International Protection of Children Education During Armed Conflicts and the International Community Response (A Case Study of Syria)

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International Protection of Children

Education During Armed Conflicts

and the International Community

Response

(A Case Study of Syria)

Mohamad Tarek Alsaid

Bachelor's Programme in Human Rights Bachelor Thesis (15 Credit)

Spring2019

Supervisor: Anders Melin Word Count: 14,034

2 This research critically examines the international protection of children education during the Syrian armed conflict since 2011. It identifies the reasons behind the failure of the international community in providing the necessary protection and its impacts on the Syrian children education. It analyzes the legal protection available to children education in situations of armed conflict in accordance with the international law. In order to evaluate the reluctance of the international community humanitarian intervention under the principle of Responsibility to Protect, this research used the textual analysis method and the realism and liberalism theories. Altogether, during the eight years of the ongoing Syrian conflict, children right to education have been violated throughout Syria, and millions have been out of schools, and many are at high risk to dropout. The research concludes that the vetoes in the Security Council and political and economic considerations among the superpowers have overcome the legal protection.

Key Words

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ACRONYMS AND ABBREVIATIONS

AP I AP I AP II AP II

CRC Convention on the Rights of the Child FSA Free Syrian Army

GCR2P Global Centre for the Responsibility to Protect GC IV Fourth Geneva Convention 1949

HRC Human Rights Council HRW Human Rights Watch IC International Community

ICESCR International Covenant on Economic, Social and Cultural Rights ICRC International Committee of the Red Cross

IDPs Internally Displaced Persons IHL International Humanitarian Law IHRL International Human Rights Law IL International Law

INGOs International Nonprofit Organizations

CoI Independent International Commission of Inquiry IR International Relations

ISIL or ISIS Islamic State of Iraq and Levant

OHCHR Office of the High Commissioner for Human Rights R2P Responsibility to Protect

SDF Syrian Democratic Forces

SNHR Syrian Network for Human Rights UN United Nations

UNESCO United Nations Educational, Scientific and Cultural Organization UNICEF United Nations International Children's Emergency Fund

UNSC UN Security Council

UNSCR United Nations Security Council Resolution YPG Kurdish People's Protection Forces

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Abstract 2

Acronyms and Abbreviations 3

CHAPTER 1 1. Introduction 6

1.1 Background of the Research 6 1.2 Relevance to Human Rights 7

1.3 Research Problem 8

1.4 Research Question 8

1.5 Research Aim 9

1.6 Method and Materials 9

1.7 Delimitations 9

1.8 Objectives 10

1.9 Chapters Outline 10

CHAPTER 2 2. Literature Review 11

CHAPTER 3 3. Theories and Methodology 15

3.1 Theories 15

3.1.1 Realism 16

3.1.2 Liberalism 17

3.2 Methodology 18

CHAPTER 4 4. Legal Protection of Children Education 18 4.1 Protecting Children Education Under the Principles of IHRL 18 4.1.1 General Principles of IHRL 19 4.1.2 Legally Binding Protection of the Right of Education 19

4.1.3 Refugees and Displaced Persons Right to Education 20

4.2 Protecting Children Education Under the Principles of IHL 20 4.2.1 General Protection of Civilians 20 4.2.2 Protection of Education Under the GC IV, AP I and AP II 21 CHAPTER 5 5. The Situations of Syrian Children Education During the Conflict 21

5.1 Background 22

5.2 The Direct Impacts on Children Education 24

5.2.1 Attack on Schools 24

5.2.2 Military use of Schools 25

5.2.3 Targeting Students and Teachers 26 5.2.4 Impact of Child Recruitment 27

5.2.5 The Impact of Displacement 29

5 CHAPTER 6 6. The International Community Response 31 6.1 The Principle of Principle of Responsibility (R2P) 31

6.2 International Initiatives 33

6.3 The Main Theories of IR and the Principle of Responsibility to Protect in Syria 35 6.3.1 Realism and Humanitarian Intervention in Syria 35 6.3.2 Liberalism and Humanitarian Intervention in Syria 37

6.4 Summary 39

CHAPTER 7 7. Conclusion 40

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CHAPTER 1

1. Introduction

During armed conflicts, millions of children are killed, maimed, injured, sexually assaulted, recruited as child soldiers and displaced from their homes. Attacking schools deliberately in Syria has led to the death and suffering of children physically, psychologically, and socially. These attacks often lead them to dropping out of education and put them at high risk of being recruited as child soldiers or their displacement internally and to neighboring countries. Indeed, the current conflict in Syria represents a situation in which children are out of school due to the large-scale attacks on education by the Syrian regime (ICTJ, 2018: 3). According to UNICEF 2018 report on Syria, 2.8 million children are out of school, and 1.35 million are at high risk to drop out of school in and outside Syria (UNICEF, 2018: 4).Also, UNICEF documented that one out of every three schools is unusable because they are damaged, destroyed, used for military purposes or as shelters by internally displaced persons (IDPs) (UNICEF, 2017: 30).

The devastating impacts of conflict on Syrian children and their right to education remains constant facet up to present due to the lack of providing adequate protection by the international community (IC). Education during armed conflicts provides psychosocial support and as well as reduces impacts of mental health on war-affected children (GCPEA, 2016: 34). Therefore, it can be said that education in times of armed conflict is as important if not more than peacetime, and thus it deserves to be well protected. This research addresses the situation of Syrian children education during the ongoing armed conflict since 2011 with reference to their necessary legal protection by the IC. Such crimes against children lives and education are the worst forms of abuse conceivable and constitute a flagrant violation of international law (IL). Furthermore, this research seeks to examine the underlying reasons for the failure of the IC in providing the necessary protection to the Syrian children education during the ongoing conflict. The research will analyze the IC response through the textual analysis method and the views of realism and liberalism theories to understand the failure factors.

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The experience of children growing up suffering the atrocities of armed conflicts in different areas of the world is not a new phenomenon. In March 2011, Syrian people engaged in peaceful protests against Bashar Assad’s regime, but regime forces confronted demonstrators with brutal violence and killed hundreds of civilians including children in the first few weeks (Wimmen, 2016: 3). The spark of the protests erupted at the hands of school children who wanted to use their rights to express their opinions by writing on walls demanding their legitimate rights protected by the Convention on the Rights of the Child (CRC). These children were the first to be arrested and tortured by the regime in contravention of its obligations under the CRC (Hasan, 2019).

Soon, the peaceful protests were transformed into an armed conflict due to the escalation of violence by the regime forces (Hasan, 2019). The Syrian regime forces carried out brutal repressive and criminal practices against children that were a shock to the world conscience and a flagrant violation of IL. The statistics indicate that more than 28,486 children have been killed since 2011 (SNHR, 2019). Targeting the schools deliberately by airstrike and shelling has prevented many children in Syria from continuing their education due to the fear of death or injuries. As a result, large numbers of students have been forced to leave their schools and have been deprived of their right to education. Dropping out of school has forced many children to join the labor market and exposed them to child soldiers (HRW, 2013).

