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U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues

Published online by Cambridge University Press:  29 March 2017

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Extract

Starting in February 2016, the United States and Russia reached a series of agreements aimed at establishing a cessation of hostilities in the Syrian civil war and facilitating a political settlement of the underlying conflict. Although the agreements showed initial promise, various breakdowns led the United States to suspend bilateral communications with Russia regarding maintenance of the agreements by October 2016.

Type
Case Report
Information
American Journal of International Law , Volume 111 , Issue 1 , January 2017 , pp. 170 - 181
Copyright
Copyright © 2017 by The American Society of International Law 

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References

1 Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 109 AJIL 199, 203 (2015)Google Scholar.

2 See Ministry of Defence of the Russ. Fed'n Press Release, Russian Aviation Performed High-Accuracy Strikes Against International Terror Organization ISIS (Sept. 30, 2016), at http://eng.mil.ru/en/news_page/country/more.htm?id=12059172@egNews; see also Ministry of Foreign Aff. of the Russ. Fed'n Press Release, Foreign Minister Sergey Lavrov's Remarks and Answers to Media Questions Following a Meeting with US Secretary of State John Kerry, New York, September 30, 2015 (Oct. 1, 2015), at http://www.mid.ru/en/web/guest/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/1819477 [hereinafter Sergey Lavrov's Remarks].

3 See Sergey Lavrov's Remarks, supra note 2.

4 Office of the Director of National Intelligence, Worldwide Threat Assessment of the US Intelligence Community 17–18, 22–23 (Feb. 9, 2016), at https:// www.dni.gov/files/documents/SASC_Unclassified_2016_ATA_SFR_FINAL.pdf.

5 U.S. Dep't of State Press Release, Joint Press Availability with Russian Foreign Minister Sergey Lavrov and UN Special Envoy Steffan de Mistura (Oct. 30, 2015), at https://2009-2017.state.gov/secretary/remarks/2015/10/249019.htm.

6 U.S. Dep't of State Press Release, Statement of the International Syria Support Group (Feb. 11, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/02/252428.htm.

7 Id.

8 U.S. Dep't of State Press Release, Joint Statement of the United States and the Russian Federation, as Co-Chairs of the ISSG, on Cessation of Hostilities in Syria (Feb. 22, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/02/253115.htm [hereinafter U.S.-Russia Joint Statement on COH].

9 See id.

10 Daugirdas & Mortenson, supra note 1, at 209. In July 2016, al-Nusra's leader announced that the group would henceforth call itself “Jabhat Fath al Sham.” See U.S. Dep't of State Press Release, State Department Amendments to the Terrorist Designation of al-Nusrah Front (Nov. 10, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/11/264230.htm.

11 U.S.-Russia Joint Statement on COH, supra note 8. (“The nationwide cessation of hostilities is to apply to any party currently engaged in military or paramilitary hostilities against any other parties other than ‘Daesh,’ ‘Jabhat al-Nusra,’ or other terrorist organizations designated by the UN Security Council.”).

12 U.S. Dep't of State Press Release, Daily Press Briefing (Feb. 22, 2016), at https://2009-2017.state.gov/r/pa/prs/dpb/2016/02/253123.htm.

13 U.S. Dep't of State Press Release, Remarks with Chinese Foreign Minister Wang Yi (Feb. 23, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/02/253164.htm.

14 U.S. Dep't of State, Fact Sheet on U.S.-Russia Arrangement on Reducing Violence in Syria (Sept. 9, 2016) [hereinafter U.S.-Russia Arrangement Fact Sheet].

15 See, e.g., Ministry of Foreign Aff. of the Russ. Fed'n Press Release, Foreign Minister Sergey Lavrov's Remarks at the UN Security Council High-Level Briefing on the Situation in the Middle East and North Africa (Sept. 21, 2016), at http://www.mid.ru/en/web/guest/general_assembly/-/asset_publisher/lrzZMhfoyRUj/content/id/2458378 (“Russia and the United States as the ISSG co-chairs worked for over six months to coordinate concrete agreements”); id (referring to coalition air strikes as a “blatant violation of the cessation of hostilities regime”); Pres. of Russia Press Release, Readout of Telephone Conversation with Federal Chancellor of Germany Angela Merkel (Sept. 29, 2016), at http://en.kremlin.ru/events/president/news/52990 (“The President of Russia again stressed how important it is for the United States to fulfil its promises to ensure the separation of the so-called moderate opposition from terrorist groups.”).

