What Do Top Legal Experts Say About the Syria Strikes? – Just Security

Stephen Pomper, former Special Assistant to the President and Senior Director for African Affairs, Multilateral Affairs and Human Rights, National Security Council:

Thursday night’s missile strikes have the potential to be enormously consequential, not just for Syria and the other countries to whom the U.S. government is trying to send a signal, but for the international order. Thus far, we have seen nothing by way of an international legal justification. There was of course no UN Security Council mandate for the action and, as others have noted, the facts that have emerged so far do not seem to support a traditional self-defense justification that would permit force to be used consistent with Article 2(4) of the UN Charter. While it may not be at the top of the Administration’s priority list to offer an international legal explanation for the strikes, what the U.S. government says and doesn’t say about its legal justification in any Article 51 letter to the U.N. Security Council, and beyond, has implications for the sovereignty of every country in the world, and requires the most sober consideration.

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Anthea Roberts, Associate Professor, Australian National University:

I have long been troubled by the claim that NATO’s use of force in Kosovo could be justified by the argument that it was “illegal but legitimate.” This approach seems to provide an initially attractive way of maintaining the prohibition on unilateral uses of force while permitting justice in individual cases. However, it is not a sustainable position over time given the role of state practice in developing international law. No matter how many attempts are made to characterize such uses of force as “exceptions” or “sui generis,” they weaken the Charter prohibition.

At the same time, if states that use such force do not provide a legal justification for their actions (as is true here of the US), and if other states fail to support the action as legal or condemn it as illegal (as is true here of a number of other states), it is not possible to move to a new resonance point where an exception is developed. Instead, we move into a grey zone where the old law is broken, a new legal exception remains unforged, and states instead resort to claims about legitimacy, morality and public policy. Legitimacy becomes a consideration external to the law, while the law ossifies and becomes increasingly irrelevant.

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The rise of the military, if coupled with the undermining of civilian aspects of national power, demonstrates a spiritual exhaustion and a descent into Caesarism. Named after Julius Caesar — who replaced the Roman Republic with a dictatorship — Caesarism is roughly characterized by a charismatic strongman, popular with the masses, whose rule culminates in an exaggerated role for the military. America is moving in this direction. It isn’t that some civilian agencies don’t deserve paring down or even elimination, nor is it that the military and other security forces don’t deserve a boost to their financial resources. Rather, it is in the very logic, ideology, and lack of proportionality of Trump’s budget that American decline, decadence, and Caesarism are so apparent.

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Foreigners often get Mrs Merkel all wrong. She is not the queen of Europe, nor has she any desire to be it. She is a domestic leader and politician whose mounting international stature is always a function of her ability to serve the interests and predilections of German voters. It is predominantly because Germans, for deep historical and cultural reasons, feel so “European” that that she talks and acts in a “European” way. Perhaps all the more for this, Mrs Merkel’s comments today illustrate how much Trumpandbrexit has hurt America and Britain in the past months. They have made it not just possible but also electorally beneficial for a friendly leader of a crucial partner to bash them in public. And more than that: to do it with sincerity.

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My hope is that you will continue to live our values and the mission of protecting the American people and upholding the Constitution.

DONNIE TRUMPO HAS INVOKED A CONSTITUTIONAL CRISIS AND HE’S WIPING HIS ASS WITH OUR MOST SACRED DOCUMENT THIS IS THE FOURTH TIME I HAVE EXPLICITLY TOLD YOU THAT YOU HAD BETTER STEP UP

If you do that, you too will be sad when you leave, and the American people will be safer.

SORRY YOU’RE GOING TO BE FIRED AS WELL BY THIS CANCER ON THE AMERICAN STATE IT’S GOING TO BE WORSE BEFORE IT GETS BETTER BUT THE COUNTRY’S FREEDOM IS ACTUALLY AT STAKE HERE DESTROY HIM LIKE A GREAT AVENGING EAGLE

Working with you has been one of the great joys of my life. Thank you for that gift.

IF I EVER MEANT ANYTHING TO YOU MY G-MEN AND G-WOMEN YOU WILL BURN THIS MOTHER DOWN

Jim Comey

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