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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[C]limate scientists have a strange kind of faith: We will find a way to forestall radical warming, they say, because we must.

It is not easy to know how much to be reassured by that bleak certainty, and how much to wonder whether it is another form of delusion; for global warming to work as parable, of course, someone needs to survive to tell the story. The scientists know that to even meet the Paris goals, by 2050, carbon emissions from energy and industry, which are still rising, will have to fall by half each decade; emissions from land use (deforestation, cow farts, etc.) will have to zero out; and we will need to have invented technologies to extract, annually, twice as much carbon from the atmosphere as the entire planet’s plants now do. Nevertheless, by and large, the scientists have an enormous confidence in the ingenuity of humans — a confidence perhaps bolstered by their appreciation for climate change, which is, after all, a human invention, too. They point to the Apollo project, the hole in the ozone we patched in the 1980s, the passing of the fear of mutually assured destruction. Now we’ve found a way to engineer our own doomsday, and surely we will find a way to engineer our way out of it, one way or another. The planet is not used to being provoked like this, and climate systems designed to give feedback over centuries or millennia prevent us — even those who may be watching closely — from fully imagining the damage done already to the planet. But when we do truly see the world we’ve made, they say, we will also find a way to make it livable. For them, the alternative is simply unimaginable.

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They were concerned that any pre-election response could provoke an escalation from Putin. Moscow's meddling to that point was seen as deeply concerning but unlikely to materially affect the outcome of the election. Far more worrisome to the Obama team was the prospect of a cyber-assault on voting systems before and on Election Day. They also worried that any action they took would be perceived as political interference in an already volatile campaign. By August, Trump was predicting that the election would be rigged. Obama officials feared providing fuel to such claims, playing into Russia's efforts to discredit the outcome and potentially contaminating the expected Clinton triumph.

This, right here. This is where they choked. The American people had damned close to an absolute right to the information their government already had. The most fundamental act of citizenship is the right to cast an informed vote. The idea that the Obama administration withheld the fact that the Russians were ratfcking the election in order to help elect a vulgar talking yam is a terrible condemnation of the whole No Drama Obama philosophy. Would Donald Trump have raised hell if the White House released what it knew? Of course, he would have. But, as it was, the American people went to vote with only about half of the information they needed to assess his candidacy. This was a terrible decision.

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Changing views of U.S. presidents over past decade and a halfAs Pew Research Center’s global surveys from George W. Bush’s presidency illustrated, many of Bush’s key foreign policies were unpopular, and by the time he left office Bush was viewed negatively in most of the countries we polled. His successor, Obama, generally received more positive ratings throughout his White House tenure.Today, in many countries, ratings for President Trump look very similar to those for Bush at the end of his term. This pattern is especially clear in Western Europe. In the UK, France, Germany and Spain, the low levels of confidence in Trump are very similar to the poor ratings for Bush in 2008.

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Wade McKenzie
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+ …the desperate last-gasp radicalism of American reactionary conservatives before the demographic deluge and the expected relegation of white-European Americans to “minority” status in “their own” [. . .]
Holy American Major League of Nations (Notes on Baseball and the Re-De-Nationalization of Americanism)
Wade McKenzie
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+ Speaking of George Friedman... The party of Chancellor Angela Merkel no longer uses the word “friend” to describe the United States in its platform. But in [. . .]
German Trust in America – the Trend (#OAG 12b)

just a note on your observation about the whiskey rebellion

https://youtu.be/ASZ7NXD4i1s

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