16 S.C. Res. 2254 (Dec. 18, 2015). Resolution 2254 asked the secretary-general to “convene representatives of the Syrian government and the opposition to engage in formal negotiations on a political transition process on an urgent basis.” Id., para. 2. The Resolution also demands “that all parties immediately comply with their obligations under international law” and “[c]alls on the parties to immediately allow humanitarian agencies rapid, safe and unhindered access throughout Syria by most direct routes, [and to] allow immediate, humanitarian assistance to reach all people in need, in particular in all besieged and hard-to-reach areas.” Id., paras. 12–13.

17 U.S.-Russia Joint Statement on COH, supra note 8.

18 Id.

19 Id. The United Nations Security Council endorsed the COH in Resolution 2268. S.C. Res. 2268 (Feb. 26, 2016). The resolution called on the parties to the COH to comply with international law, reduce hostilities, permit access to humanitarian aid, and engage in political negotiations for a final settlement. Id., paras. 5–8. See also Samantha Power, U.S. Ambassador to the United Nations, Explanation of Vote at the Adoption of UN Security Council Resolution 2268 on the Cessation of Hostilities in Syria, Remarks Following UN Security Council Vote (Feb. 26, 2016), at https://2009-2017-usun.state.gov/remarks/7156.

20 U.S. Dep't of State Press Release, Joint Press Availability with French Foreign Minister Jean-Marc Ayrault, German Foreign Minister Frank-Walter Steinmeier, British Foreign Secretary Philip Hammond, EU High Representative Federica Mogherini, and Italian Foreign Minister Paolo Gentiloni (Mar. 13, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/03/254644.htm.

21 Id.

22 Id.; see also U.S. Dep't of State Press Release, Adherence to the Cessation of Hostilities (Mar. 11, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/03/254633.htm.

23 U.S. Dep't of State, March 26 – U.S.-Russia Standard Operating Procedures to Support the Cessation of Hostilities (Sept. 9, 2016), at https://2009-2017.state.gov/documents/organization/262413.pdf.

24 Id.

25 Id.

26 In November 2015, the ISSG called on Syria to establish “credible, inclusive and non-sectarian governance” and “[f]ree and fair elections . . . pursuant to [a] new constitution . . . .” U.S. Dep't of State Press Release, Statement of the International Syria Support Group (Nov. 14, 2015), at https://2009-2017.state.gov/r/pa/prs/ps/2015/11/249511.htm. The ISSG additionally stated that the United Nations should supervise new elections consistent with “the highest international standards of transparency and accountability, with all Syrians, including the diaspora, eligible to participate.” Id. The ISSG echoed the Geneva Communiqué of 2012, which also called for a new constitution and inclusive government. Action Group for Syria Final Communiqué (June 30, 2012), at http://www.un.org/News/dh/infocus/Syria/FinalCommuniqueActionGroupforSyria.pdf.

27 U.S. Dep't of State Press Release, Remarks with Russian Foreign Minister Sergey Lavrov (Mar. 24, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/03/255138.htm.

28 Samantha Power, U.S. Ambassador to the United Nations, Remarks Following UN Security Council Consultations on Syria (Apr. 12, 2016), at https://2009-2017-usun.state.gov/remarks/7220 [hereinafter Power Remarks April 12].

29 U.S. Dep't of State Press Release, Attack on al-Quds Hospital in Aleppo, Syria (Apr. 28, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/04/256697.htm.

30 Id.

31 Power Remarks April 12, supra note 28.

32 Samantha Power, U.S. Ambassador to the United Nations, Remarks at a UN Security Council Open Debate on the Middle East (Apr. 18, 2016), at https://2009-2017-usun.state.gov/remarks/7231.

33 U.S. Dep't of State Press Release, Reaffirming the Cessation of Hostilities in Aleppo, Syria (May 4, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/05/256865.htm.

34 Id.

35 U.S. Dep't of State Press Release, Joint Statement of the Russian Federation and the United States on Syria (May 9, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/05/256998.htm.

36 Id.

37 Id. Resolution 2254 “[c]alls on the parties to immediately allow humanitarian agencies rapid, safe and unhindered access throughout Syria by most direct routes, [and to] allow immediate, humanitarian assistance to reach all people in need, in particular in all besieged and hard-to-reach areas . . . .” S.C. Res. 2254, supra note 16, para. 12.

38 President Assad's Parliament Speech (June 7, 2016), at http://www.presidentassad.net/index.php?option=com_content&view=article&id=1529:president-assad-s-parliament-speech-june-7-2016&catid=323&Itemid=496.

39 Russia to Provide Active Support for Syrian Army to Prevent Terrorists from Seizing Aleppo, TASS Russ. News Agency (June 6, 2016), at http://tass.com/defense/880324.

