Chemical weapons in Syria

A new, detailed report from the BBC investigates the Assad regime’s strategic deployment of chemical weapons.  The joint investigation by the Panorama team and BBC Arabic determined ‘there is enough evidence to be confident that at least 106 chemical attacks have taken place in Syria since September 2013, when [President Assad] signed the international Chemical Weapons Convention (CWC) and agreed to destroy the country’s chemical weapons stockpile‘ (my emphasis).

The BBC team considered 164 reports of chemical attacks from September 2013 onwards. The reports were from a variety of sources considered broadly impartial and not involved in the fighting. They included international bodies, human rights groups, medical organisations and think tanks.

In line with investigations carried out by the UN and the OPCW, BBC researchers, with the help of several independent analysts, reviewed the open source data available for each of the reported attacks, including victim and witness testimonies, photographs and videos.
The BBC team had their methodology checked by specialist researchers and experts.
The BBC researchers discounted all incidents where there was only one source, or where they concluded there was not sufficient evidence. In all, they determined there was enough credible evidence to be confident a chemical weapon was used in 106 incidents.

Almost half the documented attacks were in Idlib and Hama; most casualties were recorded in Kafr Zita (in Hama) and Douma (in East Ghouta).  Aircraft were used in almost half the attacks, and the experts consulted by the BBC concluded that in the majority of cases it was overwhelmingly likely that the Syrian Arab Air Force was responsible.  In this connection, it is telling that:

Many of the reported attacks occurred in clusters in and around the same areas and at around the same times. These clusters coincided with government offensives – in Hama and Idlib in 2014, in Idlib in 2015, in Aleppo city at the end of 2016, and in the Eastern Ghouta in early 2018.

The report pays particular attention to the use of chemical weapons during the offensive against East Ghouta earlier this year – see my detailed analysis here; see also here – and provides a detailed map:

Panorama: Syria’s Chemical War will be broadcast in the UK on Monday 15 October on BBC One at 20:30. It will be available afterwards on the BBC iPlayer. It will also be broadcast on BBC Arabic on Tuesday 23 October at 19:05 GMT.

Another Grey Zone

New from Bloomsbury – though, desperately sadly, at a ruinous price, a collection of essays edited by Mark Lattimer and Philippe Sands, The Grey Zone: The Grey Zone
Civilian Protection Between Human Rights and the Laws of War:

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to ‘an institutional vacuum in the area of international humanitarian law implementation’. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed?

This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today’s conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

 

I’ve written about attempts to ‘eliminate the grey zone’ before, but this is a different one, as the Contents make clear:

 

Part I: Rights
1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities
Emily Crawford
2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict
Mark Lattimer
3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts
Amichai Cohen
4. Regulating Armed Drones and Other Emerging Weapons Technologies
Stuart Casey-Maslen
5. The Globalisation of Non-International Armed Conflicts
Pavle Kilibarda and Gloria Gaggioli
6. Administrative Detention in Non-International Armed Conflicts
Françoise J Hampson
7. The Crime of Rape in Military and Civilian Jurisdictions
Lois Moore and Christine Chinkin

Part II: Remedies
8. The Right to Reparation for Victims of Armed Conflict
Carla Ferstman
9. Arguing International Humanitarian Law Standards in National Courts-A Spectrum of Expectations
Sharon Weill
10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict
Bill Bowring
11. Extraterritorial Obligations under Human Rights Law
Cedric Ryngaert
12. What Duties Do Peacekeepers Owe Civilians? Lessons from the NuhanovicCase
Liesbeth Zegveld
13. Civilian Protection and the Arms Trade Treaty
Blinne Ní Ghrálaigh

Part III: Developments
14. A Path Towards Greater Respect for International Humanitarian Law
Valentin Zellweger and François Voeffray
15. The Responsibility to Protect and Non-State Armed Groups
Jennifer M Welsh
16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court’s Jurisdiction over the Crime of Aggression
Carrie McDougall
17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity
Leila Nadya Sadat

Mark introduces the project (and en passant makes clear its relevance to my continuing work on Syria) over at Justice in Conflict here:

As armed conflicts continue to metastasize in many world regions, is the existing international law protecting civilians fit for purpose, or are there gaps in protection? The answer of most lawyers of armed conflict to this question has long been that the gap lies not in the substantive law but in its implementation.

