Please answer the following:
The area of Syldavia within the State of Klow has, for many years, caused concern for the
international community. Klow has exercised control over Syldavia since 1957, when it
was awarded the territory in a Peace Treaty signed with Borduria; following a six week
military confrontation between the two States. The population of Syldavia are ethnically
‘Bordurian’. They are Muslim, ethnically distinct from the rest of the population in Klow,
who are members of the (Christian) Orthodox faith, and speak a different language from
them. The Constitution provides that Klow is a ‘Christian country, with Christian values’
and limits membership of Parliament, the executive (including senior political posts) and
the civil service to Christians.
The Syldavia population has, in unofficial opinion polls, regularly declared its desire to be
joined in a ‘Greater Borduria’, with the neighbouring State of Borduria. Further, a
Syldavian National Liberation Front (SNLF), has been created, to fight for ‘liberation and
independence’. Following a particularly brutal massacre by government forces in
Syldavia, which led to several thousand refugees fleeing to Borduria, the UN Security
Council adopted Resolution 5313 (2018) condemning the humanitarian suffering which
was occurring as a consequence of the conflict in Syldavia. Resolution 5313 (2018)
makes no mention of Chapter VII of the UN Charter. Following the adoption of the
Resolution, SNLF declares Syldavia to be an independent state and calls on Borduria to
send troops ‘in self-defence’. Borduria troops enter Syldavia and Klow taking control of
large parts of the territory outside of Syldavia ‘in order to prevent further acts of aggression
by Klow on Syldavia.’
Critically evaluate the application of international law to the above problem.