Why Europe Lets People Drown - The Automatic Earth

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47. You're confusing the UN Refugee Convention with the UN Charter

If a Syrian makes it to France or its territory and seeks asylum, he should be accorded a status determination process consistent with the Convention. Many Convention signatories, such as France, also have an orderly Refugee Admission process that accepts applications from refugees outside of France. Signatories are also obligated to support refugees and displaced persons protected by UNHCR. That is the extent of France's obligation under the UN Convention on the Status of Refugees (1951) as modified by the 1967 Protocols.

That is different from the UN Charter and customary international law that make "aggressive war" a war crime.

If French military intelligence operators foment an armed uprising in Libya, which resulted in regime change and civil war, that is a violation of the prohibition against aggressive war in the UN Charter and customary international law unless France can show that has been authorized by the UN Security Council to do so. Both the US and France claim that the aerial bombardment they carried out against regime forces was consistent with UN authorizations. However, that claim does not apply to the covert destabilization that occurred and the arming of factions within the opposition. Organization of Libyan nationals to fight against the Syrian government is a further act of aggression which is not authorized by the UN. Acts of Aggression and Aggressive War amounting to Crimes Against Peace by states are defined as follows:

General Assembly Resolution 3314

On December 14, 1974, the United Nations General Assembly adopted Resolution 3314, which defined the crime of aggression. This definition is not binding as such under international law, though it may reflect customary international law.

This definition makes a distinction between aggression (which "gives rise to international responsibility&quot and war of aggression (which is "a crime against international peace&quot . Acts of aggression are defined as armed invasions or attacks, bombardments, blockades, armed violations of territory, permitting other states to use one's own territory to perpetrate acts of aggression and the employment of armed irregulars or mercenaries to carry out acts of aggression. A war of aggression is a series of acts committed with a sustained intent. The definition's distinction between an act of aggression and a war of aggression make it clear that not every act of aggression would constitute a crime against peace; only war of aggression does. States would nonetheless be held responsible for acts of aggression.

If, as a result of conditions of civil conflict created, persecuted groups and individuals flee abroad from Libya and Syria in boats, these persons should be treated as Convention Refugees to which any signatory country must extend an asylum process upon arrival and cannot turn them around and send them back to the country of persecution.