"Did Trump have clear authority under international law to attack Syria?" NY Times

"President Trump ordered the military on Thursday to carry out a missile attack on Syrian forces for using chemical weapons against civilians. The unilateral attack lacked authorization from Congress or from the United Nations Security Council, raising the question of whether he had legal authority to commit the act of war.

Mr. Trump and top members of his administration initially justified the operation as a punishment for Syria’s violating the ban on chemical weapons and an attempt at deterrence. But they did not make clear whether that was a legal argument or just a policy rationale.

The strike raises two sets of legal issues. One involves international law and when it is lawful for any nation to attack another. The other involves domestic law and who gets to decide — the president or Congress — whether the United States should attack another country.

Did Trump have clear authority under international law to attack Syria?

No. The United Nations Charter, a treaty the United States has ratified, recognizes two justifications for using force on another country’s soil without its consent: the permission of the Security Council or a self-defense claim. In the case of Syria, the United Nations did not approve the strike, and the Defense Department justified it as “intended to deter the regime from using chemical weapons again,” which is not self-defense. "  NY Times

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IMO it is very clear that the order for the strike on Shaykat air base in Syria was illegal in both international and US law.  The Democrats have been searching for grounds for impeachment.  Is commission of a criminal act using the powers of his office not an impeachable offense?  pl 

https://www.nytimes.com/2017/04/07/us/politics/military-force-presidential-power.html?_r=0

Comments

[Sans racines]

Apologies the BBC link has changed: http://www.bbc.co.uk/news/world-middle-east-39540019

[Sans racines]

Col Lang
Apologies I wrote too soon - still trying to find the correct bbc article again

[Peter AU]

I guess I'm a bit slow on the uptake, but now, whatever group in US politics has the power to impeach or block an impeachment totally controls the US. There is no longer a president nor executive power.

[John_Frank]

fyi, copy of letter sent by Pres. Trump to Congress setting out his reasons for launching the missile strike on the Syrian air base https://pbs.twimg.com/media/C86VewqW0AEk-Bd.jpg.

As I have postulated elsewhere, I am not convinced that Mr. Trump has changed his policy and is now seeking to push Bashir al-Assad out of office through regime change.

In any event, if it turns out that the Syrian Air Force did not launch a chemical weapons attack on April 4, but rather an attack on a weapons depot that released a chemical cloud causing a horrible tragedy, and the public turns on him for launching the air strike, will Mr. Trump blame the intelligence, saying that he was misled?

As to the constitutional issues, please read the following four tweets and linked articles by Professor Jonathan Turley:

The attack on Syria is the latest example of undeclared actions discussed in my recent column https://jonathanturley.org/2017/04/03/textualists-and-originalists-are-again-awol-as-the-u-s-moves-toward-greater-interventions-in-wars-on-syria-and-yemen/ … via @JonathanTurley
https://twitter.com/JonathanTurley/status/850313261815922689

Trump Strikes Syria As America’s Undeclared War Expands http://jonathanturley.org/2017/04/07/trump-strikes-syria-as-americas-undeclared-war-expands … pic.twitter.com/HJQZxPcGPD https://twitter.com/JonathanTurley/status/850315350352723969

Kaine just pressed by Cuomo on CNN on long failure of Dems to demand declarations of war. Kaine says "So What?" and the Constitution matters
https://twitter.com/JonathanTurley/status/850323888043163648

Rand Paul Calls For Congress To Demand War Powers Authorization . . . John McCain Says Paul Is “Wrong” and Alone In… http://jonathanturley.org/2017/04/08/rand-paul-calls-for-congress-to-demand-war-powers-authorization-john-mccain-says-paul-is-wrong-and-alone-in-the-senate
https://twitter.com/JonathanTurley/status/850703687710277633

Given what Pres. Trump said in his note to Congress, what is the best way forward?

He can side with Senator Rand Paul, put the whole matter to Congress and ask for a war powers authorization.

Alternatively, could he ask for a more limited resolution authorizing strikes against designated terrorist organizations in Syria, the insertion of troops, building of bases and so forth in north eastern Syria to go after ISIS, (all of which is currently authorized under international law further to existing UNSC resolutions concerning Syria) and limited strikes, if necessary against the Syrian Government to thwart further chemical weapons attacks, relying on national security and the responsibility to protect under international law?

Alternatively he can side with Senator John McCain among others and claim the necessary executive authority to act, while relying on the doctrine of the responsibility to protect under international law to justify future air strikes against Syrian air bases?

Should he put the matter to Congress, would this not negate the threat of possible impeachment, while allowing Congress to debate the matter and decide what authority, if any to grant the President in all the circumstances?

While this would make people like John McCain, Lindsey Graham, Marco Rubio and Tim Kaine unhappy, would it not give the public at large an opportunity to weigh in on the whole matter, including whether Congress should be authorizing further covert support for the opposition forces, so ending the effort to keep pushing the interventionist agenda of regime change, while supporting a political settlement?

[JMH]

Well she said take out his air fieldz plural, which would require blowing up Russian ADA sites and Russian airmen. Read: Batshit crazy and would gladly start WW3.