While the need for implementation is plain, it is also clear that the contemporary face of conflict presents aspects which the framers of the Geneva Conventions and their 1977 Protocols – as well as the major human rights treaties – could hardly have envisaged. The growth of transnational armed groups such as Al-Qaeda and ISIS means that a ‘non-international armed conflict’ can now be fought in many states simultaneously or even, according to some proponents, globally. New technologies in warfare, from armed drones to autonomous weapons systems, radically alter the circumstances under which information is made available to commanders and with it the scope and accountability of decision-making….

Just looking at the fundamental conflict activities of killing and detaining, the grey areas appear to be wide. With conflict conducted in areas of high population density, there are a number of practical problems in distinguishing civilians from combatants or fighters, but also legal ones. Civilians lose their immunity from attack when directly participating in hostilities, but how is direct participation defined and how long does it last? In Iraq and Syria individuals have been targeted on account of their membership of ISIS or Jabhat al Nusra. But what of members of armed groups who do not engage in combat? What of the driver, the cook, or the recruiter? The treatment of ISIS members and their families is a sensitive subject in Iraq, but it appears to encompass the targeting and/or punishment of those who had no combat function.

The growth in armed conflict jurisprudence from human rights and monitoring bodies has in many cases recast the headline question: rather than identifying gaps in the law, the challenge is to determine which set of laws or legal regimes apply. Should it be human rights law or the international humanitarian law (IHL) applicable in armed conflict? Or indeed both?

The Military Present

I’m later to this than I should be, but over at the American Anthropologist there is a very interesting series of four podcasts conducted by Emily Sogn.and Vasiliki Touhouliotis on what they call ‘the military present’:

In the first episode, we spoke to Joe Masco (here) about the historical formation of an affective politics that creates an ethos of continuous, yet increasingly incoherent militarization justifying itself as a response to a monopoly of perceived threats. Next, we spoke to Madiha Tahir (here) about the ways in which new weapons technologies, particularly drones, have reshaped social landscapes in places like the Waziristan region of Pakistan where threats both in the air and on the ground have become an ever present fact of everyday life….

In our [third] episode we spoke with was Wazhmah Osman (here) about the embodied effects of nearly four decades of continuous war in Afghanistan. we talked about how the deployment of new military strategies and the use of new supposedly more precise weapons obscures the deep yet everyday cumulative damage that is caused by ongoing war. [The interview focuses on the US deployment of the  the Massive Ordnance Air Blast (MOAB) in Afghanistan in April of 2017].

And in the final episode – which is how I stumbled upon the series, as I’m in the final stages of prepping my Antipode lecture on “Trauma Geographies” – they talk with my good friend Omar Dewachi (here)

about war as a form of governance asking how war orders and creates the terms by which different forms of injury caused by war can be recognized and acted upon. We were prompted to frame a conversation around this topic as a response to what we see as a troubling absence of public discussion of the deaths and illnesses that are caused by war, but which get obscured as such by the language of by products, secondary effects, or collateral damage.

Unless I’ve missed something, the conversation with Omar is the only one of the series to have a transcript, but you can listen to all of them online.

Gender, war and technology

Christiane Wilke writes with news of a fascinating special issue of the Australian Feminist Law Journal (441, 1) on Gender, War, and Technology: Peace and Armed Conflict in the Twenty-First Century.

Gender, War, and Technology: Peace and Armed Conflict in the Twenty-First Century:  Emily Jones, Sara Kendall & Yoriko Otomo

Targeting, Gender, and International Posthumanitarian Law and Practice: Framing The Question of the Human in International Humanitarian Law: Matilda Arvidsson

How International Law Learned to Love the Bomb: Civilians and the Regulation of Aerial Warfare in the 1920s: Christiane Wilke

Technology, Dead Male Bodies, and Feminist Recognition: Gendering ICT Harm Theo:  Kristin Bergtora Sandvik

War’s Perpetuity: Disabled Bodies of War and the Exoskeleton of Equality: Gina Heathcote

A Posthuman-Xenofeminist Analysis of the Discourse on Autonomous Weapons Systems and Other Killing Machines: Emily Jones

The Architecture of Slow, Structural, and Spectacular Violence and the Poetic Testimony of War: Helene Kazan

The editors explain in their Introduction:

As the following articles illustrate, triangulating gender, war, and technology as a field of inquiry produces a wide domain of analysis, with topics ranging from human enhancement technologies to autonomous weapons systems, surveillance and aerial bombardment, artificial intelligence, and big data. The three terms themselves invite interpretation and debate.

