Autore:
Colacino, Nicola Titolo:
"Valzer con Bashar": limiti e abusi del diritto internazionale tra crisi siriana e lotta al terrorismoPeriodico:
Ordine internazionale e diritti umaniAnno:
2015 - Fascicolo:
5 - Pagina iniziale:
888 - Pagina finale:
900«WALTZ WITH BASHAR»: LIMITS AND ABUSES OF INTERNATIONAL LAW AT THE
INTERSECTION BETWEEN THE SYRIAN CRISIS AND THE FIGHT AGAINST TERRORISM
After almost five years of fighting, with more than 200.000 victims and four millions
refugees, the Syrian conflict is rightly considered the symbol of the failure of the
international diplomacy before the gravest humanitarian crisis of recent years and of the
incapability of the international community (and, on its behalf, of the United Nations) to
find – at least so far – a generally agreed solution to allow the restoration of a situation of
stability and lasting peace in the country. The uncertainty on the political fate of the Syrian
government and, conversely, the gradual strengthening of Isis position within the
conquered territories, have further complicated the crisis scenario, characterized by its
apparent vagueness which results in an objective difficulty of appreciation on the basis of
the relevant international rules. It is in this perspective that the double reference to the
«abuses» and the «limits» of International Law must be understood: the paper aims to
highlight how, on the one side, the legal argument of the «self-defence against terrorism» is
too narrow to justify, short of a formal authorization of UN Security Council, an armed
intervention of foreign States in the Syrian territory without the consent of the local
government and, on the other side, the international legal system is inadequate to ensure
the protection of collective values in certain circumstances, not so much because of the
lack of cooperation by the States, but for its «intimate structure». Eventually, the Syrian
conflict is a convincing test to determine whether the international legal order presents a
sufficiently stable structure, regardless of the actual compliance with its rules by the States.
Its outcome, however, appears to be negative, provided that the UNSC res. 2249/2015,
while suggesting a «return to Westphalia», implicitly denies the monopoly of SC regarding
the legitimate use of armed force, in order to not interfere with the system of alliances
currently in place among its permanent members and local actors involved in the conflict.
SICI: 2284-3531(2015)5<888:"CBLEA>2.0.ZU;2-E
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