[Sans racines]

Col Lang
The link in my previous comment regarding Russia bashing is correct, it is the full stop following it which is causing it to fail i.e. Should only be http://www.bbc.co.uk/news/world-europe-39531339. Apologies for the messing around - new to this link extraction on typepad...

[Stueeeeee]

Our foreign minister resides in Tel Aviv.

[English Outsider]

Bobo,

The neocon stratagem of using a chemical weapons scandal to justify intervention, and that with no attempt to ascertain the truth of the matter, is fairly common. Nothing out of the way there. But as far as I could gather that's what Trump was elected not to do. Difficult to believe that people won't eventually notice the difference between the promise and the performance.

[Edward Amame]

b

RussiaGate is not off his back. And I'm still betting that the genesis of the FBI inquiry into Trump was his past (maybe current too?) business dealing with Russian oligarchs and mobsters.

[Edward Amame]

BillWade

Where'd you get that 65% from? Maybe on this site and on the alt-right, but I'm not sure the general population of Trump voters feel that way over this.

[Edward Amame]

Kutte

No. He saw some pics on tv, heard some options, and went with his gut. Welcome to the next almost 3.5 years.

[Edward Amame]

Col Lang

I wonder how big the ant-war wing of his voting bloc actually was? This may not do him in. Knuckling under to Ryan/McConnell will, though. IMO anyway.

[William R. Cumming]

The defense budget of the U.S. is completely out of whack IMO on SO-CALLED force projection policy and issues.

[William R. Cumming]

Respectfully disagree. A riddle wrapped in an enigma?

[William R. Cumming]

Alleged that like her father Ivanka would like someday to be President!

[William R. Cumming]

MSNBC-Beauty over brains?

[William R. Cumming]

AGREE!

[William R. Cumming]

IMO U.S. FP is to continue to consume 25% of the entire earth's resources annually and to protect the DEEP STATE!

[William R. Cumming]

NONE IMO!

[John_Frank]

fyi - The following report from the German website DW is not directly relevant to this post. It does help provide some insight into various European leaders thoughts on the situation including the rational for the strike, whether it was justified in all the circumstances despite a paucity of public evidence being put forward in support at the UNSC meeting, whether Mr. Trump is actually seeking to push forward with regime change as some are claiming; and what steps the EU is urging on a go forward basis. Keep in mind that Pres. Trump spoke with Chancellor Merkel before he launched the missile strikes.

EU urges diplomacy in Syria as ex-weapons inspector says US acted without proof EU politicians and a former weapons chief have urged for an investigation into a suspected chemical weapons attack in Syria following a US missile strike. European leaders also called for the resumption of peace talks. http://www.dw.com/en/eu-urges-diplomacy-in-syria-as-ex-weapons-inspector-says-us-acted-without-proof/a-38345413

Unfortunately the headline and lede is designed more to get people to click on the link. That written, it is worthwhile to take the time to read the report.

While it really does not matter, I suspect most European political leaders would be rather surprised that some people are gearing up to impeach Pres. Trump over his decision to launch the missile strikes.

[Clonal Antibody]

Col Lang,

While NYT may have said that Trump's actions were illegal, Their OPEds sure don't sound like they disapprove - Five Top Papers Run 18 Opinion Pieces Praising Syria Strikes–Zero Are Critical

Five major US newspapers — the New York Times, Washington Post, USA Today, Wall Street Journal and New York Daily News — offered no opinion space to anyone opposed to Donald Trump’s Thursday night airstrikes. By contrast, the five papers ran a total of 18 op-eds, columns or “news analysis” articles (dressed-up opinion pieces) that either praised the strikes or criticized them for not being harsh enough

[kooshy]

Colonel, thank you for this post, on legality and constitutionality of President' recent action it means a lot. On the matter of our president’ change of heart, I am willing to go out on limb and say, possibly there was a peace negotiation, or a sort of compromise between Trump family and the Borg. And probably Jared was the conciliary on behalf of the family. The good thing is that Ever since Trump’ position change on Syria, CNN and NBC, have stopped beating him 24/7 on Russian connection, even Fareed loves him now, and Brayan Williams our NBC’ reporter hero loves those glowing missiles lunching out. Our president is now a hero, and time for a noble peace prize.

[Bill H]

All:
CBS News reported that 60 Tomahawk missiles were fired; that one malfunctioned and went into the sea, and that 59 hit the targeted airfield. The piece from Conflicts Forum by Alastair Crooke says that 23 missiles hit the targeted airfield, and Moon of Alabama has reported the same number.

I certainly do not regard CBS News as a reliable source. The Tomahawk was introduced after I left the Navy, so I am certainly not an authority, but to the best of my knowledge it is a reliable and accurate missile.

So, can anyone confirm how many missiles did hit the airfield? If it was 23, would that be expected as normal performance for the missile? If not, what happened to the other three dozen missiles?

[fanto]

1664rm - I do remember your comment, and it was good. I wish I could find it again, but I don't know how.

[optimax]

The US military uses about 25% America;s energy use each year. Don't know about earth's resources--seems high.