sattar azizi; Mohsen Akbari
Abstract
Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey ...
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Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey is examined in the light of international law. The main question of this study is that under what conditions, the safe zone is acceptable in international law. Given the fact that the Syrian central government was opposed to the Turkish military invasion and the creation of the zone, and that there was even military conflict between the parties, and regarding the lack of authorization of the Security Council to establish a safe zone in Syria, Turkish military invasion and establishing such a safe zone was contrary to Article 4(2) of the United Nations Charter. On the other hand, Turkey's attempt to resettle Syrian refugees in the claimed safe zone, displaced from other parts of Syria, is being done to the detriment of the Kurdish population of Northeast Syria, and is in violation of international human rights and International criminal law.
seyyed bagher mirabbassi; aghil mohammadi
Abstract
The responsibility to protect doctrine (R2P) was developed in 2001 in response to the failing of the international system to major violations of human rights in territories, such as Rwanda, Bosnia and Kosovo. The R2P, which is trying to redefine the concept of national sovereignty and function of governments ...
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The responsibility to protect doctrine (R2P) was developed in 2001 in response to the failing of the international system to major violations of human rights in territories, such as Rwanda, Bosnia and Kosovo. The R2P, which is trying to redefine the concept of national sovereignty and function of governments in the form of "sovereignty as responsibility" and makes a new conceptual framework for responding to violent behaviors, could rapidly find special place in the international debates. But, gradually and simultaneously with the occurrence of new humanity disasters, especially what happened in Libya and Syria, it became clear that in spite of having conceptual Ambiguities and complexities, is also faced with many operational challenges that The ambiguity of consensus of countries to convert this idea into an international rule, the disagreements over the examples in which the R2P can be used and justification of state for intervention by the R2P, are the most important ones. This article studies aspects of application of the R2P in Libya and Syria and aforementioned challenges. At the end, it induces that regarding to the R2P theoretical and practical weaknesses, imagination of a bright outlook for its success in the future is difficult.
