Genocide in Syria: International Legal Options, International Legal Limits, and the Serious Problem of Political Will

Abstract

This essay addresses the failure of the international community to rein in the violence in Syria, and suggests that much of the problem is a lack of political will, not only on the States in the region, but on the part of several Permanent Members of the UN Security Council. Nonetheless, the essay suggests several legal options – that might bring a modicum of justice to the situation – in the short, medium and long term. In particular, the essay addresses the possibility that the Syrian situation might be referred to the International Criminal Court, and addresses some of the current obstacles to doing so.

Keywords: war crimes, justice, UN Security Council, crimes against humanity, international criminal court, human rights, international conflict, armed conflict, genocide