International Law and Diplomacy in the Syrian Crisis
Professor Dr. Emmanuel Omoh Esiemokhai
Today, the 1st of
February, 2012, the United Nations
Organization met to deliberate on the
Syrian crisis. Their modus operandi was
the strict application of international
In 1945, in Dumbarton Oaks, San
Francisco, USA, the framers of the
United Nations Charter, based their hope
on its effective regulation of world
crisis and world peace on the objective
and strict adherence to fair-minded
conduct in all its deliberations.
Although this expectation has not always
been fulfilled, because of geo-politics
and the prevailing ideological divide
among some states in the United Nations,
the last ten years have witnessed
partisan and blatant disregard for the
provisions of the United Nations
No pundit of the left or right had
expected the crisis in Syria to last for
this long. The contest for power has
become real and indecisive. As of now,
the struggle continues, with violations
of humanitarian and human rights law on
In classical international law, the
events in Syria should have been treated
as “within the internal affairs of
Syria”, which the UN Charter, disallows
other states from interfering. However,
this murderous political struggle has
gone beyond the “internal affairs of
Syria” because of the colossal lose of
human lives the Syrian state has a
bounden duty to protect.
Ordinarily, no one can deny the need for
a Syrian conflict resolution agenda.
China and Russia, two members of the
Security Council have expressed
dissatisfaction with the UN draft
resolution on Syria.
They argue that in the Libyan case,
there was hurried eagerness and flawed
diplomatic response and that instead of
acting as mediators, NATO and the UN
acted as partisans.
The “refusenich states” hold that in
clear defiance and violation of the
intentions of the UN, there was a regime
change and the killing of the Libyan
leader Muamar Kaddafi and that they have
no guarantees that there would be no
The duo argue that where Assad’s fall
has been predicted with certainty; there
is nothing to resolve at the UN.
I suggest that the UN should send in an
intervention force that will form a
buffer between the warring factions like
it did after the Canadian suggestion and
the UN implementation of the Canadian
resolution in the Israel/Egyptian crisis
in the 1950s.
Post- Arab spring elections have thrust
the Islamic party into governance. The
Ba’th Party is a force to reckon with in
Iraq, Syria and Lebanon. Is the West
aware that this is perhaps a battle
between the Islamic party and Arab
Whichever party wins, politics in the
Middle East will not favour the West.
So, what is the joy about? The trends in
Tunisia, Libya, Egypt and Yemen point to
democratization based on Arab culture
It clearly shows that all efforts to
“democratize ancient regimes’ by
throwing needed money into dirty tricks
operations have failed.
I agree that Assad needs to transfer
power to some other Syrian leader. Who
will that be? How acceptable will an
externally imposed leader convince his
people that he can rule with a free,
Syria is more complicated that Libya.
There are institutions, a well-trained
army, an intelligence organization that
forms part of the Ba’th Socialist party,
which is also strong in Iraq, and which
is responsible for the intractable
problems of Iraq.
The United Nations Resolution on Syria
is well-drafted. It addressed the core
issues but is hindered by trust, the
Libyan experience and the statements
that have been made before the drafting
of the resolution that threatened the
With violence escalating, the Qatari
Prime Minister and the Secretary-General
of the Arab League must proffer
solutions to the crisis beyond sending
the Arab League monitors, whose mission
did not achieve much.
The Arab League is made up of some Arab
states, with no strong military power
that can perform interventionist roles.
It will be suicidal for any Arab League
state to venture into Syria.
Even NATO states, encumbered by economic
crisis are no longer financially capable
to finance another war in the Middle
The United Nations Secretary-General,
Mr. Banki Moon, who should have tried to
play the role Dag Hammersjold played in
Palestine, is seen by the Syrian Foreign
Minister, as an unsuitable mediator.
Iran could have played a role by
appealing to the Syrian government. This
would be interpreted in one thousand
So, how can we move forward on this
deadly deadlock in Syria? The African
Union has proved ineffective and utterly
incompetent in matters concerning the
African condition. It has neither the
clout nor the free hand to meddle in
geo-politics, in which it is a
Scholars and the correspondent members
of BOSAS INTERNATIONAL LAW BUREAU are
working on a resolution on Syria.
However, we have no locus standi on the
matter. So we shall file away our ideas
or publish them in due course.
Those persons at the Nigerian Ministry
of Foreign Affairs, who are in-charge,
are referred to an expose article
entitled, “MONUMENTAL FRAUD IN NIGERIAN
MINISTRY OF FOREIGN AFFAIRS.”
As a fair-minded commentator on national
and international affairs, I would wait
to hear from the Nigerian Ministry of
Foreign Affairs, before I can comment on
the various allegations contained in the
If the New York Police Department had
not correctly intervened, there would
have been mayhem by those angry
Nigerians, who caused a commotion at the
event in New York.
A Nigerian diplomatic Corps that runs
state affairs in a manner unbefitting
the representatives of A SOVEREIGN
INDEPENDENT STATE, WILL NOT HAVE THE
STRENGHT TO CONDUCT THE States’ foreign
affairs with patriotism, decorum and
dignity. I now understand the “follow
follow diplomacy” over Libya and the
reticence in our cellular diplomatic
A compromised group of state officials
are national security cases.
Diplomacy and international law have
passed through centuries of development.
They control a nation’s engagement in
international affairs. Only highly
trained and disciplined people can serve
The United Nations Organisation must
handle with care the Iran nuclear
programme debate, the Syrian political
melee and monitor the world
In today’s world, technocrats are
definitely cleverer than untutored
politicians, who rely on the brain power
Understanding the World Revolutionary
The world revolutionary movement is not
only about removing anachronistic
socio-economic systems and ancient
regimes in Africa, the Middle East and
Europe, it is about elevating talent,
human intelligence to levels, where
innovativeness, not political theories,
now exploded, will gain ascendancy in
the march of human civilization, which
has been hindered by the negative and
dangerous activities of the agents of
Bill Gates and Steve Jobs represent the
world revolutionary movement in talent
application. The talented and the
manifestly idiotic cretin, stand on a
footing of manifest inequality.
The on-going world revolution has a
scientific justification in that man has
suffered for centuries under feudalism,
capitalism, ancient, barbaric regimes in
The Liberation century is characterized
by knowledge appreciation, disapproval
of illiterate and despotic governance,
entrenchment of social justice systems.
In this world revolutionary era, WE
SHALL NEVER WORSHIP MAN-MADE GODS, who
dispense earthly comforts and “egunje.”
For what shall it profit a politician,
who has sold his soul to the king of
Those, who embezzled the people’s funds,
will soon discover that the currencies
they hold their “wealth “in, will soon
become worthless pieces of ornate paper.
With the return of right-wing economic
prescriptions, the ideological crisis of
global capitalism, will ensure that
there will be a currency war.
With a Republican candidate, who openly
declared that “ the POOR” are not his
concern, conservative and right-wing
economic policies will prevail in
America, if Mit Romney wins.
The only treasures that will matter are
the ones laid up in Heaven, beyond St
Peter’s Gate. So, “mortify the body,
deny self, affections as well as
appetites and the inner eye will begin
to exercise its solemn vision.
Professor Dr. Emmanuel Omoh Esiemokhai
is the Academic Chancellor, BOSAS
INRENATIONAL LAW BUREAU, FUGAR/Abuja.