In the absence of the proper strategies of the IC to provide adequate protection of children education, a large number of Syrian children suffer from horrific psychological and social problems due to the ongoing conflict in the country (SNHR, 2019). Despite the existence of binding international conventions to protect children lives and their education, the IC seems to be paralyzed to provide adequate protection for children education during the Syrian conflict. Thus, this study attempts to examine the situations of the Syrian children education during the ongoing armed conflict and the IC response in accordance to IL and the views of the theories of realism and liberalism.

1.2. Relevance to Human Rights

The topic of international protection of children education during armed conflict is significantly relevant to human rights study because it addresses the challenge of applying the provisions of international humanitarian law (IHL) and international human rights law (IHRL) to

8 protect children and their right to education. Rights to protect children and their education are well-established rights in IHL, IHRL and other human rights conventions. The protection of children education during the Syrian armed conflicts is considered to be a very significant matter but also necessary for other children worldwide. Therefore, the right of the protection of children education during armed conflicts is an integral part of human rights and is among the most important means that the IC seeks as a common issue among all States.

1.3. Research Problem

Although IHL and IHRL are widely accepted and binding for all countries that ratifies them; it is well known fact that children and their education have great risk and vulnerability during armed conflicts. Despite the principles of the protection of children and their education by IHL and IHRL, destruction of children education during the Syrian armed conflict still considered horrible and being ignored. Children affected by armed conflict can be exposed to grave violations: attack on schools which deprives their right to education; killing; maiming; displacing; recruitment as child soldier; grave sexual abuse; abduction; exploitation and denial of humanitarian access.

However, the response of the IC in respect to the protection of the Syrian children education during the armed conflict has not met the expectation, therefore the risk of children being exposed to harm has remained. The purpose of this research is to examine the international protection of children education during the Syrian armed conflict in the shade of the failure of the IC in providing the necessary protection. Also, to analyze the considerations that prevented the international humanitarian intervention using the principle of Responsibility to Protect (R2P) the Syrian children and their education. The aforementioned problem leads us to the primary research question:

1.4. Research Question

Why has the international community been failing in providing the necessary protection to children education during the ongoing Syrian armed conflict?

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This research is aimed to examine the international protection of Syrian children education during the ongoing conflict through analyzing the considerations behind the failure of the IC in providing that protection as well as analyzing the most important international legal frameworks that concern the violations on children education during the Syrian armed conflict. Therefore, this research emphasis is to analyze the strengths and loopholes of the legal frameworks provided in IL that concern the protection of children education during the Syrian armed conflict and to explore the considerations that overcomes the legal provisions to enforce the well-established rights that should be protected by the IC.

1.6. Method and Materials

This research will rely on the textual analysis method in interpreting and analyzing the international texts and officials statements in this regard. Also, the adopted method will help to extrapolating the views of scholars in the relevant legal texts to explain the reluctance of the IC response. This research also uses the realism and liberalism theories to help us understand the role of political considerations that influenced the IC reaction toward the Syrian crisis. The primary material of this research will be IHL and IHRL and other conventions related to children right to education in addition to the UNSC resolutions, UNICEF Reports and Reports of the UN on children and armed conflict. Also, some of the course literature, scholarly journal articles and other organizations reports will be used as secondary sources. All sources have been critically assessed and collected from credible authors, international organizations, NGOs, and scholarly journals.

1.7. Delimitations

The UN has described the Syrian crisis as the “worst humanitarian catastrophe” of the 21st century (Daragahi, 2018) and has a huge number of children education affected by the situation of armed conflict. Therefore, the researcher chose to deal with this issue due to the ongoing atrocities on Syrian children and their education under the sight of the whole world. Obviously, the situation of children education in armed conflict is not limited to Syria but it is a global issue that is taking place in the world today.The researcher has limited this research to IL provisions, the UNSC resolutions and the UN reports that are most relevant to children protection and their right to education in the Syrian armed conflicts between 2011 and 2019.

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Thus, the provisions, resolutions and reports the researcher has chosen are directly related to either the protection of children or to their right to education during armed conflict.

Although this research is discussing the protection of children education during armed conflicts, the researcher concentrated on the international legal and political frameworks not on the moral aspects. The researcher believes that limiting the research to only aforementioned materials and using Syria as a case will give us the opportunity to clearly understand why the IC response was paralyzed in the Syrian case. Thus, this research will focus on the education problems faced by children in Syria during the conflict in line with their legal protection and the response of the IC.

1.8. Research Objectives

The objective of this research is to highlight the urgent need to provide immediate and adequate protection for children education in situations of armed conflict. This research also intends to attain the following goals:

1. To analyze the IC response toward the atrocities war crimes on the Syrian children education and why it has been failing to provide the necessary protection.

2. To draw the attention of IC and other key stakeholders with some viable recommendations and suggestions.

1.9. Chapters Outline

This research consists seven chapters. In the first chapter the researcher give a general introduction of the research in a nutshell and say what the research will be expected to include. Following the introductory chapter, the second chapter of this research is the literature review which will elaborate upon the review of different opinions of other scholars and authors on the subject of research and their contributions to the subject. The third chapter will briefly handle the theories of realism and liberalism and describe the method used in the research. The fourth chapter will examine the legal protection of children education in the situations of armed conflict through the framework of IHL and IHRL. The fifth chapter will discuss the situations of the Syrian children education during the armed conflict. The sixth chapter will analyze the response of the IC from different perspectives. The seventh chapter will be the overall conclusion and recommendation.

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CHAPTER 2

2. Literature Review

There is no doubt that armed conflicts have a clear impact on children right to education. There are a lot of arguments stating that education in times of armed conflict is as significant as in peacetime, if not more. According to the United Nations Educational, Scientific and Cultural Organization (UNESCO) recent data around 263 million children are out of school worldwide. UNESCO deems that armed conflict is a major obstacle to children education. Conflict-affected areas led 63 million children to be forced out-of-school globally (UNESCO, 2016). Sommers indicates that most children of primary school age in conflict-affected areas are not in school and have no real hope of joining one (Sommers, 2002: 2). These millions of children who are witnessing armed conflicts are exposed to psychological and emotional damage that can last for a lifetime.

