The 2018 Airstrikes in Syria: Not yet a Law-Making Moment under Customary International Law

Dawei Dong
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Dawei Dong: Graduate School of International Cooperation Studies, Kobe University

No 43, GSICS Working Paper Series from Graduate School of International Cooperation Studies, Kobe University

Abstract: After the 2018 airstrikes in Syria, the U.K. provided a reason for using force in the Syrian case: using force to deter human suffering from chemical weapons. Based on the fact that unprecedented understanding of other states and international consensus on prohibiting chemical weapons in Syria, the action is very special compared to previous cases. If state practice and opinio juris as two elements of the customary rule are concomitant for using force to deter human suffering from chemical weapons, a new exception to the norm of prohibition of the use of force under the customary international law will be formed. This article argues that the 2018 airstrikes in Syria were not yet a law-making moment for a modification to the norm of the prohibition on the use of force, which is generally agreed as a norm of jus cogens.

Keywords: use of force; opinio juris; jus cogens; chemical weapons; Syria (search for similar items in EconPapers)
Pages: 28 pages
Date: 2025-01
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