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United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale

Published online by Cambridge University Press:  29 November 2017

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Extract

On April 6, 2017, the United States launched air strikes against a Syrian government airfield, marking a new development in Syria's long-running civil war. U.S. involvement in the conflict had previously been limited to the provision of indirect support for some rebels and the use of direct force against certain nonstate actors, particularly Islamic State of Iraq and the Levant (ISIL). This changed in the wake of April 4, however, when a rebel-held town was hit by a nerve gas attack that killed more than eighty people—including at least thirty children—and injured hundreds more. The attack used Sarin or a Sarin-like substance, which causes death by asphyxiation, often accompanied by blue facial skin and foaming at the mouth. The United States concluded, along with many other states and the NGO Human Rights Watch, that the attack was perpetrated by Syria's Assad regime.

Type
Use of Force, Arms Control, and Nonproliferation
Information
American Journal of International Law , Volume 111 , Issue 3 , July 2017 , pp. 781 - 787
Copyright
Copyright © 2017 by The American Society of International Law 

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References

1 Transcript, Trump Speaks about Strikes in Syria, N.Y. Times (Apr. 6, 2017), at https://www.nytimes.com/2017/04/06/world/middleeast/transcript-video-trump-airstrikes-syria.html.

2 Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 110 AJIL 567 (2016)Google Scholar.

3 Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 109 AJIL 429 (2015)Google Scholar.

4 Anne Barnard & Michael Gordon, Worst Chemical Attack in Years in Syria; U.S. Blames Assad, N.Y. Times (Apr. 4, 2017), at https://www.nytimes.com/2017/04/04/world/middleeast/syria-gas-attack.html; Syria Chemical ‘Attack’: What We Know, BBC (Apr. 26, 2017), at http://www.bbc.com/news/world-middle-east-39500947. For discussion of the U.S. response to earlier uses of chemical weapons in the Syrian conflict, see Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 108 AJIL 95 (2014)Google Scholar.

5 Syria Chemical ‘Attack,’ supra note 4.

6 Human Rights Watch, Death by Chemicals: The Syrian Government's Widespread and Systematic Use of Chemical Weapons (May 1, 2017), at https://www.hrw.org/report/2017/05/01/death-chemicals/syrian-governments-widespread-and-systematic-use-chemical-weapons. See also infra footnote 24 (listing statements supporting U.S. strike).

7 Id.

8 U.S. Dep't of Defense Press Release, Statement from Pentagon Spokesman Cpt. Jeff Davis on U.S. Strike in Syria (Apr. 6, 2017), at https://www.defense.gov/News/News-Releases/News-Release-View/Article/1144598/statement-from-pentagon-spokesman-capt-jeff-davis-on-us-strike-in-syria [hereinafter Cpt. Jeff Davis Statement].

9 Jeremy Herb, How Trump's Syria Airstrike Is Similar to — and Different from—Obama's, CNN (Apr. 7, 2017), at http://www.cnn.com/2017/04/07/politics/obama-syria-airstrikes-trump/index.html.

10 See Transcript, Trump Speaks about Strikes in Syria, supra note 1.

11 White House Press Release, A Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate (Apr. 8, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/08/letter-president-speaker-house-representatives-and-president-pro-tempore.

12 Id.

13 White House Press Release, Daily Press Briefing by Press Secretary Sean Spicer (Apr. 10, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/10/daily-press-briefing-press-secretary-sean-spicer-35.

14 Krass, Caroline D., Authority to Use Military Force in Libya , Opinions of the Office of Legal Counsel Vol. 35 (Apr. 1, 2011)Google Scholar, at https://www.justice.gov/file/18376/download. For more on the president's domestic authority to use force against ISIL, both in its interaction with the War Powers Resolution and otherwise, see Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 109 AJIL 407, 429 (2015)Google Scholar.

15 See Human Rights Watch, Death by Chemicals, supra note 6.

16 Marty Lederman, (Apparent) Administration Justifications for Legality of Strikes against Syria, Just Security (Apr. 8, 2017), at https://www.justsecurity.org/39803/apparent-administration-justifications-legality-strikes-syria.

