Legality of Providing Weapons to Non State Actors

• Non-state actors and rebels – Personality in international law The Syrian Opposition Council (SOC) is the principal opposition coalition. Is SOC a legitimate representative of the Syrian people? This is one of the principle requirements for the recognition of such opposition groups under international law. Talmon points out that the SOC has received recognition as the representative of Syrian people, in 6 capacities with varying legal significance. The Gulf Cooperation Council has recognised the legitimacy of the SOC. If you are delving into the intricacies of international law and seeking assistance with your law dissertation, then you can consider seeking professional law dissertation help in place to navigate complex legal concepts and ensure the clarity of your arguments. The League of Arab States too has given recognition to the SOC. In 2011, France became the first European state to recognised the SOC, followed by other states, such as Turkey and Italy, and finally by the European Union’s Council Conclusion on Syria. On 20 November 2012, British Foreign Secretary William Hague announced to the House of Commons that “Her Majesty's Government have decided to recognise the National Coalition of Syrian Revolutionary and Opposition Forces as the sole legitimate representative of the Syrian people.”

  

  However, the Syrian Bassad government is also still in control of parts of Syria, and therefore, the armed oppositions groups can also be treated as insurgents. In international law, insurgent groups can also receive recognition. However, the words used to refer to the SOC, that is, ‘legitimate representative of aspirations of people’, is not the same as representative of people. A distinction also has to be drawn between political and legal recognition. The political act of recognition of an opposition group means that the recognizing State is willing to enter into political and other relations with that group. Legal recognition relates to establishment of a legal status for the entity, including the intention to be involved in legal relations with the entity. That has not happened as yet with respect to the SOC and the UK.

• Principle of non-use of force (UN Charter, Article 2(4)) provides that all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. Syria is an independent sovereign state.
• EU Council Common Position 2008/944/CFSP on arms export control by EU members

---

• H Lauterpaucht, Recognition in International Law (Cambridge: Cambridge University Press 2012).
• Stefen Talmon, “Recognition of Opposition Groups as the Legitimate Representative of a People”, (2013) 12 (2) Chinese Journal of International Law 219-253.
• Council of the European Union, Council Conclusions on Syria, Doc 16392/12, 19 November 2012, accessed.
• Talmon, supra note 2, [220].
• Ibid.
• Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, accessed

This concerns an EU member states’ agreement not to export military technology and equipment, in relation to the criterions given in the resolution. Criterion 2(c) relates to denial of export licenses when export may lead to the use of arms for the violation of international humanitarian law. The UN Commission of Inquiry has already reported that such weapons have been used by anti-governmental armed groups to commit extrajudicial torture and killings. Criterion 3 provides that there will be a denial of an export licence when such arms and weapons will lead to the prolongation of an armed conflict in the country of final destination. Criterion 4 provides that if such weapons lead to the creation of regional instability or peace, then there will be an export ban on these. There is a possibility that these weapons are used against Israel by the Syrian opposition groups. Criterion 6 relates to the possibility of such weapons being used for the purpose of terrorism. In case of Syrian rebels, it may be that some of these rebels are affiliated to the al-Qaeda, which is a terrorist organisation and there is a possibility that these weapons are diverted to such terror groups. Therefore, as per the provisions of the EU Common Position, such a transfer of weapons by the UK shall be illegal.

• Security Council resolutions on arms embargo with relation to individuals and entities associated with al-Qaeda, particularly, SC resolution 2083 (2012) provides that all member states shall take measures to ensure that there is no direct or indirect transfer of arms and weapons to al-Qaeda and its affiliates. Some of the Syrian armed groups such as al-Nusra are said to be affiliated to the al-Qaeda
• Arms Trade Treaty (ATT), regulates the international trade in conventional arms – from small arms to battle tanks, combat aircraft and warships. Under this, the states are under a duty to not allow the provision of arms and weapons, if such transfer would be in violation of the principles of the UN Charter. This includes principle of non-use of force, principle of non-intervention and Chapter VII of the UN Charter. In particular, Article 6 provides that states shall not transfer arms if such transfer leads to their use in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes.
• Legality of providing weapons Case Concerning the Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) (Merits): In this case, the ICJ rejected any rights of states to intervene in support of any armed rebellion or opposition in another state. Case concerning Armed Activities on the Territory of Congo :No right of states in contemporary international law to support armed opposition in other states.
• State responsibility for aiding and assisting in the commission of wrongful acts ILC Articles on State Responsibility, Article 16 provide that a state which assists or aids another state in the commission of internationally wrongfully acts is also responsible for such acts under international law. In such situations, even some material aid to the state doing internationally wrongful acts, which could include human rights violations are included for such state responsibility to arise. As the UN Commission of Inquiry has already reported that there are commissions of extrajudicial killings, torture and violation of human rights by the armed Syrian groups, the supply of arms may be used in the commission of such acts, which are also international wrongs.
• Principle of non-intervention is contained in UN Charter, Article 2(7) which provides that the United Nations shall not intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter.