[Evidently air strikes within Syria will have very different legal
implications from those in Iraq.
In case of Iraq, there is a standing request - in fact, a fervent appeal,
from the legally recognised government.
In case of Syria, it's only a section of the rebels who were/are clamouring
for US bombings - to save them from the genocidal Assad regime, not the
ISIS. That's not one and the same thing.
In the absence of any UNSC resolution authorising air strikes - which is
highly unlikely given the contour of forces, such interventions, on the
face of it, would remain pretty much "illegal".
Of course, legal pundits may split hair, nevertheless.
And, Obama speech on the road map to counter the threat of the ISIS,
delivered on the eve of the 9/11 this year, has virtually put "a coalition
of forces" as a necessary precondition for any whatever action - which of
course (very categorically) excludes any US/NATO boots on the ground.
The issue of "legality" is definitely going to count in that context.]
  Air strikes on Isis in Syria could be illegal

http://www.independent.co.uk/news/world/middle-east/islamic-state-air-strikes-on-isis-in-syria-could-be-illegal-9734474.html
     Andrew Grice
<http://www.independent.co.uk/biography/andrew-grice> [image:
Author Biography]

http://www.independent.co.uk/news/world/middle-east/islamic-state-air-strikes-on-isis-in-syria-could-be-illegal-9734474.html

Political Editor

Monday 15 September 2014








    David Cameron has been warned that UK air strikes against Isis in Syria
could be illegal under international law.

Officials in the House of Commons Library have cast doubt on the Prime
Minister's view that Isis targets could be bombed in Syria as well as Iraq
on the grounds that the Assad regime in Syria is "illegitimate."

In a briefing paper for MPs, officials said: "Action in Syria will be
difficult to justify legally without a request for assistance from the
Assad government, and it is unlikely that the West could be seen to be
responding to such a request.

"The British Government has said that any action in Syria will comply with
international law, and the most likely way to achieve this would be to
claim that military action is for humanitarian purposes, using the
Responsibility to Protect doctrine. This remains controversial, however,
without a United Nations Security Council resolution to authorise it."

Barack Obama is expected to chair a security council session to discuss
Isis during the UN general assembly in New York next week. Although the US
President and Mr Cameron will use the meeting to lobby other UN members to
join an international coalition against Isis, a vote on military action is
unlikely to be taken. Russia, an ally of Syria, could veto air strikes in
Syria.

Philip Hammond, the Foreign Secretary, who said last week that the UK would
not join the US in carrying out air strikes in Syria, insisted today that
no option had been ruled out. But he conceded that bombing in Syria would
be "an order of magnitude more difficult than air strikes in Iraq for all
sorts of reasons - military, legal and technical." Downing Street said the
Prime Minister's view had not changed since his previous comments. It
denied that a decision on military action had been delayed until after
Thursday's referendum in Scotland to avoid alienating voters who opposed
the 2003 Iraq war.

Pressure is mounting from Conservative MPs for the Government to commit to
air strikes, but an announcement is unlikely until after the UN session. Mr
Cameron could recall Parliament at the end of next week to seek its
endorsement of air strikes. Whips in the three main parties believe a
majority of MPs would support bombing in Iraq but are unsure about securing
backing for action in Syria.

 Syria warned that action without the cooperation of its government would
be a "big mistake" and a "big crime". Faisal Mekdad, the deputy foreign
minister, said: "Those who would like to fight terrorism cannot fight
terrorism in Syria or in Iraq without coordinated actions with both
governments and without a broader international coalition."

The Commons Library report warns: "Given that the full-scale invasion and
occupation for several years from 2003 onwards struggled to pacify Iraq,
air strikes alone are not likely to succeed. Isis controls large amounts of
territory, population and natural resources and is consequently far better
funded than the Sunni resistance which so troubled US forces after the 2003
invasion.

"What is more, air strikes are likely to result in civilian casualties as
Isis forces hide among the civilian population. This is conceivably their
aim - to provoke the West into military action which hurts Muslim
civilians, thus supporting their narrative of the West's 'war on Islam'."



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Peace Is Doable

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