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1. Court of Justice of the EU Ruling on Products from Territories Occupied by Israel

Author:
Michał Wojnarowicz and Szymon Zaręba
Publication Date:
01-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
Topic:
International Law, Territorial Disputes, European Union, Occupation, Judiciary, and Trade
Political Geography:
Europe, Middle East, Israel, Palestine, North America, United States of America, West Bank, and Golan Heights

2. The Syrian Safe Zone and International Law

Author:
Bríd Ní Ghráinne
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Institute of International Relations Prague
Abstract:
On Wednesday 9 October 2019, Turkey launched a cross-border operation in Northern Syria. Turkey justified its actions as a response to an ‘imminent terrorist threat’ from Kurdish-led forces. Its operation was directed at pushing back these groups from its border and creating a ‘safe zone’ in Syria where up to two million Syrian refugees can be resettled. This reflection aims to assess whether the Turkish operation to establish the safe zone was lawful; and whether the resettlement of Syrian refugees in the safe zone is in conformity with international law.
Topic:
Human Rights, International Law, Refugees, Syrian War, and Humanitarian Crisis
Political Geography:
Turkey, Middle East, and Syria

3. The Role of International Seabed Authority with Respect to the Administration of Mineral Resources

Author:
Şûle Anlar Güneş
Publication Date:
03-2020
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Deep ocean floor called as Area is considered as Common Heritage of Mankind (CHM) and the mining activities are managed by International Seabed Authority (ISA). In this article, firstly, the significance of the CHM concept with respect to decolonised states and its impact on law of the sea is elaborated. Secondly, the mandate of ISA which assumed responsibility for the translation of the CHM concept into practice is examined. Every state can take part in mining activities in the Area as a ‘sponsor state’ but the lack of precision with respect to responsibility limits have a deterrent effect over the states that are disadvantaged technically and financially. Considering the negative impact of this issue over the CHM concept the Advisory Opinion of the International Tribunal for Law of the Sea that was given in 2011 is examined.
Topic:
International Law, United Nations, Natural Resources, Law of the Sea, Maritime, and Mining
Political Geography:
Turkey, Middle East, and Global Focus

4. Pandora’s Box in Syria: Anticipating negative externalities of a re-entrenching regime

Author:
Samar Batrawi
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
During 2019, the original Syrian conflict entered its closing phases, except for the battlefields of Idlib and in the north east. As a result, conflict dynamics have become somewhat easier to read, as the regime and its key allies have shifted towards a triumphalist ‘post-war’ narrative and corresponding governance styles, deal-making and decision-making. These developments can be witnessed in three interlinked spheres: security, civil, and political economic practices. Together, they largely form the Assad regime’s political economy, which – although poorly understood due to limited access – is crucial to understand to assess the negative externalities likely to result from its wartime survival and re-entrenchment. The paper analyses six such externalities: 1. risk of conflict relapse due to economic pressures 2. the politics of refugees 3. risks and instrumentalisation of terrorism 4. regional instability 5. humanitarian culpability 6. deterioration of the international legal order. These externalities are interconnected and emerge from the political economy of the regime – the accumulation of its security, civil and political economic practices. Their nature and volume suggest that the Syrian civil war will plague its neighbors, as well as Europe, for a long time to come. These externalities also focus our attention on the fact that adequate containment strategies should be designed as a matter of urgency, to limit their negative impact.
Topic:
Security, International Law, Political Economy, Terrorism, Refugees, Conflict, Syrian War, and Bashar al-Assad
Political Geography:
Middle East, Syria, and Idlib

5. Building on Quicksand: Pursuing Transitional Justice in Times of Great Upheaval

Author:
Nadim Houry
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Anyone who cares about transitional justice in the Middle East and North Africa (MENA) faces a daunting task. How to address the past when the present is in great upheaval? How to tackle yesterday’s wars and violations when new ones—often worse—are occurring today? Practitioners have long recognized that transitional justice is a slow and nonlinear process that requires patience and long-term planning. Setbacks are expected along the way but, in the end, there is the promise or assumption that “if you keep at it, you will eventually get results.” But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. The challenges are immense and there are no easy answers. Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. Two fundamental questions emerge: (i) how to reconcile past and current claims; and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
Topic:
International Law, Transitional Justice, State Building, and Humanitarian Crisis
Political Geography:
Africa and Middle East

