A Legal 'Red Line'? Syria and the Use of Chemical Weapons in Civil Conflict

61 UCLA Law Review Discourse 244 (2013)

17 Pages Posted: 21 Dec 2013

Date Written: 2013

Abstract

This Essay analyzes the prohibition on the use of chemical weapons in civil conflicts and applies its findings to the Syrian civil war. We find that international humanitarian law and international criminal law provide a clear ban on the use of chemical weapons in international armed conflict. This prohibition is less clear in noninternational armed conflict, suggesting the need for legal reforms to firmly ban the use of chemical weapons in all armed conflicts. Furthermore, we find the use of chemical weapons in Syria does not, by itself, cross a legal red line justifying military intervention. Instead, the use of chemical weapons is one factor in determining the existence of a humanitarian crisis requiring strong international action.

Keywords: Syria, Chemical Weapons, Responsibility to Protect

Suggested Citation

Blake, Jillian and Mahmud, Aqsa, A Legal 'Red Line'? Syria and the Use of Chemical Weapons in Civil Conflict (2013). 61 UCLA Law Review Discourse 244 (2013) , Available at SSRN: https://ssrn.com/abstract=2369585

Aqsa Mahmud

Independent ( email )

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