This five-part blog post is drawn from Michael G. Karnavas’s Seminar at the Brown University International Organization (BRIO) February 27, 2014. The complete piece is available on Michael’s website.
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3. Discussion on Syria—is there a legal basis or justification outside the Security Council?
The United States’ positions discussed seem to provide a justification for the use of force based on punitive reprisals and anticipatory self-defense. However, President Obama gave mixed messages. The US seems to be scoping out all the possible justifications for the use of force. An analysis of the legal rules governing countermeasures and reprisals, armed force in reaction to a breach of an international law norm is generally prohibited.[1] Similarly, the use of force in anticipatory self-defense is not regarded as lawful. It goes beyond the Caroline precedent as an armed attack from Syria on the US or UK is not imminent. A strict application of the UN Charter to determine the legality of the use of force under Articles 2(4), 39 and 42 leaves us with the proposition that any intervention outside the Security Council, apart from self-defense, would be unlawful. In regard to the UK position, R2P leaves us at square one—as it requires Security Council authorization. R2P does not solve any of the issues when there is Security Council deadlock. Continue reading “Brown University Seminar — Part IV”