Wednesday, June 26, 2013
Crisis in Syria
I. Background to the crisis in Syria
Protests asking for the release of political prisoners began mid-March 2011 and were immediately met by Syrian security forces who at first detained and attacked protestors with batons, and later opened gunfire, and deployed tanks and naval ships against civilians. Syrian President Bashar al-Assad refused to halt the violence and implement meaningful reforms demanded by protestors such as the lifting of emergency law, broader political representation and a freer media. Assad continued to deny responsibility for the attacks on protestors, placing the blame for the violence on armed groups and foreign conspirators instead. On 16 February President Assad called for a referendum to be held on 26 February that would end single party rule in Syria; however governments, such as the United States, analysts, and members of the opposition expressed reluctance that the promise of political reform would be upheld, and noted that conducting a referendum during such a crisis was not a necessary course of action to end the violence.
As the conflict wore on, demands grew more splintered and protestors began to organize. One of the main opposition groups, the Syrian National Council (SNC), is an umbrella organization that was formed by activists in Istanbul on 24 August. The SNC has received economic support from Turkey, who hosts an SNC office. The organization also met with the United Kingdom and United States. The SNC called for the Syrian government to be overthrown by a united opposition, rejected dialogue with Assad, and, though officially against military intervention, requested international protection of the population. In contrast, another main group, the National Co-ordination Committee (NCC) advocated for dialogue with the government, believing that toppling the Assad regime would lead to further chaos. On 31 December, these two groups signed an agreement to unite against the government. Another group, the Free Syrian Army, comprised of an estimated 15,000 defected Syrian soldiers, executed retaliatory attacks against Syrian forces.
UN High Commission for Human Rights Navi Pillay marked the death toll at more than 5,000 when she briefed the UN Security Council in early December. Between 26 December 2011, when independent monitors mandated by the Arab League arrived in Syria, and 10 January 2012, there were at least 400 deaths, according to UN Under-Secretary-General for Political Affairs B. Lynne Pascoe. Though the death toll continued to increase with the ongoing violence in the months following, the UN stopped releasing estimates in January 2012 given the growing difficulty to verify casualties.
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Crisis in Syria
I. Background to the crisis in Syria
II. Crimes against humanity perpetrated by Syrian government
a. Syrian government use of excessive force against protestors
b. Access denied to monitoring and humanitarian groups
III. Responses to the Syrian crackdown on protesters
a. Regional response
b. Response from the United Nations
c. Individual government responses
d. Response from Civil Society
Massive human rights violations in Syria have been committed as Syrian security forces have responded to protestors with extreme violence, resulting in an estimated death toll of over 5,400, according to the UN. Evidence of systematic acts of brutality, including torture and arbitrary arrests, point to a clear policy by Syrian military and civilian leadership amounting to crimes against humanity. Under international law, commanders are responsible for the commission of international crimes by their subordinates if the commanders knew about the violations. In keeping with the norm of the Responsibility to Protect, UN Member States, regional organizations and governments must urgently work together towards an end to the violence.
I. Background to the crisis in Syria
Protests asking for the release of political prisoners began mid-March 2011 and were immediately met by Syrian security forces who at first detained and attacked protestors with batons, and later opened gunfire, and deployed tanks and naval ships against civilians. Syrian President Bashar al-Assad refused to halt the violence and implement meaningful reforms demanded by protestors such as the lifting of emergency law, broader political representation and a freer media. Assad continued to deny responsibility for the attacks on protestors, placing the blame for the violence on armed groups and foreign conspirators instead. On 16 February President Assad called for a referendum to be held on 26 February that would end single party rule in Syria; however governments, such as the United States, analysts, and members of the opposition expressed reluctance that the promise of political reform would be upheld, and noted that conducting a referendum during such a crisis was not a necessary course of action to end the violence.
As the conflict wore on, demands grew more splintered and protestors began to organize. One of the main opposition groups, the Syrian National Council (SNC), is an umbrella organization that was formed by activists in Istanbul on 24 August. The SNC has received economic support from Turkey, who hosts an SNC office. The organization also met with the United Kingdom and United States. The SNC called for the Syrian government to be overthrown by a united opposition, rejected dialogue with Assad, and, though officially against military intervention, requested international protection of the population. In contrast, another main group, the National Co-ordination Committee (NCC) advocated for dialogue with the government, believing that toppling the Assad regime would lead to further chaos. On 31 December, these two groups signed an agreement to unite against the government. Another group, the Free Syrian Army, comprised of an estimated 15,000 defected Syrian soldiers, executed retaliatory attacks against Syrian forces.
