News / Middle East

    Civil War Designation for Syria Would Trigger Humanitarian Protections

    Syrian security forces officers hold portraits of Syrian President Bashar Assad from the windows of their building, which was destroyed after a car bomb exploded near the shrine of Sayyida Zeinab, in a suburb of Damascus, Syria, June 14, 2012.Syrian security forces officers hold portraits of Syrian President Bashar Assad from the windows of their building, which was destroyed after a car bomb exploded near the shrine of Sayyida Zeinab, in a suburb of Damascus, Syria, June 14, 2012.
    x
    Syrian security forces officers hold portraits of Syrian President Bashar Assad from the windows of their building, which was destroyed after a car bomb exploded near the shrine of Sayyida Zeinab, in a suburb of Damascus, Syria, June 14, 2012.
    Syrian security forces officers hold portraits of Syrian President Bashar Assad from the windows of their building, which was destroyed after a car bomb exploded near the shrine of Sayyida Zeinab, in a suburb of Damascus, Syria, June 14, 2012.
    Margaret Besheer
    This week a senior U.N. official said the situation in Syria could be characterized as a civil war, adding his voice to that of several foreign ministers and other diplomats.  

    U.N. peacekeeping chief Hervé Ladsous' remarks to two reporters made news worldwide.

    Asked if the situation in Syria is a civil war now, Ladsous replied, "Yes, I think one can say that."

    Last week, U.N.-Arab League mediator Kofi Annan made a similar assessment.

    "Given the level of violence and the actors on the ground, you could say we are drifting, if we are not already, in a sort of a civil war," said Annan.  "All efforts are being made to ensure that if it were to become a full-blown civil war, it doesn't spread to the neighbors."

    On Wednesday, U.S. Secretary of State Hillary Clinton said Syria is "spiraling toward civil war," while the French foreign minister, Laurent Fabius, said "if you cannot call it a civil war, there are no words to describe it."

    But what changes if the world deems the 15-month-old conflict a civil war?

    Georgetown University Law Center adjunct professor Gary Solis says a civil war designation would trigger the Geneva Conventions on conducting war, specifically protections in Common Article 3.

    "And Common Article 3 provides basic protections for those who are out of the combat, for example, soldiers who have surrendered or who have been wounded and are captured; for civilians; for any non-combatants. Common Article 3 provides basic protections and that is why it is so important. And so to say there is a civil war suggests that Common Article 3 now applies and that is significant of course for the victims of the civil war," said Solis.

    But Solis adds a very important caveat.

    "The problem, however, is that there is no supra-national body, including the U.N., that can say with authority, 'all right this is a civil war; this is not a civil war.' There is no international body which can give a binding opinion that this is indeed a civil war," Solis explained.

    He says the international community needs to establish a united consensus through the United Nations and organizations such as the International Committee of the Red Cross (ICRC) to credibly designate conflict a civil war.

    The U.N. Security Council has been divided on the Syrian situation. Russia and China have resisted calls for stronger measures such as international sanctions to help end the violence. But the council is united in its support for Kofi Annan's mediation efforts and voted unanimously to dispatch 300 unarmed U.N. observers to monitor the conflict.

    The International Committee of the Red Cross (ICRC) does not use the term "civil war" in describing armed conflicts. It uses the legal term, which is "non-international armed conflict."

    ICRC Middle East spokesman Hicham Hassan says the ICRC uses two criteria to assess whether a conflict qualifies as a non-international armed conflict - the intensity of fighting and the organization of armed groups.

    "If we take intensity, for example, it means the means and methods that are used in the combat, it means the casualties, it means what kinds of weapons are used - all those things go inside the intensity factor," said Hassan.  "And if we talk about the organization of the armed groups, what we look at, the question we ask ourselves is, 'Is there one armed group operating across the country or across certain areas with one determined leadership?'"

    In April the ICRC assessed that a state of non-international armed conflict exists in parts of Syria, but not across the entire country.

    "Why is it important to determine what kind of situation it is? It is simply to determine what rules apply. And why is it important to determine what rules apply? It is simply to afford people and potential victims of armed conflict the best protection possible. That is the aim of this classification the ICRC gives," said Hassan.

    He says the ICRC has notified both the Syrian government and opposition of its assessment and reminded them of their obligations under international humanitarian law.  He adds that the ICRC has access to "almost all" areas affected by the fighting.

    The U.N. estimates more than 9,000 Syrians have been killed since government forces began to suppress opposition protests calling for political reforms last year. The United States and other governments have repeatedly called for Syrian President Bashar al-Assad to halt the fighting and step down.