The right to education which has been called as one of the human rights in Article 13 of - the International Covenant on Economic, Social and Cultural Rights (ICESCR) (OHCHR, 1966) - has received very little attention in the contemporary literature.Education is defined as a legal entitlement, but there is little insight into this issue. Also, Article 28 (1) of the CRC states that States Parties must recognize the right of the child to free primary education and to the provision of vocational education and to take measures to reduce dropout rates. Furthermore, the committee of the CRC has always taken into account the application of the convention in situations of armed conflict and its relationship with IHL under Article 38 (OHCHR, 1989).

However, the literature of researchers is very much scattered with regard to education, especially when the focus on protecting this right is depleted in times of armed conflict. Literatures and studies dealing with different areas of IL and their intersection with issues related to violations related to children education during situations of armed conflicts are very few if not scarce. Hausler, Urban, & McCorquodale (2010) notes that the right to food, water, health care and other economic and social rights has received much greater attention in war.An interesting point is that protecting the right to education has never been considered as an abstract.Securing education in this general sense is not usually a priority for those involved in the conflict. If they think of protecting legal rights, they will take precedence over other existing rights.However, the

12 right to education is an extraordinarily important right, which is an enabling right, like freedom of expression (Hausler, Urban, & McCorquodale, 2010:xviii).

Hausler, Urban, & McCorquodale point out that in the midst of turbulence and brutality caused by armed conflict, children education is at its weakest.Conflict leads to the destruction and damaging of schools and the assassination of teachers as well as the denial of children to go to their schools. When children are denied from education, it means depriving them from a better future. In the absence of education, there is no nation that lives or enjoys stability and prosperity. From this point, the authors firmly believe that child right to education must be strongly protected whether in peacetime or conflict times (Hausler, Urban, & McCorquodale, 2010: 1). Dunson (2003) believes that education for armed conflict-affected children help effectively cure the damage caused by conflict and contribute to prevent the occurrence of future events (Dunson, 2003: 72).

The study of Machel (1996) on the impact of armed conflict on children is the first and most renowned comprehensive assessments of conflicts-affected children. Machel's study was a departure point for literatures and studies concerning the situations of children in armed conflicts worldwide. Machel believes that schooling is very important especially during armed conflict, where every place may be in a mess, education can represent a normal state. School gives children the opportunity to stay in touch with friends and enjoy their encouragement and support. Constant contact with their teachers is an advantage to continue monitoring their physical and mental health. Teachers may also contribute to develop new knowledge and skills vital for adaptation and survival for children. The challenge to continue to study in the most difficult circumstances shows confidence in the future of children (Machel, 1996: 43).

However, she reveals that there are risks to education during the conflict because schools and teachers are often targeted. Although relief programs are still inadequate, in the times of armed conflict, most attention is paid to the schooling of refugee children. She says the educational needs of children remaining within conflict zones must get the same attention as the refugees by establishing an educational activity as a priority element in all humanitarian assistance. Since schools are potential to be targets, she recommends creating alternative locations for classrooms and changing places regularly (Machel, 1996: 44).She calls on the IC to insist that all parties involved in conflicts not to target schools and actively promote the effective protection to education services (Machel, 1996: 47).

13 Winthrop and Kirk (2008) insist that the IC and other organizations must provide full protection and support to children schooling during and after armed conflict for a brighter future of children affected by conflict. They claim that there is a rarity of knowledge about how best to make sure that education during conflicts actually supports the welfare of children. Winthrop and Kirk indicate that education during the situations of armed conflict can support the physical, mental health and well-being of children (Winthrop & Kirk, 2008: 640-641). The argument that education enhances the well-being of children is often challenged because it is made without reference to the experiences of children in education during and after conflict. Thus, Winthrop and Kirk based their arguments on data collected from refugee students of primary school living in camps and post-conflict situations from the International Rescue Committee’s Healing Classrooms Initiative (Winthrop & Kirk, 2008: 642). Finally, Winthrop and Kirk’s study demonstrated important observations into the educational life of conflict-affected children and uncovered many areas in the related subject for further studies.

Furthermore, Sommer (2002) indicates that the impact of armed conflict on the education system in some cases has been so widespread that approaching the Education for All goals seem almost out of the question. In some cases, the recruitment of children as soldiers leads to the exclusion of many children from formal education and participation in the perpetuation of armed conflict (Sommer, 2002: 1-2). He believes that schooling reduces the social and psychosocial impact of armed conflict on children and provides protection for both physical and social. Also, it maintains study skills, re-introduction of school education and the inclusion of messages and survival skills and peace-building (Sommer, 2002: 10). Finally, schooling for children affected by armed conflict provides vital protection from being recruited as a child soldier and other forms of exploitation (Sommer, 2002: 27).

In order to maintain children education during armed conflicts, there must be an effective protection by the IC which has been almost paralyzed in the Syrian case. All the Arab and international diplomatic initiatives, such as the economic and diplomatic sanctions imposed on the Syrian regime by the Arab League, Western countries and the European Union have failed. But what needs to be explained now is the reluctance of the IC and superpowers from intervening to stop the mass atrocities against children in Syria although all the initiatives were exhausted. Two main factors that explain the failure of the IC in providing protection to children

14 education: the Russian and Chinese vetoes and the overlapping interests among the regional and international powers (Adams, 2015: 3).

One can asked why the IC had applied the principle of R2P children in Libya, while ignoring its use in Syria despite the killing of thousands of Syrian children and deprived millions of their education in various types of weapons? Akbarzadeh and Saba (2018) argue that R2P has been tarnished since the intervention and regime change in Libya under the banner of R2P. Therefore, it undermined international trust in the principle which gave the IC excuse to refrain from using it in the Syrian case. Their pretext is that R2P is used as a tool for superpowers foreign policy agendas (Akbarzadeh & Saba, 2018: 3).There is an immediate link between the failure of the UNSC over Syria and what happened in Libya (Akbarzadeh & Saba, 2018: 7).

Bellamy (2014) is one of the advocates of R2P refuses the connection between the Libyan and Syrian case. Bellamy argues that the political and military factors such as regime similarity of the Russian and Syrian, in addition to the Russian considerable economic and military interests in Syria, are the best explanation for the Russian vetoes in the UNSC to support the survival of the Syrian regime (Bellamy, 2014: 37). These are the Syria-specific political considerations behind the UNSC failure and the paralysis of the IC in providing effective protection to the Syrian children and their education.

Summary

After reviewing the legal frameworks and other literature regarding the protection of children education during armed conflict, this research found that this right is well-established in various provisions of IL. Despite the protection provided in IL, children education can be completely interrupted or can be at its weakest during armed conflicts. The lack of providing effective education protection can greatly reduce the likelihood of an educational environment that fosters or permits sustainable recovery for children during and after armed conflict. It is the institutional view that children education is not only an important goal in itself but also an entitlement to empower the access to other human rights. Also, to provide children future meaningful participation role in society and to promote universal respect for all's dignity, it is a right that deserves protection by all of us.

