Reprisal Against the Use of Chemical Weapons: Examining Limits of the IHL in the Syrian Context

Abstract

There has been repeated use of chemical weapons (CWs) in the Syrian civil war in violation of the international humanitarian law (IHL). International response to this breach came in the forms of negotiation, investigation, and armed reprisal. In light of the treaty and customary IHL, this paper examines the (il)legality of the use of CWs, individual and state responsibility for the use of CWs, and the scope and limitation of the armed reprisal against the CWs attack. Finally, it focuses on the implementation measures, both preventive and coercive, to strengthen IHL to promote deterrence of the use of CWs in Syria and elsewhere.