Syria

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Repatriating the Children of Foreign Terrorist Fighters and the Extraterritorial Application of Human Rights

UPDATE: The CRC admissibility decision referred to in the post is no longer publicly available via ODS. I am unsure as to why that’s the case. Readers can find it here. Now that we have all (sort of) recovered from the US elections, back to our regular programming: last week the UN Committee on the Rights of the Child published its views in a major case (L.H. et al v. France, communications No.79/2019 and No. 109/2019, CRC/C/85/D/79/2019–CRC/C/85/D/109/2019), finding that France (and, accordingly, other similarly situated states) had jurisdiction over children in Kurdish-controlled camps in Syria who are French nationals, and are there because of their parents’ involvement with ISIS. The upshot of the (unanimous) decision is that states of nationality have the positive obligation to protect the human rights of child nationals in the Syrian camps, despite the fact that these camps are under the control of a non-state armed group. And while the decision was nominally on the jurisdictional issue only, it is inevitable that the Committee will…

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United in What? Some reflections on the Security Council’s sovereignty rhetoric in the latest Syria resolutions

The Security Council’s (SC) decision-making process on the renewal of humanitarian assistance for Syria caused a lot of unease amongst observers of the situation. Only a day after the previous aid program had expired, could a new agreement on the delivery of humanitarian aid to the Syrian people be reached. While the debates leading up to the…

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The First Report of the OPCW’s Investigation and Identification Team on Syria

In April 2020, the Investigation and Identification Team (IIT) formed by the Director General of the Organisation for Prevention of Chemical Weapons (OPCW) to identify the perpetrators of the use of chemical weapons in the Syrian Arab Republic released its First Report (First IIT Report). The IIT was established pursuant to a decision of the Conference…

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New EJIL: Live! Interview with Dr Michelle Burgis-Kasthala

In this episode of EJIL: Live! Professor Joseph Weiler speaks with Dr Michelle Burgis-Kasthala, Lecturer in Public International Law at the University of Edinburgh Law School, about her article “Entrepreneurial Justice: Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice”, which appears in our 30:4 issue. In the article, Dr Burgis-Kasthala evaluates…

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Is Security Council Authorisation Really Necessary to Allow Cross-Border Humanitarian Assistance in Syria?

  In December last year, Russia and China vetoed a draft Security Council resolution that would have renewed the authorisation for humanitarian assistance to be provided in Syria via four designated border-crossings. The authorisation had been in place since Resolution 2165 (2014), and had enabled the provision of humanitarian assistance to more than…

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