SHARES blog
12 September 2013
Cross posted on the website of the ESIL Interest Group on Migration and Refugee Law
With breath bated, the world has been waiting to see what will happen next in Syria. On Tuesday 10 September 2013, President Barack Obama said he would pursue a Russian proposal which has “the potential to remove the threat of chemical weapons without the use of force”. It’s too early to tell whether this diplomatic attempt will succeed, so in the meantime, the option of military action remains on the table. Without a Security Council mandate, any form of military engagement in Syria would violate international law on the use of force. And yet, this may not stop the United States and its allies from moving forward with military intervention. It is all but clear whether intervening will improve matters on the ground. In fact, it could easily make things worse, but that doesn’t seem to matter. What matters is that “we need to do something”. (more…)
7 September 2013
On 6 September 2013, the Dutch Supreme Court confirmed that the Netherlands was responsible in relation to the death of three Bosnians in Srebrenica. Finding no ground for cassation, it upheld the 2011 decisions of the Court of Appeal of The Hague, concluding the last stage of proceedings in the important cases of Nuhanović and Mustafić. These cases are remarkable in that a remedy is finally provided to some victims, but also because they comport a number of important findings for the debate on the shared responsibility of States and international organizations for the conduct of peacekeepers. Notably, the Supreme Court unequivocally recognizes the possibility of multiple attribution, notably under the test of effective control (para 3.11.2). (more…)
2 September 2013
Cross posted on Opinio Juris
States that have decided to potentially engage in military strikes against Syria, or to support such strikes, face a difficult choice between two options: do they operate outside the international legal framework when they act, or do they use the strikes as part of an attempt to reconstruct the law on the use of force?
There is no doubt that in the present situation, military strikes against Syria would be in violation of international law as it has been understood since 1945. In situations as we face now, in the absence of a Security Council mandate, international law allows no unilateral use of force. Building a coalition outside the United Nations does not help. Qualifying strikes as punishment does not help either. (more…)
15 August 2013
This is our News Items Overview of 16 July-15 August 2013, a summary of recent news relating to shared responsibility. (more…)
23 July 2013
On Thursday evening 13 June 2013, the third SHARES Debate entitled The Israeli occupation of the Palestinian Territories: is there a responsibility for the Netherlands? was held in Amsterdam. This blog post will highlight parts of the debate.
Background
The continuing Israeli occupation of the West Bank, the Gaza Strip and East-Jerusalem, and the expansion of settlements raise the question as to what the responsibility is of other states. Due to the asymmetry of this conflict, it would appear that it can only be resolved through the intervention of third parties.
This SHARES debate addressed the role of third states in general, and the Netherlands in particular. The focus on the Netherlands was justified not only because the Netherlands attaches great importance to the promotion of the international rule of law, but also because it maintains close relations with both Israel and the Palestinian Authority. (more…)