Group items tagged

The debate over when and under what conditions it is legitimate for outside actors to intervene militarily in the internal affairs of countries deemed to be abusing their own populations -- a global argument that, for better or worse, culminated in the adoption of the doctrine of the so-called Responsibility to Protect (R2P) --- has revolved around legally binding definitions as much, if not more, than about moral sentiments

the designation of the conflict as a civil war broadens the categories under which both sides can be prosecuted for war crimes under international humanitarian law, since while prosecutions for crimes against humanity can take place whatever the nature of the conflict, the broader category of war crimes can be applied only when a state of war has been found to exist.

technically the ICRC's judgment applies to regime and insurgency alike, but in practice its weight is likely to fall most heavily on the government side, not least because the opposition has a "friend in court" in the United States, France, Turkey, Saudi Arabia, and Qatar.

As the Libyan case shows, the International Criminal Court is far more likely to prosecute those its powerful members oppose (or, indeed, have overthrown) than those they have supported diplomatically, economically, and militarily. And anyone who does not think the law is as much shaped by political pressure as statute -- whether it is the U.S. Supreme Court judgment on the Affordable Care Act, the German Constitutional Court's current consideration of the legality of Germany's participation in various European financial bailout mechanisms, or the decisions at The Hague of whom to indict and to whom to give a pass -- has probably not been paying attention. With the exception of Russia and Iran, the major world powers as well as important elements of the U.N. Secretariat have either explicitly or implicitly come out for the rebels, and designating what is now taking place (whether or not the ICRC intended to do so) as "civil war" establishes a moral and institutional equivalence between the government and the insurgents that serves to partly legitimize the rebellion and delegitimize the Assad regime.

history is not a morality play