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1 1 (April 17, 2017)

handle is hein.crs/govcjvv0001 and id is 1 raw text is: r~~w Con arers Reflsearch Service- - U.S. Strike on Syrian Airbase: Legal under International Law? April 17, 2017 In his letter to Congress under the War Powers Resolution, President Trump cited his Article II powers as his domestic legal authority for the April 6 missile strike on Al Shayrat airbase in Syria, but did not describe a legal basis to justify the action under international law. The missile strike may raise questions under international law including, in particular, whether the action is consistent with U.S. obligations under the U.N. Charter. The answer may in turn raise questions about whether the validity of the international legal basis has any bearing on the validity of the action pursuant to U.S. domestic law. This Sidebar provides a brief overview. Article 2(4) of the U.N. Charter prohibits the threat or use of force against the territorial integrity or political independence of another Member state unless an exception exists. There are at least three sets of circumstances that do - or may - constitute exceptions to this prohibition. The first basis for an exception is U.N. Security Council authorization grounded in the powers granted to it by Chapter VII of the U.N. Charter to respond to threats to international peace and security. That Chapter authorizes the Security Council to determine the existence of any threat to the peace, breach of the peace, or act of aggression and to make recommendations and take other actions to maintain or restore international peace and security. Express authorization from the Security Council would provide the clearest legal basis for military action in response to Syria's use of chemical weapons. However, while the U.N. Security Council has adopted resolutions regarding the situation in Syria (e.g., U.N.S.C. Resolution 2118, issued in 2013) that include language condemning the use of chemical weapons as a breach of international law and a threat to international peace and security, the Security Council has stopped short of authorizing the use of military force to enforce the prohibition. The second basis for an exception to Article 2(4) limitations on the use of force is when such action is taken in self-defense. Article 51 of the Charter explicitly recognizes the right of self-defense as an exception to Article 2(4)'s prohibition. Specifically, Article 51 states, Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations .... There has been no claim that Syria has conducted an armed attack against another nation. However, some theorists and practitioners, consider that there also exists a customary doctrine of inherent self-defense outside of the circumstances identified by Article 51. This doctrine would permit military action to counter a grave threat to regional peace and stability, even if that Congressional Research Service https://crsreports.congress.gov LSB10230 CRS kega! Sidebar Prepamd for lembe-q and Cori mte-es of colwess

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