2018年-查塔姆研究所_The_Legal_Classification_of_the_Armed_Conflicts_in_Syria_Yemen_and_Libya_43页_643kb

Legal Classification of Armed Conflicts in Syria, Yemen and Libya (2014)

Core Content

This document, authored by Louise Animatsu and Mohbuba Choudhury for Chatham House, provides an analysis of the legal classification of armed conflicts in Syria, Yemen, and Libya during the period 2010–2013. It is based on a workshop held in March 2013, where legal experts and country experts discussed the application of international law to these situations. The paper outlines the legal framework and presents key findings from the case studies, particularly focusing on Syria.

Legal Framework

1. Law of Armed Conflict (LOAC) vs. International Human Rights Law (IHRL)

• The applicability of LOAC depends on the existence of an armed conflict, while IHRL governs situations that do not meet this threshold.
• International Armed Conflict (IAC) occurs between two or more states.
• Non-International Armed Conflict (NIAC) involves state forces and non-state armed groups (OAGs) or conflicts between OAGs.

2. Criteria for Classification

• Intensity threshold: A level of violence that is protracted and systematic, involving sustained military operations.
• Organizational element: Non-state actors must be organized and capable of mounting attacks, but do not need to be a conventional military unit.
• Control by a state: If a non-state group is controlled by a state, the conflict may be classified as an internationalized NIAC.
• Internalization of IAC: A state may lose its IAC status if the conflict is internally controlled by a new regime, with or without international recognition.

Key Legal Questions

• What constitutes an armed conflict in the legal sense?
• How do intensity and organization of non-state actors influence the classification?
• Can an internationalized NIAC be recognized under international law?
• What is the legal status of armed groups in Syria, Yemen and Libya?
• How does international recognition affect the classification of conflicts?

Syria Case Study

1. Background and Timeline

• The conflict in Syria began with peaceful protests in March 2011, initially focused on political reform rather than regime change.
• The government responded with heavy-handed tactics, including live ammunition, arrests, and torture, leading to widespread violence and repression.
• By mid-2011, military operations escalated, with towns like Dar’a under siege and several hundred civilians killed.
• The Arab League and UN Security Council issued statements and resolutions condemning the violence, including Resolution 2042 authorizing the UN Supervision Mission (UNSMIS).

2. Armed Opposition

• A small number of military and security personnel defected to form the Free Syrian Army (FSA) in July 2011.
• The FSA lacked a formal command structure and had limited military coordination.
• Local military councils were established in areas like Homs and Idlib, with limited control over the armed groups.
• The FSA leadership in Turkey did not have operational control over the groups on the ground.
• Opposition groups often operated under Sharia law and did not adhere to LOAC.

3. Legal Status and Challenges

• The intensity of violence and government repression led to the classification of the conflict as a non-international armed conflict (NIAC).
• However, the involvement of external actors (e.g., support for opposition groups) raises questions about whether it becomes an international conflict.
• The number of casualties remains contested, with estimates ranging from 1,000 to 20,000.
• The number of displaced persons increased significantly, with over 1.5 million internally displaced and 670,000 refugees by 2012.

Yemen and Libya

• The workshop also examined Yemen and Libya, but the document primarily focuses on Syria.
• In Libya, the conflict involved external intervention by international actors, which may have internationalized the conflict.
• In Yemen, the conflict involved armed groups and government forces, raising questions about the applicability of LOAC and the legitimacy of the government.

Conclusion

• The legal classification of conflicts in Syria, Yemen, and Libya remains complex and contested.
• The intensity and organization of armed groups, as well as state involvement, are critical in determining the applicability of LOAC.
• The workshop highlighted the need for further legal analysis and clarification of the standards used to classify armed conflicts.
• Country experts played a vital role in providing ground-level insights to legal practitioners, helping to identify and correct misconceptions.

Summary of Legal Findings

• LOAC applies to armed conflicts, while IHRL governs non-armed situations.
• IAC requires state involvement, whereas NIAC involves state and non-state actors.
• The intensity threshold is context-dependent and not clearly defined.
• Organized non-state armed groups must be capable of sustained military operations.
• External support can internationalize a NIAC.
• Government legitimacy and international recognition are key factors in determining the legal status of a conflict.

Key Takeaways

• The legal classification of conflicts is crucial for applying the correct legal standards.
• Syria has evolved from non-violent protests to armed conflict, with government forces and opposition groups both engaging in systematic violence.
• The FSA lacks a centralized command structure and operational control, complicating the legal analysis.
• International law remains uncertain in classifying conflicts in Syria, Yemen and Libya, due to the complexity and evolving nature of the situations.