17 White House Press Release, Background Briefing on the U.N. Vote on Syria, and China Relations (Apr. 12, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/12/background-briefing-un-vote-syria-and-china-relations; Daugirdas & Mortenson, supra note 2, at 359.

18 White House Press Release, Statement from President Donald J. Trump (Apr. 4, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/04/statement-president-donald-j-trump.

19 White House Press Release, President Trump's 100 Days of Security and Safety (Apr. 27, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/27/president-trumps-100-days-security-and-safety.

20 Krass, supra note 14, at 8–9, 13.

21 See Human Rights Watch, Death by Chemicals, supra note 6; Cpt. Jeff Davis Statement, supra note 8.

22 Lederman, supra note 16.

23 Ryan Goodman, What Do Top Legal Experts Say About The Syria Strikes, Just Security (Apr. 7, 2017), at https://www.justsecurity.org/39712/top-legal-experts-syria-strikes (quoting suggestions by commentators that the April 6 strikes did not fit within established exceptions to Article 2(4)).

24 Press & Information Office of Federal Government of Germany Press Release, Joint Statement by Federal Chancellor Merkel and President Hollande of France Following the Air Strikes in Syria (Apr. 7, 2017), at https://www.bundesregierung.de/Content/EN/Pressemitteilungen/BPA/2017/2017-04-07-erklaerung-merkel-hollande_en.html?nn=393794; Foreign & Commonwealth Office of the UK Press Release, The United Kingdom Supports the U.S. Air Strike on the Al Shayrat Airfield Because War Crimes Have Consequences (Apr. 7, 2017), at https://www.gov.uk/government/speeches/the-united-kingdom-supports-the-us-air-strike-on-the-al-shayrat-airfield-because-war-crimes-have-consequences; Presidency of the Republic of Turkey Press Release, A Positive Response to the Assad Regime's War Crimes (Apr. 7, 2017), at https://www.tccb.gov.tr/en/news/542/74644/cumhurbaskanligi-sozcusu-kalin-esed-rejiminin-savas-suclarina-karsi-verilmis-olumlu-bir-cevap.html; Prime Minister of Japan and His Cabinet Press Release, Press Conference by the Chief Cabinet Secretary (Apr. 7, 2017), at http://japan.kantei.go.jp/tyoukanpress/201704/7_p.html; Prime Minister of Australia Press Release, Press Conference with the Minster for Defense and Chief of the Defense Force (Apr. 7, 2017), at https://www.pm.gov.au/media/2017-04-07/press-conference-minister-defence-and-chief-defence-force; Royal Embassy of Saudi Arabia Press Release, Kingdom Supports Courageous Decision by U.S. Against Assad Regime (Apr. 7, 2017), at https://www.saudiembassy.net/news/kingdom-supports-courageous-decision-us-against-assad-%E2%80%8Eregime. See also Madison Park, Who's with the US on Syria Strikes and Who Isn't, CNN (Apr. 9, 2017), at http://www.cnn.com/2017/04/07/world/syria-us-strike-world-reaction/index.html (quoting official support from Italy, Jordan, and Spain).

25 Michel Rose, Chemical Weapons a Red Line in Syria, France's Macron Says, Reuters (May 29, 2017), at http://www.reuters.com/article/us-france-russia-syria-macron-idUSKBN18P1OH.

26 Michelle Nichols, Russia Blocks U.N. Security Council Condemnation of Syria Attack, Reuters (Apr. 12, 2017), at http://www.reuters.com/article/us-mideast-crisis-syria-un-vote-idUSKBN17E2LK.

27 Id.

28 Syrian Aviation Airstrike in Idlib Targeted Chemical Arms Lab—Russian Defense Ministry, Russian News Agency (Apr. 5, 2017), at http://tass.com/world/939417; Matthew Weaver, Rowena Mason, Martin Chulov & Emma Graham-Harrison, Putin Stands by Assad as Firm Evidence of Chemical Attack Mounts, Guardian (Apr. 6, 2017), at https://www.theguardian.com/world/2017/apr/06/postmortems-confirm-syria-chemical-attack-turkey-says.

