 September 2012

CHICAGO — Undercover FBI agents arrested an 18-year-old American man who tried to detonate what he believed was a car bomb outside a downtown Chicago bar, federal prosecutors said Saturday.

Adel Daoud, a U.S. citizen from the Chicago suburb of Hillside, was arrested Friday night in an undercover operation in which agents pretending to be terrorists provided him with a phony car bomb.

Read the entire article HERE!

Continue reading

A Quick Discussion on Drone Strikes in Yemen

by Jessica Poarch

With the death of some of its top leadership al-Qaeda’s power based has shifted into Yemen. With this influx of power and presence has come more drone strikes by the U.S. As the bombs fall news articles and blog post spring up to bring to the World’s attention the questions, realities,  tragedies and triumphs surrounding the attacks; I have included a few below as a catalyst for thought or conversation on the issue.

Wired Blogger Noah Shachtman wrote, “29 dead in a little over a week. Nearly 200 gone this year. The White House is stepping up its campaign of drone attacks in Yemen, with four strikes in eight days. And not even the slaying of 10 civilians over the weekend seems to have slowed the pace in the United States’ secretive, undeclared war.”

What are the effects of the Drone strikes on al-Qaeda? The Washington Post reported in May that the killing of civilians in drone strike bread resentment for the U.S. among Yemenis and strengthened their sympathies for the militant group; what the article calls a “marked radicalization of the local population.” In the same article, the Washington Post states that the strikes “have significantly weakened al-Qaeda’s capabilities.”

Are the strikes pushing the Yemeni population toward al-Qaeda? In the article sited above, the Washington Post says yes. However, this may not mean an increase is recruits to the group. Christopher Swift, after conducting interviews with “tribal leaders, Islamist politicians, Salafist clerics, and other sources” writes that it is economic factors and not the Drone strike that push new recruits toward al-Qaeda. The article states, “Though critical of the U.S. drone campaign, none of the Islamists and Salafists I interviewed believed that drone strikes explain al Qaeda’s burgeoning numbers. ‘The driving issue is development,’ an Islamist parliamentarian from Hadramout province said. ‘Some districts are so poor that joining al Qaeda represents the best of several bad options.’ (Other options include criminality, migration, and even starvation.) A Salafi scholar engaged in hostage negotiations with AQAP agreed. ‘Those who fight do so because of the injustice in this country,” he explained. “A few in the north are driven by ideology, but in the south it is mostly about poverty and corruption.”’

What is clear is that the Yemeni population is highly concerned with civilian casualties. It is the death of civilians that is sited by the Washington Post as string movement in support of the militant group and it is the death of civilians sited time in again in the interviews mentioned above that breads disapproval of the strikes among the interviewees. One interviewee “explained that Yemenis could ‘accept [drones] as long as there are no more civilian casualties.’An Islamist member of the separatist al-Harak movement offered a similar assessment. ‘Ordinary people have become very practical about drones,’ he said. ‘If the United States focuses on the leaders and civilians aren’t killed, then drone strikes will hurt al Qaeda more than they help them.'”

However, The Economist’s recent article seems to suggest broader disapproval of the strikes which are not voiced due to the necessity of U.S. support for the Yemeni government.

A Discussion on Syria

by Jessica Poarch

Today the Economist reported that: “August was certainly the bloodiest month so far [in the Syrian Conflict]: as many as 4,000 may have died, 3,000 of them civilians and rebels, the rest soldiers or pro-regime militiamen. The death toll now often tops 250 a day. The opposition reckons that 23,000-plus Syrians have been killed since protests began in March last year; the UN, more conservatively, puts the toll at 17,000.”  (Read the rest of the article here).

The persistent and growing bloodshed raise questions about whether or not the International Community is doing enough to support the rebel force or to bring an end to the conflict. In the same article sighted above, the Economist notes that foreign governments are not ready for direct intervention into this Conflict, but should they be? For additional information on the debate check out this mornings Daine Rehm Show entitled “The Deepening Conflict In Syria“.

For me, as a student of LOAC, this is a reminder that there is no international police force to impose the LOAC rules on nations and people at war; a reminder that, as Gary Solis wrote in his book*, “At the best of times, LOAC is never more then imperfectly observed, and at the worst of times is very poorly, observed indeed. In fact, one must  admit that LOAC really does not work well at all. However, … we should perhaps not so much complain that the law of war does not work well, as marvel that it works at all.”

[*] Gary D. Solis, The Law of Armed Conflict: International Humanitarian Law in War, p 8.

Casebooks on Insurgency and Revolutionary Warfare (for Download)

by Travis Normand

I wanted to make everyone aware that there is a new book (downloadable in PDF format) titledCasebook on Insurgency and Revolutionary Warfare Volume II:  1962-2009.”  (888 pages)

This new resource is great for those interested in studying unconventional warfare, irregular warfare, insurgency, and counterinsurgency.

Further, the Volume II casebook was produced by the US Army Special Operations Command and The Johns Hopkins Applied Physics Lab National Security Analysis Department.  Volume II is the result of a four-year project of updating Volume I, which was created in the 1960’s by the Special Operations Research Office.

Both versions (Vol. I and II) can be downloaded at:  WarFareCenter.com OR SmallWarsJournal.com

A “Must Read” Article for Anyone New to the LOAC

by Travis Normand

When I started this blog, one of my main purposes was to create a place where people could go to learn about the Law of Armed Conflict (LOAC or IHL).  It was my hope to create a place where you could find (1) basic information that facilitates an understanding of the LOAC, (2) links to other online LOAC resources, (3) current news concerning the LOAC, and (4) some commentary on the LOAC-related current events and news.

So, in keeping with No. 2 above, I must post an article that I found this morning:

Continue reading

Red Cross Rules Syria is in Civil War

by Jessica Poarch

The following excerpt/quote is from an article that appeared in the TheGuardian.com on July 15, 2012 titled: Bashar al-Assad cold face prosecution as Red Cross rules Syria is in civil war – Declaration signals that Geneva-based organisation regards all civilians and detainees as protected under international law

“The ICRC ruling marks a significant moment in the Syrian uprising, which during the past year has changed from a series of anti-regime protests into a full-blown insurrection. It had previously said that localised states of civil war existed in Homs, Hama and Idlib. The ICRC is considered to be a guardian of the Geneva convention, which prescribes the rules of warfare. The declaration signals that the Geneva-based organisation regards all civilians and detainees as protected under international law.

Alexis Heeb, an ICRC spokesman in Geneva, said: “Now there are many places in Syria that fulfil requirements to be a called a non-international armed conflict, and the situation is fluid and constantly evolving.

‘What matters is that humanitarian law applies across the country, and that means civilians and those no longer taking part in the conflict are protected.’

Read the full story HERE  [http://www.guardian.co.uk/world/2012/jul/15/syria-civil-war-red-cross?cid=nlc-dailybrief-daily_news_brief-link4-20120716]

Continue reading