Legitimacy of Intervention in Syria: Three Things to Know
Videos

Legitimacy of Intervention in Syria: Three Things to Know

August 29, 2013 5:02 pm (EST)

Legitimacy of Intervention in Syria: Three Things to Know
Explainer Video

The United States has been considering military strikes against Syrian government targets in response to what it says is strong evidence that the regime used chemical weapons. However, such strikes will face tough questions about their legality, says CFR’s Matthew Waxman. He offers three things to know about how international law applies to this situation.

More From Our Experts

Legal Grounds: Without a UN Security Council resolution authorizing "universally agreed-upon" force, or a claim of self-defense, a state would not have the legal grounds necessary to intervene in Syria, says Waxman. The United States and its partners do not have a resolution or a strong self-defense argument, according to Waxman. Although the United States could make an argument that chemical weapons pose a threat to the region, "they’re really defending the Syrian people in an internal civil war," he says.

Precedent: Despite treaties outlawing chemical weapons use, there is no precedent for using military intervention as a response to violations, Waxman argues. Although the United States and its allies have a strong interest in deterring the use of chemical weapons, any military intervention would "really be stretching existing law," says Waxman.

More From Our Experts

Extraordinary Circumstances: If there is no legal basis for military intervention in Syria, any use of external force on Syrian government targets could be justified "as necessary to avert a humanitarian catastrophe," Waxman says. States are more accepting of intervention in extreme circumstances and when all diplomatic options have been exhausted, he argues.

Top Stories on CFR

United States

Each Friday, I look at what the presidential contenders are saying about foreign policy. This Week: Joe Biden doesn’t want one of America’s closest allies to buy a once iconic American company.

Immigration and Migration

Dara Lind, a senior fellow at the American Immigration Council, sits down with James M. Lindsay to discuss the record surge in migrants and asylum seekers crossing the U.S. southern border.

Center for Preventive Action

Every January, CFR’s annual Preventive Priorities Survey analyzes the conflicts most likely to occur in the year ahead and measures their potential impact. For the first time, the survey anticipates that this year, 2024, the United States will contend not only with a slew of global threats, but also a high risk of upheaval within its own borders. Is the country prepared for the eruption of election-related instability at home while wars continue to rage abroad?