6. How a UN Board of Inquiry Failed to Address the Real Problem in Syria

Author:
Jahaan Pittalwala
Publication Date:
04-2020
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Since April 2019 Syrian government and Russian forces have carried out a brutal offensive in northwest Syria, resulting in the deaths of over 1,500 civilians. As the bombings intensified in mid 2019, international outrage grew as airstrikes regularly hit health facilities, schools, displacement centers and other civilian objects, including those on a “deconfliction” list established by the UN to help facilitate their protection. Any joint action by the UN Security Council (UNSC) in response to these attacks was actively blocked by China and Russia, the latter of which was directly involved in the military offensive. Amidst frustration that perpetrators were being systematically shielded from accountability, and faced with few other diplomatic options, ten members of the UNSC issued a démarche to the UN Secretary-General requesting an investigation into attacks on civilian objects.
Topic:
International Law, United Nations, Responsibility to Protect (R2P), UN Security Council, and Atrocities
Political Geography:
Russia, Middle East, Syria, and Global Focus

7. A Decisive Vote for Humanitarian Support in Syria

Author:
Dana Stroul and Charles Thépaut
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Renewing the UN cross-border mechanism is crucial to helping millions of needy Syrian civilians, preventing Russia and Assad from weaponizing aid deliveries, and safeguarding future international assistance efforts. On December 19, the UN Security Council is expected to vote on the renewal of Resolution 2449, which authorizes the delivery of cross-border humanitarian aid to Syrians without the Assad regime’s permission. The outcome will determine whether the regime is allowed to approve and entirely control who receives UN aid, and in what areas of the country it is available. If the resolution is not renewed, aid delivery will become yet another tool for shifting the war’s trajectory in President Bashar al-Assad’s favor, with dire implications for civilians living in areas not under regime control. The recent Security Council debate over the resolution reflects broader developments inside Syria. Russia has coordinated with China to argue that current battlefield trends are in the regime’s favor, attempting to use the aid debate as a means of coercing political recognition of Assad. Others have proposed adding a fifth crossing along the northern border at Tal Abyad to address the increased needs of Syrian civilians trapped in the latest Turkish military operation. UN Security-General Antonio Guterres has recalled how essential the mechanism is to reaching people in need.
Topic:
Foreign Policy, Humanitarian Aid, International Law, United Nations, and Syrian War
Political Geography:
Middle East, United Nations, Syria, and United States of America

8. Fighting the Demonization of Israel at the International Criminal Court

Author:
Eytan Gilboa
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC) at the Hague, has decided to indict senior Israeli policymakers and military officers for committing war crimes in the West Bank and Gaza. Her decision is baseless, preposterous, and discriminatory, and it violates the ICC’s own mission and rules. Bensouda’s action should be placed within the wider context of the Palestinian disinformation, delegitimization, and demonization campaign against Israel at international organizations. Israel should discredit and delegitimize the ICC in turn via aggressive political measures and collaboration with concerned liberal democracies, primarily the US.
Topic:
Human Rights, International Law, Justice, and International Criminal Court (ICC)
Political Geography:
Middle East, Israel, Palestine, Gaza, and West Bank

9. Reassessment of Turkey’s Objections to the Exclusion of Terrorism from the Rome Statute

Author:
Kurtuluş
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Criminal justice response to terrorism and to the support for terrorism is still a hot topic in Turkey due to ongoing American military support for the PYD, which is Syrian wing of the internationally designated terrorist organization PKK whose indiscriminate attacks in Turkey has claimed lives of thousands of civilians. This article first discusses, in light of recent developments, whether exclusion of a separate crime of terrorism from the Rome Statute of the International Criminal Court can be a valid argument against Turkey’s accession to it. After discovering some of the possible contributions of Turkey’s Rome Statute accession to its decades-long struggle against terrorism, this study concludes that Turkey’s all other concerns regarding the accession should be periodically reevaluated.
Topic:
International Law, Terrorism, International Criminal Court (ICC), and Rome Statute
Political Geography:
Turkey, Middle East, and Mediterranean

10. R2P and Outcomes of the Human Rights Council’s 40th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 40th regular session of the Human Rights Council (HRC) was held in Geneva between 25 February and 22 March 2019. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 40th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered a statement on behalf of members of the Group of Friends of R2P.
Topic:
International Law, State Violence, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Middle East, Israel, North Korea, Palestine, United Nations, Nicaragua, Syria, Myanmar, South Sudan, and Global Focus