The US, France and the UK, as well as their allies, have violated the UN Charter by their imposition of severe economic sanctions and threats of military force. The United States, Israel, and some of their allies, regularly threaten Damascus with the "option" of a military strike. The ICJ has ruled previously that "A threat or use of force is contrary to Article 2, paragraph 4, of the UN Charter and fails to meet all the requirements of Article 51, is therefore unlawful". It has further ruled that "A threat of use of force must be compatible with the requirements of the international law applicable in armed conflict, particularly those of the principles and rules of humanitarian law, as well as with specific obligations under treaties and other undertakings which expressly deal with threats to members of the United Nations."
Moreover, unilateral US sanctions, without the imprimatur of the United Nations are blatantly illegal under International Law because they are in fact multilateral and impose penalties on any country which opposes the sanctions or does not choose to participate in them;
The US led sanctions amount to an Act of War given their effects including hardships on the general public and that Syria therefore has a legal right to Self-Defense.
The US led sanctions, given their design and intent, constitute acts of aggression against Syria in violation of Article 2 (4) of the UN charter.
The indisputable facts of the US led sanctions case warrant the imposition by the ICJ of Restraining Orders designed to prevent any type of blockade or no-fly zones in Syria and the immediate cessation of the imposition of further economic sanctions against Syria, and also their efforts of securing more sanctions against Syria at the United Nations Security Council. The Restraining Orders, under the umbrella of Interim Measures of Protection, would presumably also seek to prohibit the US and its allies from the Persian Gulf region and elsewhere, from advocating aggressive military actions against Syria, including supplying funding, weapons, and jihadists, as well as Western "Special Forces" currently pouring into Syria from its northern border with Turkey and to negotiate with the Syrian government in good faith to end the current crisis.
Syria can legitimately claim, and would presumably argue at the ICJ and other international forums that the bi-lateral or multilateral economic sanctions, led by the US and its Gulf allies, Qatar and Saudi Arabia, are illegal, indeed criminal due to their assault on international humanitarian law and required state practice.
Syria could successfully argue, according to a recent survey of international lawyers conducted in Brussels and The Hague, as well as within Syria's Maison d'Avocats, that the US led sanctions violate the international law principle of Non-intervention in the internal affairs of UN member states and that the stewards of these sanctions could themselves be subject to international sanctions plus compensatory and punitive damages for the benefit of their victims.
In summary, as Germany's Green Party, and increasingly, legal scholars and human rights organizations generally are insisting, sanctions against Syria's civilian population fundamentally violate international law.
Should NATO sets up a no-fly zone and were to launch airstrikes against Damascus, it can and should immediately be sued at The Hague and if the situation deteriorates NATO can and should be held to account for targeting Alawites and Christians on the basis of the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide. All participating countries, 142 to date, are obliged to prevent and punish actions of genocide in war and in peacetime. Article 2 of the Convention defines genocide as any of the following acts committed with intent to destroy, in whole or in part, elements of a national, ethnic, racial, or religious group including killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
Despite Syria's strong case on both the facts and the law, and the diversity in structure and composition of the International Court of Justice, the International Tribunal has a few times over the years been criticized for favoring established powers. Under articles 3 and 9 of the ICJ Statute, the judges on the ICJ should represent "the main forms of civilization and principal legal systems of the world." This definition suggests that the ICJ does not represent the interests of developing countries. Nevertheless, the World Courts record has been by and large exemplary in applying principles, standards and rules of international law both in contested cases and advisory opinions and Syria has an excellent opportunity to protect its citizens, thwart US and Israeli designs on the region, and advance international accountability -- all to the inestimable benefit of all people and nations.
Syria, which the US and Israel and their allies are today working to keep off balance and on the defensive diplomatically, should consider immediately filing an application with the International Court of Justice, and use all other available international legal, political and humanitarian tribunals, to directly challenge and boldly confront the US led sanctions campaign against its people. The Syrian Arab Republic, by taking the offensive at the World Court and elsewhere, will help relieve the enormous pressures on its civilians and advance the principles, standards and rules of international law--for the benefit of all mankind.
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