40 Id.

41 U.S. Dep't of State Press Release, Joint Press Availability with Russian Foreign Minister Sergey Lavrov (July 15, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/07/260134.htm [hereinafter Kerry Lavrov Press Availability July 15]; U.S. Dep't of State, July 15 – Approach for Practical Russian-American Efforts Against Daesh and Jabhat al-Nusra and Strengthening the Cessation of Hostilities (Sept. 9, 2016), at https://2009-2017.state.gov/documents/organization/262413.pdf [hereinafter July 15 U.S.-Russia Agreement]; see also U.S.-Russia Arrangement Fact Sheet, supra note 14.

42 July 15 U.S.-Russia Agreement, supra note 41.

43 Kerry Lavrov Press Availability July 15, supra note 41.

44 July 15 U.S.-Russia Agreement, supra note 41, para. 4(a).

45 Id., para. 4(c–d).

46 Samantha Power, U.S. Ambassador to the United Nations, Remarks at a UN Security Council Briefing on the Situation in Syria (July 25, 2016), at https://2009-2017-usun.state.gov/remarks/7381.

47 Id.

48 Id.

49 Id.

50 Samantha Power, U.S. Ambassador to the United Nations, Remarks at a UN Security Council Open Arria-Formula Meeting on Aleppo (Aug. 8, 2016), at https://2009-2017-usun.state.gov/remarks/7397.

51 U.S. Dep't of State Press Release, Daily Press Briefing (Aug. 16, 2016), at https://2009-2017.state.gov/r/pa/prs/dpb/2016/08/261082.htm.

52 U.S.-Russia Arrangement Fact Sheet, supra note 14.

53 U.S. Dep't of State Press Release, Remarks with Russian Foreign Minister Sergey Lavrov and UN Special Envoy Steffan de Mistura at a Press Availability (Sept. 9, 2016), at https://2009-2017.state.gov/secretary/remarks/2016/09/261722.htm.

54 See U.S. Dep't of State, September 9 – U.S./Russian Arrangement Reducing Violence, Restoring Access, and Establishing the JIC (Sept. 9, 2016), at https://2009-2017.state.gov/documents/organization/262413.pdf [hereinafter U.S.-Russian Arrangement Reducing Violence, Restoring Access, and Establishing the JIC]; see also U.S.-Russia Arrangement Fact Sheet, supra note 14.

55 U.S.-Russian Arrangement Reducing Violence, Restoring Access, and Establishing the JIC, supra note 54, para. 1.

56 Id.

57 Id., para. 2.

58 Id., para. 3.

59 Id.

60 Id., para. 4.

61 Id., para. 5, ann.

62 Id. at ann.

63 U.S. Cent. Comm. Press Release, Coalition Halts Airstrike in Progress Against Possible Syrian Military Position (Sept. 17, 2016), at http://www.centcom.mil/MEDIA/PRESS-RELEASES/Press-Release-View/Article/947839/coalition-halts-airstrike-in-progress-against-possible-syrian-military-position [hereinafter Cent. Comm. Press Release]; Ministry of Foreign Aff. of the Russ. Fed'n Press Release, Comment by the Information and Press Department on U.S.-Led International Anti-ISIS Coalition's Air Strike Against Syrian Government Forces’ Positions Near Deir ez-Zor (Sept. 18, 2016), at http://www.mid.ru/ru/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/2444527?p_p_id=101_INSTANCE_cKNonkJE02Bw&_101_INSTANCE_cKNonkJE02Bw_languageId=en_GB [hereinafter Russian Foreign Ministry Statement on U.S. Attack Against Syrian Troops].

64 Cent. Comm. Press Release, supra note 63.

65 Id. The United States and Russia signed a memorandum of understanding on air safety in Syria on October 20, 2015. U.S. Dep't of Defense Press Release, U.S., Russia Sign Memorandum on Air Safety in Syria (Oct. 20, 2015), at http://www.defense.gov/News/Article/Article/624964/us-russia-sign-memorandum-on-air-safety-in-syria.

66 Russian Foreign Ministry Statement on U.S. Attack Against Syrian Troops, supra note 63.

67 Id.; see also Al-Jaafari: Terrorist War on Syria Disclosed Fragility of International Law, Syrian Arab News Agency (Sept. 19, 2016), at http://sana.sy/en/?p=88431.

68 Samantha Power, U.S. Ambassador to the United Nations, Remarks Before UN Security Council Consultations on Syria (Sept. 17, 2016), at https://2009-2017-usun.state.gov/remarks/7437.