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In conclusion, this unique research provides a compilation and analysis of laws which can be a vital contribution to strengthening the protection of the Syrian children education and raising accountability. It also provides a set of IL with a latent power to guide those responsible for the protection of education in times of conflict and the foundation for accountability for the failures. The importance of this research lies in the intellectually high-quality methodology and theories chosen in analyzing the failure of the IC to protect children education in situations of armed conflict particularly in the Syrian case which will be discussed in the subsequent chapter. Furthermore, this research is distinguished from the previous studies because it will examine the contributions and effectiveness of the IC response in providing protection to children education in Syria.

CHAPTER 3

3. Theories and Methodology

3.1. Theories

In expectation, a review of major theories in international relations (IR) can provide an explanation for the behavior of the superpowers in their reluctance so far from humanitarian intervention in Syria to stop the mass atrocities against children and their education; although they have intervened in similar circumstances in other countries when they committed humanitarian violations against their populations.

3.1.1. The Realism Theory

Realism is one of the most intellectual theories in the interpretation of relations between States; it considers the relations between States from the reality of human nature, which is characterized by its selfishness. From this point IR represents a model of a struggle for power and influence among States that are concerned only with the protection of their national interests even if it is on the expense of human rights. Under an international system with no central authority to protect States from each other, each State must maintain its own survival. Conflicts and wars under this system are inevitable. It is imperative that peace does not depend on international law and international organizations but on the balance of power. Intervention may become necessary to maintain a balance of power (Dunne & Schmidt, Realism, 2017: 102-105).

16 Realism is based on a set of assumptions that constitute its intellectual origins:

1. IR is not based on ethical principles.

2. The national interests of States prevail in the foreign policy in all circumstances and therefore States do not abide by moral principles and IL.

3. The national interest of each State requires offensive military capabilities to defend itself and expand its control as a result of political, economic or cultural changes.

4. The international regime is an anarchic system in the sense that there is no central governing authority to control State behavior.

5. A State that wishes to preserve its sovereignty and independence must keep the power as the main driver of its behavior (Baylis, 2017: 242).

The elements of the theory agreed upon by realists include: First, Statism: the State is the basis of the theory of realism as a fundamental actor on the one hand and on the other hand the sovereignty of the State refers to the existence of an independent political community with legal authority over its territory. Second, survival: it is the first goal of the State, and this is the supreme national interest that leaders and politicians must commit to preserving it. Third, self-help: State cannot rely on any other State to ensure the survival of another State (Dunne & Schmidt, Realism, 2017: 109-111). On the basis of these pillars and elements, some proponents of this theory see that there are two factors that contribute to making cooperation between countries limited even after the end of the Cold War. First, the relations are based on distrust between States whether they are friends or enemies due to the change of balance of power. Second,the interest of States in favoring relative gains over absolute gains is one of the obstacles to cooperation between States (Dunne & Schmidt, Realism, 2017: 112-113).

3.1.2. The Liberalism Theory

Liberalism dominated international politics between the First and Second World Wars, the period in which the literatures of IR began (Dunne, 2017: 117). Kant believes the desire of human being is freedom and flourishing, therefore, liberals assert on democracy, International trade and international institutions as means to a more peaceful world (Russet, 2013: 94-95). As mentioned above liberal institutionalists were influenced by Kantian three pillars to prevent conflicts and they are as followed:

17 1. Democracy: According to Kant, democratic countries abstain from waging war against

other democratic countries.

2. International Trade: Usually trade relies on peace prospects with a trading associate, thus conflicts jeopardize the access to capital and markets.

3. International organizations (IGOs): IGOs such as the UN can restrict decision-makers by promoting peace positively. Also, if there is a conflict or dispute, it may play a role of mediation between conflicting parties or coercing violators (Russet, 2013: 102).

Therefore, liberalism rejects war as a natural extension of world politics.It also refuses to regard the conflict as a natural state of relations between States, and can only be mitigated by the balance of power and the establishment of alliances against the State that threatens the regime. Liberalism also is skeptical of the view that say the State is the only actor in world politics, although liberals do not deny its importance but they consider multinational corporations and transnational actors as highly important on some issues within global politics.It underscores the premise of the harmony of interests among States, the dissertation of world peace and good governance and the emphasis on universal moral principles. It also focuses on international cooperation to overcome the negative consequences of international chaos, through the influence of international institutions on the behavior of States, which leads to narrowing of the schism (Dunne, 2017: 118-122).

Therefore, liberalism is not concerned with the concepts of the State and the international order as much as it is about the individual, the public and humanity. The human conscience is the supreme authority in moral issues and morality is a priority in IR.Liberalism views the concept of human rights on the basis that the individual has natural rights where the dignity is ensured through a political system that brings happiness to the members of society by protecting their fundamental rights. The protection of human rights can only be achieved through the adoption of democracy based on the principle of popular sovereignty. Human rights in the liberal sense are the essence of the democratic system and the purpose of the law (Dunne, 2017: 123-125).

3.2. Methodology

For the purpose of this research, textual analysis method will be adopted which is a tool for interpretation to obtain specific answers. Textual analysis is a method that concentrates on micro scale tasks and processes that create social reality in and through texts and books.Textual

18 analysis has been used in various ways across the social and humanities sciences to explain explicit and implicit meaning in texts.In addition, this method is not fixed to particular units of analysis where it can focuses on various types and amounts of texts (Pälli, Tienari, & Vaara, 2012: 2-5).

This methodology is limited to the analysis of the contents of the relevant texts at the international and regional level to reach correct conclusions. Also it will involve an analysis of international articles and other conventions, international law, international and regional documents of legal importance. Moreover, textual analysis will help to analyze the official statements of States or organizations official to find out the most important characteristics and general observations of those statements or behaviors. The focus will be on the valued elements of the protection of children education in situations of armed conflict under the legal frameworks. The advantage of this methodology is to explain to the reader why there was a failure of the IC response in providing the necessary protection to the Syrian children and their education during the ongoing armed conflict.

CHAPTER 4

4. Legal Protection of Children Education

Since this research examines violations of children education that occurs in situations of armed conflicts. This means that the research attention is focused on the challenges and impact that armed conflict may have on children education even though this right is well-established in IL. In this context, this research will attempt to address the protection of children education in situations of armed conflict through the most important legal frameworks. Thus, this chapter reviews the legal protection of the children education under the provisions of both of IHRL and IHL, and the applicability of this right in situations of armed conflict.

4.1. Protecting Children Education Under the Principles of IHRL

The right to education was enshrined in article 26 of the Universal Declaration of Human Rights (UDHR) for the first time at the global scale (UN, 1948). Furthermore, Article 4 of the Convention against Discrimination in Education (CDE) states that States Parties to provide elementary schooling for free of charge and obligatory and to make education at other levels

19 accessible and available to everyone. Moreover, the Convention provides for the guarantee of equal standards of education in all educational institutions.Additionally, it specifically refers to ensuring the protection of the rights of national minorities and providing non-discriminatory education (UNESCO, 1960).

