As readers of the blog no doubt know, Syria is is one of seven states that have not ratified the Chemical Weapons Convention (CWC). (The others are Angola, Egypt, Israel, Myanmar, North Korea, and South Sudan.) To consider Syria's use of chemical weapons as a rationale for attacking the country, the USG obviously needs to assume that the use of such...
The legality under international law seemed to play an important role in the U.K. Parliament's deliberations over whether or not to support a strike on Syria. The UK government issued an (admittedly bare bones) legal opinion which advanced a version of humanitarian intervention. So now that the U.S. Congress has taken up the same question, how important is the U.N....
President Obama's decision to seek authorization for military intervention in Syria is a watershed in the modern history of war powers. At no point in the last half century at least has a president requested advance congressional authorization for anything less than the full-scale use of force. Foreign Policy's David Rothkopf gets it exactly right: Whatever happens with regard to Syria, the...
In a surprise announcement, President Obama announced today that he will seek congressional approval for his plan to launch military strikes against Syria. This is a smart decision, both politically and legally, since it will force many of his congressional critics to reveal their preferences, and take a position on this very difficult issue. If they approve the strike, the...
[Jennifer Trahan is an Associate Clinical Professor, NYU Center for Global Affairs, chair of the American Branch of the International Law Association International Criminal Court Committee, and member of the American Bar Association 2010 ICC Task Force] As the U.S. prepares, with or without coalition partners, for a potential military strike against the Bashar al-Assad regime in Syria , it is important to consider the...
We have invited several academic luminaries to post here at Opinio Juris over the next few days about the ongoing situation in Syria. We also are going to follow in our own footsteps from our Kiobel symposium, by inviting young academics and practitioners to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we...
It might be premature to declare the death of the doctrine of humanitarian intervention under international law, but there is no doubt that doctrine suffered a massive blow when the British Parliament voted against a preliminary motion in favor of military strikes on Syria. To be sure, humanitarian intervention was not directly before the Parliament, but the UK government's international...
An interesting discussion recently broke out on twitter about whether the Security Council could refer the Syrian government's use of chemical weapons -- and only the Syrian government's use of chemical weapons -- to the ICC. Instead of breaking my thoughts into 60 tweets or so, I thought I'd be old-fashioned and write a blog post instead. The issue raises a...
Yes, the title is intended to be provocative. And yes, I think chemical weapons are indeed terrible. But statements like this -- offered by John Kerry in thinly-veiled support for using military force against the Syrian government -- still give me pause (emphasis mine): What we saw in Syria last week should shock the conscience of the world. It defies any...
[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide] August 28th will mark the 100th anniversary of the opening of the Peace Palace at The Hague. In commemoration of this, the Government of the Netherlands and Radio Netherlands Worldwide have brought a group of...
As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn't oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its...
My friend Dapo Akande has a superb post at EJIL: Talk! discussing whether the ICC could prosecute the use of chemical weapons by the government in Syria. I agree almost entirely with Dapo's analysis, but I do want to offer a couple of thoughts about his discussion of the Vienna Convention on the Law of Treaties: The argument that chemical weapons are...