The first term, ‘gender’, has been used in the context of international humanitarian law to signify vulnerability; women are treated as a group that may require further protection, where gender operates as a qualified identity that supplements the category of civilian (or indeed, comes to define the category of civilian). Yet some of the articles considered here adopt a more reflexive approach informed by feminist scholarship, considering issues of agency, difference, and intersectionality, and contesting gendered constructions that presuppose femininity, ethnicity, and passivity. The gendered subjects of law and war are at the same time subjects embedded within political economies of race, class, ability, age, and other factors. While gender serves as the primary focus of many articles within this special issue, gender theory’s commitment to intersectionality can be seen throughout, with articles considering issues of race, colonialism, ability, masculi- nity, and capitalism (and thus, implicitly, class). Beyond this special issue, the field would benefit from analysis of the broader range of intersectional concerns that emerge from recent technological developments in warfare.

The second term, ‘war’, is understood through drawing on existing feminist and gender critiques of war and armed conflict. Our point of departure is Cockburn’s well-known ‘continuum of violence’, whereby war and peace are noted to be part of a shared continuum as opposed to distinct (legal) categories. Such an outlook dis- rupts legal categorisations of conflicts by acknowledging that when a conflict ends as a matter of law, it has not necessarily ended for people living through it.  Not only do the place and time of ‘armed’ conflict then become questions, but presumptions about who produces, participates in, and is affected by conflict are also revisited and critiqued.

The final term, ‘technology’, has been defined within the context of conflict in the twenty-first century, following the post-war ideological movement described above. We are aware of the vast amount of literature which seeks to define technology broadly, with Heidegger defining technology to include things such as art and law, roughly defining technology as a tool and theorising how it is technology which helps humans become human. This special issue focuses on technology specifically within the context of twenty-first-century armed conflict, such as military technologies and/or algorithmic decision-making and data collection. In light of the multiple ways in which technology is changing conflict, we argue that the focus on these technologies reflects the ways in which technology is impacting on and changing the global order and conflict. This special issue seeks to draw attention to the urgent need for gendered perspectives on the interrelationships between war and technology.

The Airspace Tribunal

News of a project dear to my research (and my heart):

Towards a new human right to protect the freedom to exist without a physical or psychological threat from above

by The Wapping Project

Doughty Street Chambers, 54 Doughty Street, London WC1N 2LS

21st September 2018, 10.00 AM – 4.30 PM

Over the last century, humans have radically transformed airspace: chemically, territorially, militarily and psychologically. Technological developments mean that this transformation is accelerating and growing in complexity. There is widening disparity in the global landscape of power, with civilians increasingly subject to expanding commercial and military exploitation of technology in airspace and outer space and to the consequences of environmental change. The associated threats are not adequately addressed by the contemporary legal framework. There is an urgent need for new thinking.[1]

The Airspace Tribunal invites representations from experts across a broad range of disciplines and lived experience, such as human rights, contemporary warfare, new media ecologies, environmental change, neuropsychology, conflict and forced migration, to discuss the challenges and consider the case for and against the recognition of a new human right to protect the freedom to exist without physical or psychological threat from above.

Speakers include:

  • Nick Grief –  member of the legal team that represented the Marshall Islands and took the UK, India and Pakistan to the International Court of Justice for violating their nuclear disarmament obligations;
  • Conor Gearty – professor of human rights law who has published extensively on terrorism, civil liberties and human rights;
  • Andrew Hoskins – media sociologist known for his work on media, memory and conflict;
  • Martin A. Conway – cognitive neuropsychologist and expert on human memory and the law;
  • Shona Illingworth –  artist whose video and sound installations investigate memory, cultural erasure and structures of power in situations of social tension and conflict;
  • Maya Mamish – psychologist researching integration and well-being of Syrian youth affected by armed conflict and displacement;
  • Melanie Klinkner – transitional justice scholar majoring in international criminal justice with a background in philosophy, anthropology and biology;
  • William Merrin, a specialist in digital media and author of ‘Digital War’.

Conceived and developed by Nick Grief and Shona Illingworth, the Airspace Tribunal’s judges will include members of the public, challenging the traditional state-centric view of how international law is created. The hearings will be recorded and transcribed to document the drafting history of this proposed new human right.

The Airspace Tribunal is part of Topologies of Air, a major new artwork by Shona Illingworth, extract above, commissioned by The Wapping Project, that will be exhibited at The Power Plant, Toronto, in 2020 (more here: scroll down).