4.1.2. Legally Binding Protection of the Right of Education

The right to education which was provided in the UDHR has become a legally binding right after the adoption of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in1966. Article 13 of the Covenant states: everyone has the right to education. The aims of education include the full development of the human personality and the preservation of its dignity, enabling everyone to contribute effectively to society and to promote respect for human rights. Primary education must be compulsory and free for all, including direct and indirect education considerations (OHCHR, 1966).

Moreover, the CRC is also a binding international treaty that establishes the necessary foundations for the care of children under 18 years of age.Article 28 of the CRC provides: States Parties must recognize the right of the child to free primary education and vocational education and to the need to take measures to reduce school drop-out rates. Furthermore, Article 29 provides: education must be directed at the development of the child's personality and talents and prepare for a life that senses responsibility and respect for human rights and the cultural and national values of the child's country and other countries (OHCHR, 1989).

4.1.3. Refugees and Displaced Persons Right to Education

According to Article 22 of the Convention relating to the Status of Refugees, States Parties must grant refugees the same treatment accorded to their nationals with respect to primary education and should be in the best possible form for the higher levels (UNHCR, 1951: 117). Also, Article 22 of the CRC provides that the Member States must provide special protection to refugee children and appropriate assistance to the enjoyment by such children of the rights contained in the convention including the right to education. Consequently the CRC may extend better protection for the child refugees than that provided by the Convention relating to the Status of Refugees, which shows to protect the rights of all children in respect of primary and secondary education as set out in the CRC (OHCHR, 1989).

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4.2. Protecting Children Education Under the Principles of IHL

Children right to education has been affirmed in both of the Fourth Geneva Convention 1949 (GC IV) and the Additional Protocols I and II (AP I) and (AP II) of 1977.

4.2.1. General Protection of Civilians

Thence, IHL does not particularly provide for the right to education, but many of its provisions aim to ensure the protection of children and schools in order for education to continue as it was before the eruption of conflict.According to Article 48 and 51 (2) of AP I and Article 13 (2) of AP II, conflicting parties shall differentiate between civilians and combatants and may only target military objectives in their attacks (ICRC, 1977).Thus, students, teachers and schools are protected by the principle of distinction, because they fall under the definition of civilians and civilian objects. Apart from the principle of distinction, Article 51 (4) of AP I and Article 85 (3) (b) of AP II defines general rules dealing with targeting. Article 51 (3) of AP I and Article 13 (3) of AP II deal with the lack of protection for civilians. Articles 23, 24, 38, 50, 76, 89 of the GC IV (ICRC, 1949), Articles 8 (a), 10 (1), 77 (1) of AP I and Article 4 (3) of AP II (ICRC, 1977) deal with the special protection of children in times of armed conflict. Each of these principles enhances the general protection granted to students and schools and pursue to secure the necessary conditions to make education accessible in armed conflict.

4.2.2. Protection of Education Under the GC IV, AP I and AP II

According to Article 24 of the GC IV, the parties to armed conflicts must ensure the necessary protection of the right to education for children under the age of 15 in an armed conflict who have been separated from their families. Article 50 of the GC IV also requires the Occupying Power to ensure the right to education of children in the occupied territories through the obligation of these States.In addition, Article 94 of the GC IV affirmed the right of detained children education to continue their studies (ICRC, 1949). Moreover, Article 78 (2) of AP I guarantees children right to education in times of armed conflict by obliging parties in the event of child evictions to follow up the provision of education to children during their stay abroad, including religious and moral education at the discretion of their parents (ICRC, 1977). Moreover, Article 4 (3) (a) of AP II contains an obligation for parties to conflicts to provide care and education including religious and moral education, to the wishes of their parents and guardians (ICRC, 1977).

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CHAPTER 5

5. The Situations of Syrian Children Education During the

Conflict

This chapter will focus on the situations of the Syrian children education and the impact of the armed conflict on them. Mainly this chapter will illustrate on the violations committed by the Syrian regime forces, its allies and the other armed groups against children and their education.

5.1. Background of the Syrian Conflict

Syria is witnessing the most brutal armed conflicts in this century, as its spark began on March 15, 2011, with peaceful protests against Assad's regime. But protests were met with brutal violence by the regime forces. The suppression of peaceful demonstrations led to the loss of hundreds of thousands of civilians including children, the displacement of millions internally and in various parts of the world. Soon, Syria has become an international crisis and a hotbed of conflict between regional and international powers.

Historical Context

On March 15, 2011 peaceful protests erupted after arresting and torturing 15 children; demonstrations were held throughout the country where brutally met by the Syrian regime forces. From the outset, the Syrian regime has sought to militarize the revolution to turn it into an internal war and a regional polarized conflict, drawing on the contradictions of the interests of the superpowers. The Syrian regime did not hesitate to bomb civilians with explosive barrels, chemical weapons, air strikes and the siege of cities, towns and villages that protested against it (Hasan, 2019).

Militarization of the Revolution

After the escalation of violence by the regime, many soldiers and officers began to break away from the regime forces, refusing to kill the civilians.After the increasing of the defections in the regime forces, the defected officers and soldiers formed the first military organization so called the "Free Syrian Army" (FSA).The crisis has led to the military intervention of Iran and Hezbollah and later the military intervention by Russia in 2015 in favor of Assad’s regime.The

22 events developed in the opposite front driving the rebels to the coalition in the face of the regime sometimes and sometimes fighting among each other (Hasan, 2019). This has led to the disappearance of some moderate organizations and the emergence of other extremist and racist organizations such as the Islamic State of Iraq and Levant (ISIL), (ISIS) or Da’ash, Al-Nusra Front, the Kurdish People's Protection Forces (YPG), the Syrian Democratic Forces (SDF) dominated by the YPG and many more (Chughtai, 2019).

The dispute remained between the parties to the conflict and those behind them and the conflict became more complicated by the emergence of ISIL and control over large areas of Syria. However, recently the areas controlled by ISIL were liberated by the SDF supported by international coalition and the United States (US) airstrikes and some areas were previously liberated by the FSA supported by the Turkish army (Hasan, 2019). Therefore, the Syrian territory has been divided to four zones: one is under the Syrian regime and its allies Russia and Iran; FSA and Turkey; the SDF and the US, and Hayat Tahrir al-Sham (HTC) previously known as “Al-Nusra Front” (Chughtai, 2019).

