Inside the Syrian War and its Legal Ramifications (Excerpt 2)

Another major benefit for humanity of judicially challenging without further delay these immoral and illegal economic sanctions will be to build on current civilian protections during war and actually create new binding international law on this subject, such that future use of economic sanctions targeting civilian welfare would allow for the prosecution of governments who engage in this behavior.

Syrian lawyers, perhaps cooperating with an international team, challenging these civilian targeting sanctions could find domestic and international tribunals with jurisdiction to hear and decide the cases. International legal remedies are available that should be employed to bring relief to them. One is to bring an Application for an Advisory Opinion with the International Court of Justice (ICJ) in The Hague. This is currently being researched by seasoned international lawyers and academics, at various Western and international law centers. Efforts include drafting amicus curie briefs on the issue of the legality of the US-led sanctions to be submitted to the ICJ and plans for securing the widest possible political support for challenging the US-led sanctions from among Non-Aligned Movement countries, international peace groups, NGO's, pro-peace websites, bloggers, social media and online activists. They also include efforts to organize a skilled media center to disseminate information about the case including quickly publishing, in paperback book form, one of the key Annexes to be submitted to the ICJ upon filing the Application. This volume could present Syrian government and international NGO reports on the inhumane effects of the US led sanctions in all their aspects, including but not limited to children, the elderly and the infirm, plus the effects of the US-led sanctions on the Syrian economy generally: i.e., consumer goods, medical delivery systems, financial institutions, currency values and related aspects of the lives of the civilian population of Syria.

Some have suggested there may be potential jurisdictional problems given that Syria has not yet accepted the Article 36 Compulsory Jurisdiction of the ICJ, as provided in the Statute of the Court, but they can be overcome. As a general rule, an Advisory Opinion requires only a simple majority affirmative vote by the UN General Assembly or an application by one of the designated UN Specialized Agencies. It might be a tough job to secure the former, but it is doable with the latter. Moreover, should Syria accept the compulsory jurisdiction of the ICJ, it could quickly resolve the issue of sanctions by claiming a legal dispute with one or more states that also accept the principle of compulsory jurisdiction and are supporters of sanctions: for example, the UK, France and their NATO and Gulf allies.

Under the ICJ Statute, the Court must decide cases solely in accordance with international law. Hence the ICJ must apply: (1) any international conventions and treaties; (2) international custom; (3) general principles recognized as law by civilized nations; and (4) judicial decisions and the teachings of highly qualified publicists of the various nations. From this body of international law the International Court of Justice would find ample basis to support Syria's claims not only for the benefit of its civilian population but also to advance the rule of law in the global community.

Were Syria and others, to take the illegal and immoral US-led sanctions case to the World Court and other available venues, they would shift their diplomatic position from a defensive status to taking the offense. Such a bold initiative would advance accountability under international law and, because the ICJ would likely grant a Petition for Interim Measures of Protection, the US-led sanctions could be suspended during the course of the judicial proceedings. Without doubt this lifting/freezing of the sanctions would immediately and directly serve the Syrian civilian population, including the half-million Palestinian refugees in Syria as well as thousands of refugees from Iraq.

According to several international lawyers I surveyed recently, Syria clearly has the facts of the US sanctions case in its favor and will benefit from solid legal theories in arguing the case before the ICJ. If it agrees, the ICJ could issue restraining orders to prevent any type of blockade or no-fly zones in Syria, compel immediate cessation of economic sanctions against Syria and effectively halt US efforts to secure more sanctions against Syria by the United Nations Security Council. The Restraining Orders, under the umbrella of Interim Measures of Protection, would presumably also seek to prohibit the US and its allies from the Persian Gulf region and elsewhere from advocating and supporting aggressive military actions against Syria (which has included supplying funding, weapons, and jihadists that perpetuate the war, as well as Western "Special Forces" currently pouring into Syria from its northern border with Turkey) and compel them instead to negotiate with the Syrian government in good faith to end the current crisis.

In addition to the ICJ, a wide variety of actors--international courts, international tribunals ,ad hoc tribunals and UN-assisted tribunals with varying degrees of relation to the United Nations, as well as UN Member States concerned about the US led economic sanctions scheme targeting the civilian population of Syria--could challenge US-led sanctions judicially. As noted above, one such actor could be the US Federal Court Syrian, through a class action lawsuit brought on behalf of Syrian-Americans residing in the United States and abroad. When filed in US Federal Court, the Syrian Lawyers Syndicate and her partners can and presumably will immediately file a motion for interim relief of behalf of American-Syrian clients, urging the Court to order the lifting of all sanctions until it renders a decision on the merits of the Syrian people's case. For example, the legal team could argue to the respective legal authority that tightening U.S. sanctions against Syria in order to achieve regime change is increasingly hitting vulnerable medical patients, as deliveries of medicine and raw materials for damaged pharmaceutical companies are either stopped or delayed, according to medical experts. The various European Court's rulings on sanctions over the past few years could also provide detailed support in such a case. The Court's recent rulings should be backed up with evidence, including government data as available, surveys of sources such as owners of supermarkets and commercial suppliers of fuel and auto parts, as well as interviews with medical patients and hospital staff.

Through such measures, the Syrian legal community in cooperation with its Lawyers Syndicate and to its eternal humanitarian credit could achieve lifesaving relief for Syria's targeted civilian population and immediately give them hope of some justice. Challenging these criminal sanctions without further delay can achieve an historic advance in international humanitarian law which will greatly benefit mankind.

Next Page  1  |  2  |  3  |  4

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).