Moon Of Alabama
The Scientific Services of the German Bundestag are the equivalent to the Congressional Research Service in the United States. Members of Parliament can ask the services to give their neutral expert opinions on legal questions and other issues. Opinions by the Scientific Services are held in high regard.
Alexander Neu, a Member of Parliament for the Left Party in Germany, requested an opinion on the legality of the military presence and operations by Russia, the United States and Israel in Syria.
The result (pdf, in German) is quite clear-cut:
- Russia was asked by the recognized government of Syria to help. Its presence in Syria is without doubt legal under International Law.
- U.S. activities in Syria can be seen as two phases:
Regime Change
The provision of arms to insurgents in Syria by the U.S. (and others) was and is illegal. It is a breach of the Prohibition on the Use of Force in international law specifically of the UN Charter Article 2(4):
The U.S. argues that its presence in Syria is in (collective) self-defense under Article 51 of the UN Charter because the Islamic State in Syria threatens to attack the United States. That, in itself, would be insufficient as Syria is a sovereign state. The U.S. therefore additionally claims that the Syrian state is "unwilling or unable" to fight against the Islamic State.
The Scientific Services says that the claim of "unwilling or unable" was already dubious when the U.S. operation started. This for two reasons:
Read more
The Scientific Services of the German Bundestag are the equivalent to the Congressional Research Service in the United States. Members of Parliament can ask the services to give their neutral expert opinions on legal questions and other issues. Opinions by the Scientific Services are held in high regard.
Alexander Neu, a Member of Parliament for the Left Party in Germany, requested an opinion on the legality of the military presence and operations by Russia, the United States and Israel in Syria.
The result (pdf, in German) is quite clear-cut:
- Russia was asked by the recognized government of Syria to help. Its presence in Syria is without doubt legal under International Law.
- U.S. activities in Syria can be seen as two phases:
Regime Change
The provision of arms to insurgents in Syria by the U.S. (and others) was and is illegal. It is a breach of the Prohibition on the Use of Force in international law specifically of the UN Charter Article 2(4):
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.Fight against ISIS
The U.S. argues that its presence in Syria is in (collective) self-defense under Article 51 of the UN Charter because the Islamic State in Syria threatens to attack the United States. That, in itself, would be insufficient as Syria is a sovereign state. The U.S. therefore additionally claims that the Syrian state is "unwilling or unable" to fight against the Islamic State.
The Scientific Services says that the claim of "unwilling or unable" was already dubious when the U.S. operation started. This for two reasons:
Read more
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