The governorates of Idlib and neighboring parts of Aleppo and Hama countryside are the last remaining major opposition strongholds inside Syria. Three million civilians are living within the governorate of Idlib, at least 1.5 million IDPs. On January 1, 2019 HTS waged an attack on major opposition groups, HTS managed to control a number of towns in Idlib, Aleppo and Hama countryside (GCR2P, 2019). However, the ongoing fighting between the HTC and other opposition groups and the continuity shelling and airstrikes by the regime forces and its allies put thousands of children lives and education at high risk.

The Continuity of Humanitarian Suffering

According to the Global Centre for the Responsibility to Protect (GCR2P), the estimated death toll since the beginning of the war in the early 2011 reached 560 thousand by March 2019. Years of continuing fighting have left 6.2 million IDPs and 5.6 million refugees worldwide. Also, about 13 million Syrians are in desperate need of humanitarian assistance and protection assistance (GCR2P, 2019). In December 2017 the UN report indicates that half of the displaced children inside Syria and living as refugees in host countries are out of school (Watt, 2018). The Syrian Network for Human Rights (SNHR) said that at least 28,226 children were killed in Syria since the outbreak of the conflict (SNHR, 2019). Nevertheless, the rest of this chapter will

23 mainly focus on the suffering of the Syrian children by concentrating on the violations against their right to education. Sadly, children in Syria were deprived of their education to be recruited, working, dying of starvation, displaced and separated from their family.

According to the UNICEF report on April 2018, about 2.8 million Syrian children are out of schools and 1.35 million at risk of dropping out. According to the report, 40 percent of the Syrian children out of school are between the ages of 15 and 17, which make them vulnerable to exploitation, both in terms of early marriage, child labor or soldier (UNICEF, 2018). The World Bank's 2017 analysis indicated that 53 percent of educational facilities throughout the country had been partially damaged and 10 percent had been destroyed (World Bank, 2017: 45). In the subsequent sections the researcher will discuss the factors that keep children out of schools in Syria which cause an increase of their suffering.

5.2. The Direct Impacts on Children Education

Syrian children stick to education in the hope for a better future despite living in a war-torn country. However, schools in Syria could not function as a protective learning environment because the education has been under deliberate attacks which worsen the situation of Syrian children during the conflict. The direct impact of armed conflict on Syrian children education is due to the following factors: direct and deliberate attacks on schools, the military use of schools, targeting students and teachers, child recruitment, and the impact of displacement.

5.2.1. Attack on Schools

The SNHR reported that there were 4360 incidents of aggression targeting 1356 schools since 2011; which caused about half of them to go out of service. According to the report, the Syrian regime bear responsibility for the attacks against 996 schools, Russian air forces for16 schools, and the international coalition forces for 87 schools, while the other conflict parties are responsible for attacks on the remaining number of schools (SNHR, 2018). According to the UNSC, attack on schools is considered to be one of the six grave violations on children. Attacks on schools are in principle, a violation of well-established IHL, including customary rules, and can constitute crimes against humanity and war crimes (UN, 2013: 19). Article 11, 18 of GC IV (ICRC, 1949) and Article 48 of AP I provides the prohibition of targeting the civilian objects, with emphasis on the importance of schools for children. Furthermore, Articles 48 and 52 of AP I and Article 13 (1) of Protocol II prohibit the deliberate targeting of schools when there is no

24 military necessity in accordance to general legal principle of distinction, which means that a distinction must be made between civilian objects and military objectives and protected from the consequences of military operations (ICRC, 1977).

According to the report of the Secretary-General on children and armed conflict in Syria, the indiscriminate attacks on schools by the Syrian regime air forces and shelling by armed forces continue to kill children and destroy their schools on a massive scale (UNSC, 2014: 10). Although, the UNSCR 2139 demanded that schools to be respected and protected from attack by all conflict parties in Syria (UNSC, 2014: 10). Moreover, the UNSC report on May 22, 2014 indicates that the Syrian regime forces were the main perpetrators of attacks against schools. Basing that on the attacks that took place between 1 January 2013 and 31 March 2014, the UN managed to document 60 attacks on schools, the regime forces alleged 51 attacks, 7 were alleged by the FSA and the remaining two attacks were alleged by unknown perpetrators (UNSC, 2014: 12).

The Syrian regime forces, backed by Russia, continue bombing schools in cities, towns and villages in the governorate of Idlib, in what appeared to be deliberate attacks on children education. After eight years of the conflict, the Syrian regime continues to demonstrate a total disregard for the laws of war and children life (Amnesty, 2019). Another example of attacking schools, according to Human Rights Watch, on March 22, 2017 the three-storey Badia Boarding school in Mansoura in Raqqagovernorate was completely destroyed due to being targeted by an air strike by the international coalition killing at least 40 displaced civilians who had taken refuge there, including 16 children (HRW, 2017).

IHRL provides indirect protection of educational facilities under the legal protection of the right to education discussed in chapter 4. Article 13 (2) (e) of the International Covenant on Civil and Political Rights (ICCPR) provides for the establishment of a school network at all levels and the further improvement of the material conditions of teaching personnel. Thus, the right to education under IHRL involves the availability of facilities dedicated to the education of students and staff in education. Also, Article 3 (3) of the CRC provides: in all actions concerning children, States Parties should ensure the protection of facilities for the care of children especially in the areas of safety and health. Therefore, the indiscriminate attacks and unlawful destruction of schools including all material elements that enable the initiation of the educational process may result in human rights violations. Thus, the deliberate attacks by the Syrian regime

25 and its allies on schools and indiscriminate attacks that kill or injure children in schools are considered war crimes.

5.2.2. Military use of Schools

The UNSCR 1998 called on the conflicting parties to abstain from employing schools for military operations due to their effect on children access to education (UNSC, 2011: 3). Also, the UNSCR 2143 has gone further to illustrate that conflict parties should regard schools as civilian character as it was identified in IHL (UNSC, 2014: 5). Furthermore, the UNSCR 2225 insert the emphasis on the term "civilian character of schools" in accordance to IHL, which might mean recognition of the inherent civilian character of schools (UNSC, 2015: 3). The Committee on the Rights of the Child has also made similar calls for action (OHCHR, 2010: 8). The military use of schools has been considerably dangerous during the Syrian armed conflict.Using schools by the Syrian regime and opposing armed forces for military purposes may result in the killing and injury of children, in addition to the disruption of their education (HRW, 2013 ). According to the Secretary-General's 2014 report, military use of schools and attacks on schools in Syria severely impeded the children right to education. Both regime forces and armed opposition groups destroyed or damaged educational facilities (UNSC, 2014: 10).