69 Id.

70 Id.

71 UN Relief Agency Calls for Prompt Investigation into the Attack on Aid Convoy in Syria, UN Web TV (Sept. 20, 2016), at http://webtv.un.org/meetings-events/watch/un-relief-agency-calls-for-prompt-investigation-into-the-attack-on-aid-convoy-in-syria/5134269761001.

72 Syria: UN Officials Condemn Attacks Against Aid Convoy and Warehouse in Rural Aleppo, UN News Centre (Sept. 20, 2016), at http://www.un.org/apps/news/story.asp?NewsID=54969#.WB-X2OErKRss.

73 Syria: Attack on Humanitarian Convoy Is an Attack on Humanity, Int'l Fed'n of Red Cross & Red Crescent Societies (Sept. 20, 2016), at http://www.ifrc.org/en/news-and-media/press-releases/general/syria-attack-on-humanitarian-convoy-is-an-attack-on-humanity.

74 Ban Ki-moon, UN Secretary-General, Address to the General Assembly (Sept. 20, 2016), at https://www.un.org/sg/en/content/sg/speeches/2016-09-20/address-general-assembly-bilingual-delivered-version.

75 Stephen O'Brien, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Statement on Convoy to Urum al-Kubra (Sept. 19, 2016), at https://docs.unocha.org/sites/dms/Documents/ERC_USG%20Stephen%20OBrien%20Statement%20on%20Urum%20al-Kubra,%20SYRIA%2019Sept16.pdf.

76 White House Press Release, Press Briefing by Press Secretary Josh Earnest and Ben Rhodes (Sept. 20, 2016), at https://www.whitehouse.gov/the-press-office/2016/09/20/press-briefing-press-secretary-josh-earnest-and-ben-rhodes.

77 U.S. Dep't of State Press Release, Strike on Humanitarian Aid Convoy in Syria (Sept. 19, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/09/262151.htm.

78 U.S. Dep't of State Press Release, Joint Statement on Syria by the Foreign Ministers of France, Italy, Germany, the United Kingdom, the United States, and the High Representative of the European Union (Sept. 24, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/09/262382.htm.

79 Id.

80 Ministry of Foreign Aff. of the Russ. Fed'n, Comment by the Information and Press Department on an Attack on a Humanitarian Convoy in Syria (Sept. 20, 2016), at http://www.mid.ru/en/web/guest/foreign_policy/international_safety/conflicts/-/asset_publisher/xIEMTQ3OvzcA/content/id/2453130.

81 Russia, Syria Did Not Deliver Strikes on UN Aid Convoy Near Aleppo—Ministry, TASS Russ. News Agency (Sept. 20, 2016), at http://tass.com/world/901003.

82 Id.

83 Ministry of Foreign Aff. of the Russ. Fed'n, Foreign Minister Sergey Lavrov's Television Interview for the Pozdnyakov Programme on NTV, September 26, 2016 (Sept. 26, 2016), at http://www.mid.ru/en/web/guest/meropriyatiya_s_uchastiem_ministra/-/asset_publisher/xK1BhB2bUjd3/content/id/2470301.

84 Russian Defense Ministry Says US, Syrian Opposition Fail to Fulfil Geneva deal, TASS Russ. News Agency (Sept. 19, 2016), at http://tass.com/politics/900792.

85 Id.

86 Army General Command: Truce Effect Ended, Armed Terrorist Groups Didn't Commit to Any of Its Terms, Syrian Arab News Agency (Sept. 19, 2016), at http://sana.sy/en/?p=88500; see also Syria Declares End of Ceasefire, US Seeks Clarification from Russia, RT (Sept. 19, 2016), at https://www.rt.com/news/359892-syria-ceasefire-over-army.

87 Army General Command, supra note 86.

88 Id.

89 U.S. Dep't of State Press Release, Suspension of Participation in Bilateral Channels with Russia Established to Sustain the Cessation of Hostilities in Syria (Oct. 3, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/10/262704.htm.

90 Id.

91 White House Press Release, Readout of the President's National Security Council Meeting (Oct. 14, 2016), at https://www.whitehouse.gov/the-press-office/2016/10/14/readout-presidents-national-security-council-meeting.

92 President of Russ. Press Release, Draft Law Suspending the Russia-U.S. Plutonium Management and Disposition Agreement Submitted to the State Duma (Oct. 3, 2016), at http://en.kremlin.ru/acts/news/53009; see also U.S. Dep't of State Press Release, Unofficial Composite Text of the United States-Russian Federation 2000 Plutonium Management and Disposition Agreement, as Amended, at http://www.state.gov/documents/organization/213493.pdf; Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 111 AJIL __ (2017)Google Scholar.