Once Was Not
Wingman
  
Posts: 638
Joined: Dec 2016
Reputation: 3
|
RE: Russia: "New World War" Starting In Syria
I've been wondering, what exactly is the legal justification we've been using for military involvement and bombing runs by the United States in Syria? Is it really just the accusation that Assad used chemical weapons on his own people? And therefore we have indefinite amount of time to do whatever we want inside the country? I can't think of any other excuse. Russia is allied with Syria and was invited in, that makes sense to me, I'm assuming Iranian forces were called in too. The U.S., Turkey, and Saudi Arabia getting involved without permission and no one questioning it is perplexing to me. We want to lecture the world on the locked in permanent borders of sovereign countries yet continue to do whatever we want as long as it feels good to leftists.
The legal basis for foreign military intervention in Syria
Not sure about this "middle east eye" website, never heard of it, but they have a lengthy article on the legal justification for Russia and the U.S. I skimmed most of it as I deem Russia having permission good enough of a reason and that's what the writer seemed mainly focused on. Here is the U.S. portion
Quote:US-led military intervention in Syria’s civil war
Security Council resolution 2249 (2015), which was adopted unanimously by the UNSC on 20 November 2015, calls upon member states “to take all necessary measures, in compliance with international law, in particular with the United Nations Charter,” against IS and the former al-Qaeda-affiliated Jabhat al Nusra - now the Levantine Conquest Front - both groups on Syrian and Iraqi soil.
Contrary to common belief, resolution 2249 does not authorise member states to use military force against the aforementioned groups, as it does not refer to Chapter VII of the UN Charter.
In order to provide member states with legal authority for the use of military force against the groups in question, a Security Council resolution needs to constitute a decision taken under Chapter VII of the UN Charter, which presents members states with a “loophole” to the general prohibition of the use of force encompassed in Article 2 of the UN Charter.
Therefore, the US-led coalition is not authorised by any Security Council resolution to use military force in Syria.
The question, then, remains: in the absence of Syrian regime-consent and/or a specific authorisation from the Security Council, does the US-led coalition have a legal basis for military action in Syria?
Throughout 2014, the internationally recognised government of Iraq requested “the assistance of the international community” to fight IS, and provided “express consent” for US-led intervention in Iraq.
For instance, in September 2014, in a letter sent to the president of the Security Council, Iraq emphasised that: “In accordance with international law and the relevant bilateral and multilateral agreements, and with due regard for complete national sovereignty and the Constitution, we have requested the United States of America to lead international efforts to strike ISIL sites and military strongholds, with our express consent.”
Thus, the air strikes launched by the US-led coalition against IS in Iraq have taken place on the legal basis of “intervention upon invitation”.
There is no “invitation” nor “express consent” from the Syrian regime for US-led coalition air strikes against IS in Syria, however.
Consequently, the actions of the US-led coalition in Syria have been legally justified using Article 51 of the UN Charter: the US-led coalition is exercising individual self-defence, and collective self-defence.
If self-defence is invoked against a non-state armed group – IS, in this case – it must be shown that the state in which the armed group is found – Syria – is “unwilling or unable” to prevent it from attacking other states. Ostensibly, Syria is “unable” to sufficiently degrade or destroy IS because the group controls a significant amount of territory within Syria’s borders that pro-regime forces have not been able to reclaim.
It can be argued, then, that acting in individual self-defence is permissible because the Syrian regime is “unable” to prevent IS from launching attacks against states, including the US, the United Kingdom and France.
Furthermore, it can be argued that acting in collective self-defence – on behalf of Iraq – is permissible because the Syrian regime is “unable” to prevent IS from attacking Iraq from Syrian territory.
Humanitarian intervention
As it did in 2011 against the Libyan regime of Muammar Gaddafi, the Security Council can authorise military intervention in Syria for humanitarian purposes provided that it has determined that there is a threat to international peace and security.
Why has the Security Council failed to do so against the Syrian regime? Whatever the reasons, the humanitarian dimension has been marginalised in Syria.
That sounds incredibly flimsy to me. Of course we will take "self defense" and stretch it out to an indefinite length of time excuse to do whatever military operations we feel like in Syria. When it reality it probably means to be able to strike back if terrorist forces in Syria fire upon our forces while in Iraq.
Are the US-led air strikes in Syria legal - and what does it mean if they are not?
And then we have a more mainstream website, surprisingly, publishing a piece by the Head of the Department of War Studies at King's College in London which seems to affirm the U.S. having no real legal reason to be in Syria.