UN High Commission for Human Rights Navi Pillay marked the death toll at more than 5,000 when she briefed the UN Security Council in early December. Between 26 December 2011, when independent monitors mandated by the Arab League arrived in Syria, and 10 January 2012, there were at least 400 deaths, according to UN Under-Secretary-General for Political Affairs B. Lynne Pascoe. Though the death toll continued to increase with the ongoing violence in the months following, the UN stopped releasing estimates in January 2012 given the growing difficulty to verify casualties.
Humanitarian situation in Syria worsens amid continued violence
Clashes between government forces and the Syrian opposition continued into April 2012, despite efforts by the international community to end the violence. The appointment of Kofi Annan as UN-Arab League Joint Special Envoy to Syria led to a 16 March presentation to the Security Council of a six-point plan, which included a ceasefire deadline of 10 April, the end of government troop movements towards population centers, the withdrawal of heavy weapons and troop withdrawal. Contrary to skepticism from the international community - including France and the United States - Syrian President Bashar al-Assad accepted Annan’s proposal for the ceasefire. The Security Council, after being briefed by Annan on 2 April, issued a presidential statement on 5 April in support of the plan and calling on the government to follow through on its pledge, and on all parties to cease armed violence. Additional demands made by the Syrian government on 8 April - including a written ceasefire agreement and observer mission deployment occurring simultaneously with the ceasefire – were refused by the Syrian opposition; the armed opposition group Free Syrian Army warned they would resume attacks if the government did not adhere to ceasefire deadlines.
Despite the 10 April deadline – and complete ceasefire deadline of 12 April - set by Kofi Annan, attacks continued with no sign of troop withdrawal. According to Syrian National Council representatives in Geneva, over 1,000 civilians were killed in the first two weeks of April, with shelling and mortar fire in the northern village of Marea and the city of Homs on 10 April. Reports from Amnesty International and Human Rights Watch highlighted ongoing rights abuses, from the arrest of minors to extrajudicial executions. The impact of the conflict began taking its toll on the countries bordering Syria, with over 24,000 Syrians occupying the Turkish refugee camp of Kilis, which reportedly came under fire from government forces on 9 April; meanwhile Lebanese opposition leader Amin Gemayel has voiced concern that the fighting could spill over into Lebanon.
II. Crimes against humanity perpetrated by Syrian government
Syrian government use of excessive force against protestors
The Syrian government’s violent response to protests since mid-March has left over 5,400 people dead as of 10 January 2012, including at least 300 children, according to the UN Office of the High Commissioner for Human Rights (OHCHR). Thousands more have been wounded, arbitrarily arrested, tortured and disappeared as protestors and their families within and outside of Syria have been targeted. Under-Secretary-General B. Lynn Pascoe informed Security Council members on 27 April 2011 that sources in Syria were “consistently reporting the use of artillery fire against unarmed civilians; door-to-door arrest campaigns; the shooting of medical personnel who attempt to aid the wounded; raids against hospitals, clinics and mosques and the purposeful destruction of medical supplies and arrest of medical personnel.” Over ten thousand refugees fled the country since March, many to Lebanon and Turkey, as noted in the Office of the High Commissioner for Human Rights Commission of Inquiry’s report to the General Assembly published on 23 November 2011. Amnesty International stated in its 24 October report that wounded civilians seeking medical treatment in at least four hospitals faced torture and other forms of ill-treatment from security officials and medical staff. Additionally, medical professionals attempting to help the wounded engaged in protests were threatened with arrest and torture. Human Rights Watch (HRW) reported as early as June that the attacks by the government reached the level of crimes against humanity in multiple cities across Syria, such as Daraa and Homs. Later on 15 December HRW named over 70 Syrian commanders who imposed a ‘shoot to kill’ policy against protestors, making clear that these crimes were knowingly committed against the civilian population. In January 2012, violence in Syria escalated as evidenced by reports of a “massacre” in the district of Karm al-Zeitoun on 26 January which resulted in the death of more than 74 Syrian citizens over two days. Further reports were released by HRW on 3 February stating that authorities had detained and tortured children with impunity.
Access denied to monitoring and humanitarian groups
As President Bashar al-Assad deployed troops and tanks to meet protesters with deadly force, he compromised civilian access to necessities including food, water and medical supplies. The International Federation for Human Rights (FIDH) raised awareness of the forced humanitarian crisis in its 28 July report, Bashar Al Assad: Criminal Against Humanity. A 25 October Amnesty International report provided detailed findings that civilian access to hospitals was also limited by the ongoing violence and by government control of medical staff and facilities. President Assad blocked access to the country of most outside humanitarian and human rights groups, the OHCHR fact-finding mission and the OHCHR Commission of Inquiry. Information from within Syria on the state of the humanitarian crisis remained limited as a result of the refusal of entry for journalists as well as cracking down on internet and social media use.
