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.

***

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.

Commenter Ignore Button by CK's Plug-Ins
Commenting at CK MacLeod's

We are determined to encourage thoughtful discussion, so please be respectful to others. We also provide a set of Commenting Options - comment/commenter highlighting and ignoring, and commenter archives that you can access by clicking the commenter options button (). Go to our Commenting Guidelines page for more details, including how to report offensive and spam commenting.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

Noted & Quoted

[E]ven Fox didn’t tout Bartiromo’s big scoops on Trump’s legislative agenda, because 10 months into the Trump presidency, nobody is so foolish as to believe that him saying, “We’re doing a big infrastructure bill,” means that the Trump administration is, in fact, doing a big infrastructure bill. The president just mouths off at turns ignorantly and dishonestly, and nobody pays much attention to it unless he says something unusually inflammatory.On some level, it’s a little bit funny. On another level, Puerto Rico is still languishing in the dark without power (and in many cases without safe drinking water) with no end in sight. Trump is less popular at this point in his administration than any previous president despite a generally benign economic climate, and shows no sign of changing course. Perhaps it will all work out for the best, and someday we’ll look back and chuckle about the time when we had a president who didn’t know anything about anything that was happening and could never be counted on to make coherent, factual statements on any subject. But traditionally, we haven’t elected presidents like that — for what have always seemed like pretty good reasons — and the risks of compounding disaster are still very much out there.

Comment →

So, does Mitchell make any money on the work, which has been shared so many times? He uploaded a high-res image of the symbol and granted permission for anyone to use it personally for free. But for those who want to support his work or simply want something readymade, you can also buy T-shirts, sweatshirts, mugs, and journals emblazoned with the symbol through Threadless.“I really just want to spread the image as much as possible and cement it in history,” Mitchell says. “In all honesty, the amount I’ve made from my Threadless shop so far is still less than my hourly rate, so I don’t really see it as a big deal. If you look at my Twitter, half the replies are people wanting to know where they can buy a shirt. Threadless is happy to help them out with that, and so I’m happy to let that happen.”Now that the symbol has flooded our streets and our timelines, Mitchell just has one request: “Impeach this idiot already,” he says.

Comment →

This is a Waterloo moment for Trump, the tea party and their alliance. They have been stopped in their tracks not only by Democratic opposition but because of a mutiny within their own ranks. Although never particularly liked or respected, it is now clear that they are no longer feared. The bankruptcy of their ideas and their incompetence have been exposed. Their momentum has been dissipated. Their rejection of political norms has itself been scorned. Our long national nightmare may finally be coming to an end.

Comment →
CK's WP Plugins

State of the Discussion

+ BTW, I recently upgraded some this and that on the back end of the blog, and it does seem to make comments post much faster [. . .]
Gutenberg: The Invention of the Printing Press, the Destruction of WordPress

For WordPress self-hosted people, there is already a "restore legacy editor" plugin, even though Gutenberg hasn't been installed yet as the default.

Gutenberg: The Invention of the Printing Press, the Destruction of WordPress
+ I thought you were on WordPress.com, not self-hosted WordPress. I can't find any info on WordPress.com and Gutenberg or Gutenbergerish editing, so I don't know [. . .]
Gutenberg: The Invention of the Printing Press, the Destruction of WordPress

Extraordinary Comments

CK's WP Plugins

Categories

Related