The report documented the Syrian government's use of schools as detention centres, military bases, barracks and sniper outlets,all in the presence of classrooms (UNSC, 2014: 11). The Syrian regime has turned some 1,200 schools in Syria into detention centres and intelligence headquarters (SNHR, 2014). In March 2012, six children from Kafr Nabl in Idlib governorate were arrested and detained by the Syrian regime intelligence for 11 days in a local school. Furthermore, during the period between January 1, 2013, and March 31, 2014, the UN has documented 16 cases of schools being used for military purposes: 7 cases were by the FSA, 4 by the regime forces, 3 by the YPG and 2 by Jabhat al-Nusra (UNSC, 2014: 12).

Nevertheless, according to IHL the conflict parties may never use schools or occupy them for any of the following reasons: 1) If the purpose of such use is to intimidate and terrorize the civilian population as it was provided in Article 51 of AP I and Article 13 (2) of AP II. 2) If the purpose of the use is to destroy the facility and disrupt the teaching activityas it was stipulated in Article 23 of the Hague Regulations 1907 (ICRC, 1907), Article 50 of AP I and Article 51 of AP II (ICRC, 1977). 3)If using the civilian character of the facility as a shield for military occupiers

26 (human shields) as Article 28 of GC IV (ICRC, 1949) and Article 51 (7) of AP I (ICRC, 1977) provided. Therefore, the use of schools for military purposes and as detention centres by the Syrian regime constitutes a serious educational violation from the perspective of IL.

5.2.3. Targeting Students and Teachers

IHL prohibits direct and deliberate attacks against civilians not directly involved in hostilities, including students and teachers. Direct attacks against civilians including students and teachers are prohibited in Articles 48 and 51 of AP I and Article 13 (2) of AP II. These provisions are also part of customary IL applicable in situations of international and non-international armed conflict. They clearly spell out the prohibition of direct and deliberate attacks against students and teachers (ICRC, 1977). The protection of students and teachers is of paramount importance to ensuring the protection of education during armed conflict. Thence, attacks on students and teachers during the Syrian conflict pose serious challenges to the lives and safety of students and teachers and thus violate children right to education. These aggressions have affected thousands of children and teachers.

In 2013 UNICEF said in a press release that more than 110 teachers were reported killed and a lot of others are no longer teaching at their schools (UNICEF, 2013). Also, UNICEF pointed out in its 2015 report on Syria that more than 52,000 teachers and 523 school consultants left their jobs by 2015 because of the conflict (UNICEF, 2015: 8). Also, Save the Children stated that by 2015 one in five teachers has been killed or displaced which creates a shortage of teachers and thus become a great challenge on children education (Save the Children, 2016: 23). Further, Save the Children said that about 150,000 teachers have fled Syria since the beginning of the war (Save the Children, 2017: 8). On November 24, 2018, an attack by Syrian government forces near an elementary school in the town of Jarjanaz, in Idlib governorate, resulted in killing six children, a teacher, and a student’s mother. The HRW said that the attack on the elementary school in Jarjanaz town reassert necessity for the protection of civilian including students and teachers in Syria (HRW, 2019). This attack is an example of the unlawful and indiscriminate aggression by the Syrian regime on students and teachers in accordance to IHL provisions mentioned before.

27 The Representative of the Secretary-General for Children in Armed Conflict, Virginia Gamba, indicated that a 25 percent increase during the first quarter of 2018 in the recruitment and use of children in war in Syria (UN, 2018). As mentioned above that 40 percent of the dropping out of schools of Syrian children are between the ages of 15 and 17, which make them vulnerable to recruitment (UNICEF, 2018). Many children had been recruited at, or en route to or from, schools particularly to fight for the Syrian regime forces or other opposition forces in Syria.The participation of children in armed conflict is a flagrant education-related violation in both IHL and IHRL. Article 77 (2) of AP I, Article 4 (3) of AP II (ICRC, 1977) and Article 38 of the CRC provide that the recruitment of children under the age of 15 is prohibited.As mentioned before, IHRL contains similar provisions to IHL, but sets the age at eighteen in its Optional Protocol to the CRC (OHCHR, 2000).

According to Wessells, given the difficulties, economic pressures and circumstantial complexities surrounding children's decision to join the military, the term "voluntary" is not appropriate for most recruitment situations (Wessells, 1998). Moreover, the UN report on children in armed conflict documented 284 cases of child recruitment by ISIL in 2017. However, ISIL is not the only group guilty but the UN report has documented also 224 cases of child recruitment in 2017 by the YPG; 244 cases attributed to groups self-affiliated with the FSA and 73 cases by Government forces and its pro militias (UN, 2018: 26). Most cases of recruitment in Syria were derived from the dropping out of schools, social unrest, extreme poverty, identity and nationality, and some of them kidnapped by regime forces or other armed groups such as the YPG, ISIL and HTS at, or en route to or from, schools.

According to reports collected by the UN, on June 8, 2016, the Syrian regime and its pro-militias detained 150 students who were taking exams at Thib Antar School in the Jurah neighborhood of Deir al-Zour city. Most of the students were at the age of 17 years and it believed that they had been arrested for the military recruitment purpose (UN, 2016: 5). Despite pledges to stop the practice of recruiting children under 18, the YPG are still recruiting children, including female. Eight families in three displacement camps in northeastern Syria were interviewed by HRW, said that six girls and boys between the ages of 13 and 17 had been recruited by the YPG from the camps. One mother said that her 16-year-old son, when he was recruited, had a combat role and died while the group was fighting for the restoration of the city

28 of Raqqa. The HRW confirmed that 10 out of the 59 children reported to have joined the YPG last year were under the age of 15 (HRW, 2018).

The recruitment of children is a phenomenon that is difficult to curb and eliminate as long as the war continues in Syria. The UNSCR 2247 reaffirmed that providing good quality education in a safe climate in times of armed conflict is very significant to stop and prevent the enlisting of children. The UN urges to confronting all recruitment methods used by non-State armed groups targeting children, in particular through education and awareness-raising (UNSC, 2018: 2). Finally, as noted above, the recruitment of children under the age of 18 in hostilities is prohibited in IL and constitutes a war crime whether through compulsory or voluntary conscription. Regardless of the prohibitions imposed by IL, the recruitment of children is a major reason for depriving children of their education in times of conflict.

5.2.5. The Impact of Displacement

Although conflict, displacement, and violence have become part of daily life in Syria, children are steadfast in the hope of a brighter future through education.The conflict has cost hundreds of thousands of lives and forced 6.2 million people to flee their homes in Syria and 5.6 million refugees to seek safe haven in neighboring countries. As noted before, more than 2.8 million children in Syria and the neighboring countries are still out of school (UNICEF, 2018: 4).

