الأزمة السورية : هل من حل قانوني دولي ؟

الملخص EN

This study is an attempt to find a solution to the Syrian crisis by answering the question: Is there a possibility to solve Syrian crisis by applying international law? It is the question that the international community has failed to resolve for nearly five years.

This situation led us to propose a solution depending fully on international law that proved to be effective in maintaining international peace and security, and solving the international conflicts.

The Syrian crisis, according to this suggestion, should be raised before to the General Assembly of the United Nations to rule about it according to its “The Uniting for Peace” resolution that was adopted on November 3rd, 1950.

This resolution enables the General Assembly to intervene whenever practice its responsibility for the international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression because of a lack of unanimity amongst the five permanent members of the Security Council.

This resolution created the mechanism of the "emergency special session" (ESS), either by a procedural vote at the Security Council, or within twenty-four hours of a request by a majority of UN members being received by the SecretaryGeneral.

In procedural votes, the permanent members of the Security Council—the so-called "P5"—do not have the ability to block the adoption of draft resolutions, so unlike substantive matters, such resolutions can be adopted without their consent.

The General Assembly shall consider the matter immediately and may issue any recommendations it supposes necessary in order to restore international peace and security under chapters VI or VII.

If not in session at the time the General Assembly may meet using the mechanism of the emergency special session.