Quote:Usually self-defence applies when a state has been attacked, and must use force to repel the attacker or prevent further attacks. Thus, the United States clearly exercised a legal right of self-defence when it used force against al Qaeda and their Taliban hosts in Afghanistan following 9/11. However, Islamic State has not attacked the United States. There is a right of anticipatory self-defence under customary international law, but here things get a bit murky.
Most international lawyers accept that states may use force pre-emptively against an immediate threat, for example, to strike first where there is clear evidence that an opponent is about to attack. Under the Bush administration, the United States claimed a right, exclusively to itself, to use force to prevent a threat from emerging.
This could be applied here, in that it might be argued that Isil presents a latent threat to the United States, with the potential for launching al Qaeda style attacks against US facilities in the region if not the US homeland. However, most international lawyers reject the notion that there is a right of preventive self-defence, recognising the danger that it simply gives licence for powerful states to use force aggressively.
Doesn't sound like preventative self-defense would even apply here, if it were a legitimate casus belli.
Quote:In the name of domestic security
States are permitted to use force to remove internal threats to their security, provided force is used in a manner that is consistent international humanitarian law, especially in terms of protecting civilian lives and property. States may further request military assistance from foreign powers, which may be legally given provided that the rebellion is not so widespread as to undermine the legitimacy of the government, as is the case in Syria. Isil has up to 30,000 fighters, and controls a large swathe of territory across Iraq and Syria (an area roughly the size of Jordan). However, ruling by fear, it lacks a widespread popular base of support, and therefore cannot be said to credibly challenge the legitimacy of the Iraqi state. The formation of a more representative Iraqi government under Prime Minister Haider al-Abadi, further undermines the legitimacy of the Isil insurgency.
Thus, since US air strikes against Islamic State targets in Iraq have occurred at the request of the Iraqi government, they are legal.
Syria and the United States see a common enemy in Isil. However, cooperation between the two is impossible. Following terrible war crimes by regime forces in the Syrian civil war, the United States no longer recognises the legitimacy of the Syrian government. The problem is that there is no legally recognised government to replace it. Thus, US air strikes have been conducted in Syria without a request from the national government. Thus, in bombing Islamic State targets in Syria, the United States cannot credibly claim that it used force in self-defence or at the request of the Syrian state exercising lawful force to suppress rebellion.
This was very interesting to me, especially the last part, looks like a very grey area of the law. And another blow to the "self-defense" casus belli.
Finally...
Quote:Not for the first time, the United States has acted illegally in using force in response to overriding humanitarian necessity. It did so in March 1999, when along with its Nato allies it launched an extended bombing campaign to stop atrocities by Serbian forces against civilians in Kosovo. In this case also, the United States could not claim it was acting in self-defence. Nor was military action authorised by the UN Security Council. Whilst there was just cause, humanitarian necessity is not recognised in international law as constituting a legal ground for use of force. Thus, among the Nato allies, only Belgian claimed a legal right to use force for humanitarian reasons.
State opinion was divided following Nato's war in 1999. Many states, especially western, recognised the legitimacy of Nato's actions even if few recognised the legality. Russia and China attempted to pass a UN Security Council condemning the Nato bombing as illegal. A year later, in April 2000, the G77 group of 133 non-industrialised states issued a statement rejecting the “so-called right of humanitarian intervention.” Not much has changed since 1999. Indeed, if anything, attempts by the Bush administration to claim a right of preventive self-defence and fallout over the dubious legality of the 2003 Iraq War, have hardened most states’ views against accepting the legality of humanitarian wars.
We've been here before, business as usual. familiar territory.
And
Quote:There is an added strategic imperative, in that Isil military advances threaten the viability of the Iraqi state, in which the United States has much invested, and threaten the stability of the wider region. This is underlined by the involvement of five Arab states – Bahrain, Jordan, Qatar, Saudi Arabia and the United Arab Emirates – in the strikes against Isil in Syria.
The upshot is that US strikes against ISIL in Syria are probably illegal but widely recognised as legitimate. We are likely to see a rerun of what happened in 1999. Some states may seek to reaffirm the illegality of using force for humanitarian ends or to otherwise interfere in the internal affairs of states. However, most states will welcome this necessary action and simply stay silent on the question of legality.
So we see the other countries piled into Syria because they want to do so, legal or not, and they'll get away with it because it's "the right thing to do" and the US will continue to do whatever the fuck it wants in the world. Look, I'm all for defeating ISIS, they are one of the most despicable entities the world has even known, but I think it's worth taking a look at the actions of the major players here and how, in practically broad daylight, the precious framework of the west just gets swept under the rug and no one raises their voice (aside from those evil Russians and commie Chinese). Sometimes I just can't get over the U.S.'s hypocrisy: following the law, respecting sovereign nations, yeah...whatever.
|
|