Following weeks of negotiations, the Syrian government agreed on 19 December to allow an independent monitoring mission full freedom of movement within Syria as part of a peace initiative brokered by the League of Arab States. However, shortly after the mission began reports emerged stating that the Syrian government was obstructing monitors’ access. Human Rights Watch reported on 27 December that Syrian security forces were moving detainees to more sensitive military sites where access to monitors would not be readily provided. HRW also reported that military personnel had in some cases been given police identification cards, violating the terms of the Arab League initiative for Syrian troop withdrawal. On 5 January, Syrian activists claimed the Syrian government was deceiving observers, who had begun their mission on 26 December, by painting military vehicles to look like police cars and taking observers to areas loyal to the government.
III. Responses to the Syrian Government’s Use of Force
The international community grew increasingly alarmed as the violence in Syria escalated. However, compared to the crisis in Libya, which saw widespread international support behind an early response, regional and international organizations proved more hesitant in responding to the political and humanitarian crisis in Syria.
Regional
The League of Arab States
The League of Arab States initially remained passive in its response to the Syrian government’s crackdown, stressing that it would not take action itself in response to the crisis. The League issued a statement on 25 April that condemned the use of violence against protestors in Arab countries without highlighting Syria or proposing any measures to end human rights violations. Eventually, on 7 August, the League released a statement calling for a “serious dialogue” between Syrian authorities and protestors.
As the conflict wore on, the League took a stronger position. On 10 September Secretary-General of the League Nabil El Araby met with President Assad and urged him to stop all violent attacks on civilians, reaching an agreement for the implementation of reforms. However it wasn’t until 2 November that the Arab League secured Syria’s agreement to implement a peace plan, which included a promise to halt violence, release prisoners, allow for media access and remove military presence from civilian areas. Even then, according to Amnesty International, over 100 civilians were killed in the week immediately after Assad agreed to the plan.
In response, the League suspended Syria’s membership on 12 November, and in an unprecedented move, imposed economic sanctions on 27 November. On 19 December Syria signed a peace deal, agreeing to an Arab observer mission for an initial period of one month while explicitly ruling out intervention and protecting Syrian sovereignty. The initiative also included a ceasefire, the release of detainees and military withdrawal.
As the one-month mandate of the Arab League’s observer mission in Syria came to a close, the League met on 22 January in Cairo to discuss the mission’s future. Following the meeting, Arab leaders, in addition to extending the mission's mandate and providing additional equipment for observers, called on Syrian President Bashar al-Assad to cede power to his vice president and form a national unity government. This plan was immediately rejected by Syrian authorities who called the plan “flagrant interference” in Syrian affairs. Meanwhile, the monitoring mission launched by the Arab League in December 2011 suffered additional setbacks as Saudi Arabia and the Gulf States withdrew their support on 23 and 24 January respectively, citing Syria’s failure to implement the peace plan. Though Arab leaders initially agreed to extend the mandate of the monitoring mission for another month on 27 January, they later suspended the mission on 29 January due to "critical" worsening conditions. After the Security Council failed to reach a consensus on the Arab League’s strengthened stance, resulting in a double veto of a resolution on 4 February, Arab leaders agreed on 12 February to open contact with Syrian opposition and ask the UN to form a joint peacekeeping force to halt the violence in Syria.
The Gulf Cooperation Council (GCC)
The GCC - Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates – issued a statement on 7 February recalling their envoys and expelling Syrian ambassadors. The statement was a strong condemnation of the “mass slaughter against the unarmed Syrian people,” and urged Arab leaders to take "decisive measures in response to this dangerous escalation against the Syrian people."
The European Union (EU)
The European Council announced on 9 May 2011 that it would impose an arms embargo on Syria and a visa ban and asset freeze on 13 individuals identified as responsible for the conflict. The EU later imposed targeted economic sanctions, additional travel bans and asset freezes against Syrian government and military officials on 1 August. In a statement issued on the same day, EU High Representative Catherine Ashton reminded the Syrian government of “its responsibility to protect the population” and denounced attacks on civilians in Hama and other Syrian cities. The EU also adopted a ban on oil imports from Syria to increase pressure on the regime on 2 September, and continued to expand its economic sanctions on Syria for the duration of the conflict. On 23 January the European Union announced an expansion of economic sanctions to twenty-two more individuals. The EU gave its support on 13 February to the Arab League’s call for a joint Arab-UN peacekeeping force.