Originally appeared on The American Conservative.
Jack Goldsmith and Oona Hathaway review the preposterous legal “arguments” in support of yesterday’s illegal attack. Here they address the erroneous claim that the attack was justified under international law because it was a response to the use of banned chemical weapons:
Nowhere does the [Chemical Weapons] Convention provide for unilateral uses of force in response to a breach of the Convention. And if it had, there’s a good chance no state would ever have joined it. And putting the treaty to one side, there is no reason at all to think that any related “norm” prohibiting the use of chemical weapons can be enforced with force outside the Charter framework [bold mine-DL].
Put simply, member states can’t ignore the U.N. Charter’s prohibition against using force against other states in the name of enforcing other international norms. Syria’s violations of its international obligations do not give other states license to disregard their own by launching military attacks against them. The U.S. and its allies don’t have any legal support for what they have done, and they make a mockery of their professed concern for international order when they wantonly undermine one of the core protections of the UN Charter.
Continue reading “Don’t Fall for the Chemical Weapons Convention Justification”