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21 Int'l Trade & Bus. L. Rev. 177 (2018)
Universal Jurisdiction and Syria: A Treaty Based Expansion of Universal Jurisdiction as a Solution to Impunity

handle is hein.journals/itbla21 and id is 181 raw text is: 

177


         UNIVERSAL JURISDICTION AND
     SYRIA: A TREATY BASED EXPANSION
       OF   UNIVERSAL JURISDICTION AS A
                SOLUTION TO IMPUNITY

                             Shelby  Black*











                             ABSTRACT
 Syrian Conflict - International Law - International Criminal Court - United
 Nations Security Council - War Crimes - Universal Jurisdiction - Impunity

 Calls for justice in the Syrian conflict continue to fall on deaf ears while
 serious war crimes continue to occur. The outcome  of the Syrian conflict
 remains uncertain while impunity festers in gaps left by the international
 criminal justice system. Syria is not subject to the International Criminal Court
 ('ICC), the Security Council is in a continuing deadlock, and Syrian domestic
 'courts offer no promise of fair and impartial proceedings. On this backdrop,
 the international community must structure a coordinated legal response to
facilitate the prosecution of crimes committed in the Syrian conflict. The time is
right for concerned nations to come together to share their understandings and
commitments  to universal jurisdiction, and to confirm the prospect ofprosecution
to potential war criminals arising from the Syrian civil war. This article explores
the shortfalls of the Syrian domestic courts and other institutions to adequately
deal with these war criminals. The article endeavours to combat impunity across
the globe by suggesting a new type of treaty, rooted in the principle of universal
jurisdiction.



*    Judge Advocate General, United States Navy, Licenced Tennessee Attorney, University
     of Tennessee Alumni, United States of America. I thank Robert C Blitt, Professor of Law
     at the University of Tennessee, for his participation in my research. This article is the
     original work of the author and all omissions and errors are the author's responsibility.
     This article is not to be taken as representing the views of the United States Navy or the
     United States Government.