The London hearing of the Airspace Tribunal is supported by the University of Kent, The Wapping Project and Doughty Street Chambers.

[1] See Nick Grief, Shona Illingworth, Andrew Hoskins and Martin A. Conway, Opinion, ‘The Airspace Tribunal: Towards a New Human Right to Protect the Freedom to Exist Without Physical or Psychological Threat from Above’, European Human Rights Law Review, Issue 3 (2018) , pp 201.  You can download the brief via the War & Media Network (to whom I owe all this info) here.

Space is limited and booking is essential here.

In my crosshairs

Two new books on the military gaze:

First, from the ever-interesting Roger StahlThrough the Crosshairs: War, Visual Culture, and the Weaponized Gaze (Rutgers).

Now that it has become so commonplace, we rarely blink an eye at camera footage framed by the crosshairs of a sniper’s gun or from the perspective of a descending smart bomb. But how did this weaponized gaze become the norm for depicting war, and how has it influenced public perceptions?

Through the Crosshairs traces the genealogy of this weapon’s-eye view across a wide range of genres, including news reports, military public relations images, action movies, video games, and social media posts. As he tracks how gun-camera footage has spilled from the battlefield onto the screens of everyday civilian life, Roger Stahl exposes how this raw video is carefully curated and edited to promote identification with military weaponry, rather than with the targeted victims. He reveals how the weaponized gaze is not only a powerful propagandistic frame, but also a prime site of struggle over the representation of state violence.

Contents:

1 A Strike of the Eye
2 Smart Bomb Vision
3 Satellite Vision
4 Drone Vision
5 Sniper Vision
6 Resistant Vision
7 Afterword: Bodies Inhabited and Disavowed

And here’s Lisa Parks on the book:

“Immersing readers in the perilous visualities of smart bombs, snipers, and drones, Through the Crosshairs delivers a riveting analysis of the weaponized gaze and powerfully explicates the political stakes of screen culture’s militarization.  Packed with insights about the current conjuncture, the book positions Stahl as a leading critic of war and media.”

Incidentally, if you don’t know Roger’s collaborative project, The vision machine: media, war, peace – I first blogged about it five years ago – now is the time to visit: here.

And from Antoine Bousquet, The Eye of War: military perception from the telescope to the drone (Minnesota):

From ubiquitous surveillance to drone strikes that put “warheads onto foreheads,” we live in a world of globalized, individualized targeting. The perils are great. In The Eye of War, Antoine Bousquet provides both a sweeping historical overview of military perception technologies and a disquieting lens on a world that is, increasingly, one in which anything or anyone that can be perceived can be destroyed—in which to see is to destroy.

Arguing that modern-day global targeting is dissolving the conventionally bounded spaces of armed conflict, Bousquet shows that over several centuries, a logistical order of militarized perception has come into ascendancy, bringing perception and annihilation into ever-closer alignment. The efforts deployed to evade this deadly visibility have correspondingly intensified, yielding practices of radical concealment that presage a wholesale disappearance of the customary space of the battlefield. Beginning with the Renaissance’s fateful discovery of linear perspective, The Eye of War discloses the entanglement of the sciences and techniques of perception, representation, and localization in the modern era amid the perpetual quest for military superiority. In a survey that ranges from the telescope, aerial photograph, and gridded map to radar, digital imaging, and the geographic information system, Bousquet shows how successive technological systems have profoundly shaped the history of warfare and the experience of soldiering.

A work of grand historical sweep and remarkable analytical power, The Eye of War explores the implications of militarized perception for the character of war in the twenty-first century and the place of human subjects within its increasingly technical armature.

Contents:

Introduction: Visibility Equals Death
1. Perspective
2. Sensing
3. Imaging
4. Mapping
5. Hiding
Conclusion: A Global Imperium of Targeting

And here is Daniel Monk on the book:

The Eye of War is a masterful contemporary history of the martial gaze that reviews the relation between seeing and targeting. The expansion of ocularcentrism—the ubiquitization of vision as power—Antoine Bousquet shows us, coincides with the inverse: the relegation of the eye to an instrument of a war order that relies on the sensorium as the means to its own ends. As he traces the development of a technocracy of military vision, Bousquet discloses the vision of a military technocracy that has transformed the given world into units of perception indistinct from ‘kill boxes.’

Coming from excellent US university presses that – unlike the commercial behemoths (you know who you are) favoured by too many authors in my own field (you know who you are too) – these books are both attractively designed and accessibly priced.