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Michael P. Scharf - The Syrian Conflicts Impact on International Law

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Michael P. Scharf The Syrian Conflicts Impact on International Law

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The Syrian Conflicts Impact on International Law

Written as the decade-long Syrian conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflicts Impact on International Law , the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied air strikes in response to Syrias use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.

Michael P. Scharf is the Dean of the Law School and the Joseph C. HostetlerBakerHostetler Professor of Law at Case Western Reserve University. He serves as Managing Director of the Public International Law and Policy Group, a Nobel Peace Prizenominated NGO. He has led USAID-funded transitional justice projects in Uganda, Cote dIvoire, Libya, and Turkey (for Syria), and maritime piracy projects in Kenya, Mauritius, and the Seychelles. Scharf is the author of over 100 scholarly articles and nineteen books, four of which have won national book of the year honors. Since 2013, Scharf has been the producer and host of Talking Foreign Policy , a radio program broadcast on WCPN 90.3 FM and other NPR affiliates across the country.

Milena Sterio is the Charles R. Emrick Jr.Calfee Halter & Griswold Professor of Law at Cleveland-Marshall College of Law. Previously, she was an associate in the New York City firm of Cleary, Gottlieb, Steen & Hamilton, and an adjunct law professor at Cornell, where she taught in the International War Crimes Clinic. She has published numerous law review articles and six books. Professor Sterio is an editor of the prestigious IntLawGrrls blog. In the spring of 2013, Professor Sterio was a Fulbright Scholar in Baku, Azerbaijan, at Baku State University.

Dr. Paul R. Williams holds the Rebecca I. Grazier Professorship in Law and International Relations at American University where he teaches in the School of International Service and at the Washington College of Law. Dr. Williams is also the co-founder of the Public International Law & Policy Group (PILPG), a pro bono law firm providing legal assistance to states and governments involved in peace negotiations, post-conflict constitution drafting, and the prosecution of war criminals. As a world-renowned peace negotiation lawyer, Dr. Williams has assisted over two dozen parties in major international peace negotiations and has advised numerous parties on the drafting and implementation of post-conflict constitutions. Dr. Williams has authored six books on various topics concerning international law, and has published over three dozen scholarly articles on topics of international law and policy.

The Syrian Conflicts Impact on International Law

MICHAEL P. SCHARF

Case Western Reserve University School of Law

MILENA STERIO

Cleveland-Marshall School of Law

PAUL R. WILLIAMS

American University Washington College of Law

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Cambridge University Press is part of the University of Cambridge.

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www.cambridge.org

Information on this title: www.cambridge.org/9781108491532

DOI: 10.1017/9781108863650

Michael P. Scharf, Milena Sterio, and Paul R. Williams 2020

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2020

A catalogue record for this publication is available from the British Library.

Library of Congress Cataloging-in-Publication Data

Names : Scharf, Michael P., 1963 author. | Sterio, Milena, author. | Williams, Paul R., 1965 author.

Title : The Syrian conflicts impact on international law / Michael P. Scharf, Case Western Reserve University, Ohio; Milena Sterio, Cleveland-Marshall School of Law; Paul R. Williams, American University Washington College of Law.

Description : Cambridge, United Kingdom ; New York, NY, USA Cambridge University Press, 2020. | Includes bibliographical references and index.

Identifiers: LCCN 2019052946 (print) | LCCN 2019052947 (ebook) | ISBN 9781108491532 (hardback) | ISBN 9781108798440 (paperback) | ISBN 9781108863650 (epub)

Subjects: LCSH : SyriaHistoryCivil War, 2011-Law and legislation.

Classification: LCC KZ 6795. S 97 S33 2020 (print) | LCC KZ 6795. S 97 (ebook) | DDC 341.6 dc 23

LC record available at https://lccn.loc.gov/2019052946

LC ebook record available at https://lccn.loc.gov/2019052947

ISBN 978-1-108-49153-2 Hardback

ISBN 978-1-108-79844-0 Paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Contents
Authors Biographies

Michael P. Scharf is the Dean of Case Western Reserve University School of Law, and the Joseph C. HostetlerBakerHostetler Professor of Law. He is the host of Talking Foreign Policy , a radio program broadcast on WCPN 90.3 FM. In addition, Scharf serves as managing director of the Public International Law & Policy Group, a Nobel Peace Prizenominated NGO. Scharf has led USAID-funded transitional justice missions to the Ivory Coast, Libya, and Uganda; he headed the Blue Ribbon Committee that drafted a statute for a War Crimes Tribunal for Syrian atrocities; he served as Special Assistant to the Prosecutor of the Cambodia Genocide Tribunal; and he served as a member of the international team of experts that provided training to the judges of the Iraqi High Tribunal. During the first Bush and Clinton administrations, Scharf served in the Office of the Legal Adviser of the US Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for United Nations Affairs, and delegate to the United Nations Human Rights Commission. In 1993, he was awarded the State Departments Meritorious Honor Award in recognition of superb performance and exemplary leadership in relation to his role in the establishment of the International Criminal Tribunal for the former Yugoslavia. Scharf graduated from Duke University School of Law, with Order of the Coif and High Honors. He was a judicial clerk to Judge Gerald Bard Tjoflat on the US Court of Appeals for the Eleventh Circuit. He is the author of more than 100 scholarly articles and nineteen books, including The International Criminal Tribunal for Rwanda , which was awarded the American Society of International Laws Certificate of Merit for outstanding book, and Enemy of the State: The Trial and Execution of Saddam Hussein , which won the International Association of Penal Laws book-of-the-year award. His last five books have been published by Cambridge University Press. Dean Scharf continues to teach international law and was ranked as seventeenth most-cited author in the field since 2010 by the Leiter study.

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