Despite pledges from the UN General Assembly to return them to the classroom, refugee children lost about 700 million school days last year by 3.5 million registered refugee children. Save the Children said that about 730,000 Syrian refugee children in neighboring countries receive no education, making them more exposed to child labor, and early marriage.Because of the continuing obstacles in the past 12 months, Syrian refugee children in Jordan, Lebanon and Turkey have lost more than 133 million days of schooling. Furthermore, displaced children living in conflict areas lose their first school such as Raqqa, where more than 150,000 children have been displaced in recent months which expose them to child soldiers or lobar (Save the Children, 2017).

In the sub-districts of Areesheh, Hole, and Tal Hmis in Al-Hasakeh Governorate northeast of Syria which are controlled by the YPG, the displaced families refrain from sending their children to schools because of the imposed Kurdish curriculum by the YPG. Also, many parents in Raqqa and Deir ez-Zor governorates refused to send their children to schools because

29 of the educational curriculum imposed by ISIL which caused disruption of the educational process there.It is noteworthy to reaffirm that the families in Al-Hasakeh, Raqqa and Deir ez-Zor governorates also were worried about their children safety from indiscriminate bombing and abduction for child soldiers by either the YPG or ISIL (ACU, 2017: 13-14).

As mentioned above, Article 22 of the Convention Relating to the Status of Refugees of 1951 (UNHCR, 1951: 117), Article 22 of the CRC (OHCHR, 1989) provide that State Parties must protect, respect and fulfill the children right to education regardless of whether or not they have citizenship, as long as they reside in the territory of the State concerned. Moreover, principle 23 of the Guiding Principles on Internal Displacement, although not binding, reaffirm the right to free and mandatory education for internally displaced children, and stipulates that such education must be respected for the language, religion and cultural identity of children (UNHCR, 1998). All the aforementioned factors laid pressure and impact on displaced children education in many areas in Syria and the countries of refuge.

5.3. Findings

The research found that the Syrian regime and its allies have committed indiscriminate attacks on schools, students and teachers, in addition to the use of schools for military purpose and the recruitment of children without any respect to IL. Also, ISIL, YPG, SDF, HTC and other opposition groups have committed many crimes against children education such as child recruitment, attacks on schools and the use of schools for military purposes. Continued combating between opposition groups and a possible massive military attack on Idlib could endanger the lives of thousands of children and their education.The Syrian regime and its allies continue to commit war crimes using all its military resources to hold power even if it was at the cost of children lives and their future. Moreover, the researcher found that the Syrian children right to education was violated during the conflict inside Syria and in the neighboring countries in many occasions.

There were 4360 incidents of attack targeting at least 1356 schools which results in the destruction and damages of one in every three schools in Syria. As a result of that, more than 2.8 million children have been deprived of education in and outside Syria. Also, the aggressions on education led to child soldiers, labor and early mirage. Moreover, there were 825 cases of child recruitment documented by the UN in 2017. Although the UNSCR 2427 reaffirms its call upon

30 all parties to armed conflict in Syria to comply with their obligations under IL to protect children and their education, the suffering of children remains to present. The UN strongly condemns all the applicable IL violations including the attacks on schools, students and teachers, the military use of schools, the recruitment and abductions and urges all conflicting parties to abstain from actions that hinder the access of children to education. Also, the resolution urges the neighboring countries to respect their commitments to the refugee law by providing access to children to continue their education regardless of their legal status (UNSC, 2018: 4).

The research also found that the destruction of schools and fearing the potential attacks on schools contributed to prevent more than 2.08 million of children to education inside Syria. As a result, this research absorbed that despite all the international legal texts, the UN pledges and resolutions, the IC has failed to provide the necessary protection for children education during the Syrian conflict. Although the UN has repeatedly condemned the mentioned crimes, but no serious action was taken by the IC. In conclusion, there was no flawed in the provisions of IHL and IHRL that provide protection to children education but the problem is in the enforcement of these provisions by the IC. However, the following chapter will analyze the considerations that led to the failure of the IC in enforcing the provisions of IL.

CHAPTER 6

6. The International Community Response

This chapter is to explain the underlying considerations that overcome the legal considerations within the IC. Despite the condemnation of the Syrian regime and its allies to carry out mass atrocity crimes against children education by the UN and International Nonprofit Organizations (INGOs), the IC has not yet succeeded in providing the necessary protection to the Syrian children education. Since the beginning of the armed conflict in Syria, the response of the IC has not reached to the level of the horrible crimes committed against children.

However, one can ask why the IC has been failing in providing protection to Syrian children and their education although their rights are strongly guaranteed in IL. In order for the IC to apply the applicable provisions of the IL which provides protection to children education there must be a resolution by the UNSC to allow humanitarian intervention as the recent case in Libya (Adams, 2015: 3). But, the UNSC resolution has been linked to the agenda and interests of

31 superpowers in a manner that might go beyond the limits of IL. However, there have been cases where the IC fulfill its obligation to protect civilians avoiding the UNSC under the principle of R2P.In any case, R2P politics have been more dramatic than in the UNSC stalemate on Syria (Adams, 2015: 13).

6.1. The Principle of R2P

The principle of R2P states that the concept of sovereignty is not absolute and States should abandon their sovereignty if they fail to secure and protect their citizens from war crimes and ethnic cleansing. The R2P emerged in the 1990s during the Balkan wars and Rwanda when the IC failed to act to protect civilians during those wars.In 2009, UN Secretary-General Ban Ki-moon outlined the principle of R2P through three basic rules: Firstly, States must bear a responsibility to protect its populations under their jurisdiction from war crimes, genocide, ethnic cleansing and crimes against humanity. Secondly, it is the responsibility of the IC to assist States in fulfilling their obligations to protect civilians. Thirdly, if the State clearly fails to protect its people, the IC bears the responsibility to protect the civilians by using measures ranging from the use of peaceful to military means as a last resortwithout the prior approval of the UNSC (Fasulo, 2015: 166-167).

Therefore, the conflict in Syria meets the standards of human intervention in accordance with the principle of R2P. Far from protecting children, the regime has attacked schools, students and teachers heavily with tanks, artillery and warplanes, and thus peaceful means to protect children have been exhausted.Hence, it is the duty of the IC to consider stricter procedures at a time when the authorization of the UNSC appears to be politically impossible. Also, giving the pressing circumstances, the IC has the moral ground to take the necessary action under the principle of R2P. Children crisis in Syria is the most complete model of intervention under R2P and may be a ray of hope to spare Syrian children more tragedies and horrors (Adams, 2015: 11). But, without the UNSC authorization under Chapter VII of the UN Charter any military intervention would be illegal under IL (UN, 1945). Even though R2P is foremost a protective principle, it is aimed to focus at any possible forced measure against perpetrators of atrocities in a legally and morally legitimate manner (Adams, 2015: 13).

However, there have been several cases in which the superpowers intervened in the internal affairs of other States for political considerations outside the framework of IL, under the