Tuesday, July 12, 2011

Great Regulars: The situation in Syria seems to have reached

a critical turning point. There is a possibility that popular protests continue as they have since mid-March and that they continue to be met by military and police violence in violation of the spirit and letter of humanitarian international law. The Syrian army and militias have responded to unarmed nonviolent demonstrations with disproportionate force. Humanitarian international law has as its base the Martens Clause named after the legal advisor of the Russian Czar at the time of the Hague Peace Conferences. The clause is included in the Preamble to the 1899 Hague Convention. It is taken up again in Article 3, common to the four Geneva Conventions of August 12, 1949. The Martens Clause states that "the means that can be used to injure an enemy are not unlimited" but must meet the test of 'proportionality' meaning that every resort to armed force be limited to what is necessary for meeting military objectives. The shooting of unarmed demonstrators does not meet the test of proportionality.

from René Wadlow: Peace and Collaborative Development Network: Syria: Reforms and Mediation

~~~~~~~~~~~

No comments :