On the [il]legality of a military intervention in Syria

Since reports started coming out that the Syrian army was using chemical weapons, it’s becoming increasingly likely that there will be some kind of military intervention in Syria by the US, with support from the UK and France, maybe as soon as tomorrow (Thursday). For some background on the alleged chemical attacks and the on-going situation, the BBC has a good overview here. There is also a very useful article outlining military options.

I won’t reiterate what is being said very eloquently elsewhere, so instead, here’s a round-up of various analyses of the legality (or illegality) of a potential military/humanitarian intervention in Syria by the US, the UK and/or France, without UN Security Council approval.

The Legality of a Syrian Military Intervention: Russia, France, and the UK Weigh In” – post by Julian Ku on Opinio Juris

It sounds like the UK and France are both going to need to come up with some international law theory to justify their support for an attack, and the UK seems interested in the “humanitarian intervention” justification.  If the U.S. goes along with this, it would be interesting to see if the “invisible college of international lawyers” will endorse this legal theory.

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France’s UPR (Part II)

A few days ago, I blogged (here) about France’s Universal Periodic Review (UPR), which took place on the 21st, and the implications for and insight into its foreign relations. The unedited, draft report from that UPR is now available publically here. France has until the 23rd Session of the Human Rights Council in June 2013 to provide responses, which will make for a much more interesting analysis, but in the meantime, here’s a few highlights and initial thoughts.

During the “interactive dialogue” portion of the UPR, 84 states made statements, which are summarized in the draft report. The draft report also includes 165 recommendations. Although a lot of the recommendations repeat each other, it’s quite insightful to see which issues are most commented upon, as well as which countries care about which issues. Building on the last post I wrote on this topic, I’ve focused on the recommendations related to discrimination, minority rights and religious freedom below.

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