Overly Legalistic Approach

 Kristen Boon has a problem.

It's called

the failure of the international community to intervene in a prompt manner

in the ongoing crisis in Syria.

And does she think Israel, if, when the "state of Palestine" is established and new hostilities break out, which they will, will be better treated?

Here's from her post:

Syria and New Scholarship in International Law

The many tragedies that have unfolded in Syria and particularly, the failure of the international community to intervene in a prompt manner, have led to a series of new analyses on the scope and application of certain doctrines in international law.

Take for example, the argument made by Laurie Blank and Geoffry Corn, in their forthcoming Vanderbilt Journal of Transnational Law Article “Losing the Forest for the Trees: Syria, Law and the Pragmatics of Conflict Recognition” that the “elements” approach used in determining the existence of an armed conflict delayed the application of IHL in Syria by at least fifteen months, until the ICRC concluded a non-international armed conflict existed in July, 2012.
The upshot, according to the authors, was that the main goals of IHL were compromised because of an overly legalistic approach to determining the nature of the conflict.

Terrible that.

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