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International Law and Diplomacy in the Syrian Crisis


By: 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 law.

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 Charter.

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 the increase.

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 repeat performance.

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 socialists?

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 and civilization.

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, unalloyed command.

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 Assad government.

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 East.

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 ways.

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 sacrificial lamb.

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 report.

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 practice.

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 with merit.

The United Nations Organisation must handle with care the Iran nuclear programme debate, the Syrian political melee and monitor the world revolutionary momentum

In today’s world, technocrats are definitely cleverer than untutored politicians, who rely on the brain power of experts.

Understanding the World Revolutionary movement

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 the anti-Christ.

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 historical times.

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 darkness?

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.


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