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.
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.
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