    You May Like

    Rolling Thunder Tribute to US Military Turns into a Trump Rally

    Half-million motorcycles are expected to rumble Sunday afternoon from Pentagon to Vietnam War Memorial for rally in event group calls Ride for Freedom

    The Struggle With Painkillers: Treating Pain Without Feeding Addiction

    'Wonder drug' pain medications have turned out to be major problem: not only do they run high risk of addicting the user, but they can actually make patients' chronic pain worse, US CDC says

    Video Canine Reading Buddies Help Students With Literacy

    Idea behind reading program is that sharing book with nonjudgmental companion boosts students' confidence and helps instill love of reading

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    Chinese-Americans Heart Trump, Bucking National Trendi
    X
    May 27, 2016 5:57 AM
    A new study conducted by three Asian-American organizations shows there are three times as many Democrats as there are Republicans among Asian-American voters, and they favor Hillary Clinton over Donald Trump. But one group, called Chinese-Americans For Trump, is going against the tide and strongly supports the business tycoon. VOA’s Elizabeth Lee caught up with them at a Trump rally and reports from Anaheim, California.
    Video

    Video Chinese-Americans Heart Trump, Bucking National Trend

    A new study conducted by three Asian-American organizations shows there are three times as many Democrats as there are Republicans among Asian-American voters, and they favor Hillary Clinton over Donald Trump. But one group, called Chinese-Americans For Trump, is going against the tide and strongly supports the business tycoon. VOA’s Elizabeth Lee caught up with them at a Trump rally and reports from Anaheim, California.
    Video

    Video Reactions to Trump's Success Polarized Abroad

    What seemed impossible less than a year ago is now almost a certainty. New York real estate mogul Donald Trump has won the number of delegates needed to secure the Republican presidential nomination. The prospect has sparked as much controversy abroad as it has in the United States. Zlatica Hoke has more.
    Video

    Video Drawings by Children in Hiroshima Show Hope and Peace

    On Friday, President Barack Obama will visit Hiroshima, Japan, the first American president to do so while in office. In August 1945, the United States dropped an atomic bomb on the city to force Japan's surrender in World War II. Although their city lay in ruins, some Hiroshima schoolchildren drew pictures of hope and peace. The former students and their drawings are now part of a documentary called “Pictures from a Hiroshima Schoolyard.” VOA's Deborah Block has the story.
    Video

    Video Vietnamese Rapper Performs for Obama

    A prominent young Vietnamese artist told President Obama said she faced roadblocks as a woman rapper, and asked the president about government support for the arts. He asked her to rap, and he even offered to provide a base beat for her. Watch what happened.
    Video

    Video Roots Run Deep for Tunisia's Dwindling Jewish Community

    This week, hundreds of Jewish pilgrims are defying terrorist threats to celebrate an ancient religious festival on the Tunisian island of Djerba. The festivities cast a spotlight on North Africa's once-vibrant Jewish population that has all but died out in recent decades. Despite rising threats of militant Islam and the country's battered economy, one of the Arab world's last Jewish communities is staying put and nurturing a new generation. VOA’s Lisa Bryant reports.
    Video

    Video Meet Your New Co-Worker: The Robot

    Increasing numbers of robots are joining the workforce, as companies scale back and more processes become automated. The latest robots are flexible and collaborative, built to work alongside humans as opposed to replacing them. VOA’s Tina Trinh looks at the next generation of automated employees helping out their human colleagues.
    Video

    Video Wheelchair Technology in Tune With Times

    Technologies for the disabled, including wheelchair technology, are advancing just as quickly as everything else in the digital age. Two new advances in wheelchairs offer improved control and a more comfortable fit. VOA's George Putic reports.
    Video

    Video Baby Boxes Offer Safe Haven for Unwanted Children

    No one knows exactly how many babies are abandoned worldwide each year. The statistic is a difficult one to determine because it is illegal in most places. Therefore unwanted babies are often hidden and left to die. But as Erika Celeste reports from Woodburn, Indiana, a new program hopes to make surrendering infants safer for everyone.
    Video

    Video California Celebration Showcases Local Wines, Balloons

    Communities in the U.S. often hold festivals to show what makes them special. In California, for example, farmers near Fresno celebrate their figs and those around Gilmore showcase their garlic. Mike O'Sullivan reports that the wine-producing region of Temecula offers local vintages in an annual festival where rides on hot-air balloons add to the excitement.
    Video

    Video US Elementary School Offers Living Science Lessons

    Zero is not a good score on a test at school. But Discovery Elementary is proud of its “net zero” rating. Net zero describes a building in which the amount of energy provided by on-site renewable sources equals the amount of energy the building uses. As Faiza Elmasry tells us, the innovative features in the building turn the school into a teaching tool, where kids can't help but learn about science and sustainability. Faith Lapidus narrates.

    Special Report

    Adrift The Invisible African Diaspora