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OpEdNews Op Eds    H3'ed 6/22/16

US Bombing Syrian Troops Would Be Illegal

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Indeed, Security Council Resolution 2254, to which the cable refers, nowhere authorizes the use of military force, and ends with the words, "[The Security Council] decides to remain actively seized of the matter." This means that the Council has not delegated the power to attack Syria to any entity other than itself.

If the U.S. were to mount an armed attack on Syria, the Charter would give Assad a valid self-defense claim, and Russia could legally assist Assad in collective self-defense under Article 51 of the Charter. Moreover, forcible "regime change" would violate Article 1 of the International Covenant on Civil and Political Rights, which the U.S. has also ratified.

Although it's true that the "dissent" cable eschews the use of U.S. "ground forces," its recommendation that the U.S. should bomb Assad's government would involve U.S. military personnel who would fly the bombers or fire off the missiles. And, such an operation would invariably necessitate at least a limited number of U.S. support troops on the ground.

Opposition to Violent 'Regime Change'

Many commentators have warned of dangers from a U.S. military attack on Syria, risks that are either ignored or breezily dismissed by the "dissent" cable.

Journalist James Foley shortly before he was executed by an Islamic State operative, known as Jihadi John.
Journalist James Foley shortly before he was executed by an Islamic State operative, known as Jihadi John.
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Jean Aziz cautions in Al-Monitor, "the recommendation of military strikes against the Syrian government -- no matter how well intentioned -- is, in the end, escalatory, and would likely result in more war, killing, refugees, less humanitarian aid reaching civilians, the empowerment of jihadis and so on."

The United States is already empowering jihadis, "going out of its way to protect the interests of al-Qaeda's closest and most powerful ally in Syria, Ahrar al-Sham," Gareth Porter wrote in Truthout. Porter reported that Ahrar al-Sham, which works closely with the Nusra Front, "is believed to be the largest military force seeking to overthrow the Assad regime in Syria, with at least 15,000 troops."

So, in seeking Assad's ouster, the U.S. has terrorist bedfellows. So much for the "global war on terror."

As CIA Director John Brennan recently told the Senate Intelligence Committee, "Our efforts have not reduced [Islamic State's] terrorism capability and global reach," adding, "The branch in Libya is probably the most developed and the most dangerous."

No wonder President Obama told Fox News "the worst mistake" of his presidency was not planning for the aftermath of U.S. regime change in Libya, although he stubbornly maintains that ousting President Muammar Gaddafi was "the right thing to do."

The Center for Citizen Initiatives, a group of U.S. citizens currently on a delegation to Russia in order to increase understanding and reduce international tension and conflict, issued a statement in strong opposition to the "dissent" cable. Retired Col. Ann Wright, anti-war activist Kathy Kelly and former CIA analyst Ray McGovern are part of the group.

"It is not the right of the USA or any other foreign country to determine who should lead the Syrian government," the statement says. "That decision should be made by the Syrian people."

The statement urges the State Department "to seek non-military solutions in conformity with the UN Charter and international law." It also urges the Obama administration to "stop funding and supplying weapons to armed 'rebels' in violation of international law and end the policy of forced 'regime change'." Finally, the statement calls for "an urgent nation-wide public debate on the U.S. policy of 'regime change'."

This is sage advice in light of the disasters created by the U.S. government's forcible regime change in Iraq and Libya, which destabilized those countries, facilitating the rise of ISIS and other terrorist groups. There is no reason to believe the situation in Syria would be any different.

Instead of saber-rattling against Assad, Russia and Iran, the Obama administration should include them all in pursuing diplomacy toward a political, non-military settlement to the Syrian crisis.

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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