The War on Syrian Girls 233
NGOs that offer protection services to victims of trafficking to ensure their help and support."175
Lastly, the Syrian government needs to "institute and apply a formal procedure to identify
trafficking victims among individuals arrested for consensual prostitution or illegal
Once Syria has improved its detection of sex trafficking offenders and victims, the
government can use various legal statutes and tools against kidnapping, pimping, and sexual
assault to prosecute trafficking cases.177 As referenced previously, Article 3 of Law 10 of 1961
prohibits prostituting a minor less than 16 years old, and enforces a sufficiently stringent penalty
"commensurate with the penalty for other grave crimes, such as rape."178 Furthermore, Decree 81
sets guidelines for conditions of domestic workers, with prescribed penalties including
imprisonment and fines.179 Ultimately, both the Syrian government and other foreign
governments must take various legal measures to combat and prevent further sex trafficking of
B. Intervention Guidelines for Foreign Governments
The Responsibility to Protect doctrine holds countries responsible to protect their
individual civilians from genocide, war crimes, ethnic cleansing, and crimes against humanity.180
The international community must also provide assistance to states in capacity building so that
they can protect their populations from these crimes; foreign governments must take "timely and
decisive action to prevent and halt these crimes when a state is manifestly failing" to protect its
population.181 Based on the fact that the Syrian crises are rapidly worsening and civilian
casualties are on the rise, the international community must assume this duty to intervene and
protect the Syrian population.
Under the law of armed conflict, to pursue the Islamic State within the borders of Syria,
the United States must either have the consent of Syria to enter its country, the authorization to
use force by the United Nations Security Council, or a legal basis under one of the theories of
self-defense under Article 51 of the U.N. Charter.182 As of the summer of 2016, Syria had not
expressly given the United States permission to go after the Islamic State within its borders.183
However, many legal scholars argue that the Syrian government has given the United States
implied consent to enter its country due to multiple statements concerning stopping the Islamic
State with its allies.184 Similarly, U.S. airstrikes against the Islamic State would benefit Syria
because the Islamic State continues to be one of the Syrian government's most powerful
opponents; it is thus reasonable to conclude that the Syrian government does not vehemently
oppose the intervention of U.S. forces within its borders. 185
179 U.S. DEP'T OF STATE, supra note 8, at 238.
180 Nanda, supra note 34, at 27-28.
182 Sliney, supra note 13, at 12.
184 Id. at 13.
185 Id. at 14.