29 Russian Ministry of Defense (@mod_russia), Twitter (Apr. 11, 2017), at https://twitter.com/mod_russia/status/851826675386122240.

30 Letter from Charles Faulkner, Bureau of Legislative Affairs, to Senator Bob Corker (Aug. 2, 2017), at https://www.lawfareblog.com/white-house-letter-legal-basis-syria-airstrikes.

31 Neil MacFarquhar, U.S. Agrees with Russia on Rules in Syrian Sky, N.Y. Times (Oct. 20, 2015) at https://www.nytimes.com/2015/10/21/world/middleeast/us-and-russia-agree-to-regulate-all-flights-over-syria.html.

32 Ministry of Defense of the Russ. Fed'n Press Release, Russian and US Defense Ministries Signed Memorandum of Understanding on Prevention of Flight Safety Incidents in the Course of Operation in the Syrian Arab Republic (date not listed), available at http://syria.mil.ru/en/index/syria/news/more.htm?id=12061345@egNews. See also Daugirdas, Kristina & Mortenson, Julian Davis, Contemporary Practice of the United States, 111 AJIL 170 (2017)Google Scholar, available at doi:10.1017/ajil.2016.5 (describing Memorandum of Understanding).

33 See, e.g., Carla Babb, Mattis: Pro-Syrian Government Forces in Deconfliction Zone Were ‘Iranian-directed,’ VOA News (May 19, 2017), at https://www.voanews.com/a/jim-mattis-pro-syrian-government-forces-deconflication-zone-iranian-directed/3862614.html.

34 U.S. Dep't of Defense Press Release, Briefing by Col. Dillon Via Teleconference from Baghdad, Iraq (June 1, 2017), at http://www.centcom.mil/MEDIA/Transcripts.

35 Id.

36 Lisa Ferdinando, Spokesman Reports on Progress in Effort to Defeat ISIS, US Central Command News (June 1, 2017), at http://www.centcom.mil/MEDIA/NEWS-ARTICLES/News-Article-View/Article/1200694/spokesman-reports-on-progress-in-effort-to-defeat-isis.

37 Lavrov: Deconfliction Zones Announced without Damascus' Consent Illegitimate, RT News (June 7, 2017), at https://www.rt.com/news/391216-lavrov-syria-us-strike.

38 US Aircraft Conduct Strike on Syrian Army Convoy, CBS News (May 18, 2017), at http://www.cbsnews.com/news/us-aircraft-strike-syrian-regime-forces-al-tanf-base.

39 U.S. Dep't of Defense Press Release, Press Briefing by Secretary Mattis, General Dunford, and Special Envoy McGurk on the Campaign to Defeat ISIS (May 19, 2017), at https://www.defense.gov/News/Transcripts/Transcript-View/Article/1188225/department-of-defense-press-briefing-by-secretary-mattis-general-dunford-and-sp.

40 U.S. Dep't of Defense Press Release, Remarks by Secretary Mattis and Minister Hultqvist (May 18, 2017), at https://www.defense.gov/News/Transcripts/Transcript-View/Article/1186980/remarks-by-secretary-mattis-and-minister-hultqvist-at-the-pentagon.

41 U.S. Dep't of Defense Press Release, Coalition Defends Partner Forces from Syrian Fighter Jet Attack (June 18, 2017), at https://www.defense.gov/Portals/1/features/2014/0814_iraq/docs/20170618-02-CoalitionDefendsSDFfromSyrianAttack.pdf. This took place twelve days after coalition forces affiliated with the United States had destroyed two artillery pieces and an anti-aircraft weapon when pro-regime forces entered the al-Tanf deconfliction zone. U.S. Dep't of Defense Press Release, Coalition Strikes at Pro-Regime Forces in Syria Deconfliction Zone (June 6, 2017), at https://www.defense.gov/News/Article/Article/1205056/coalition-strikes-at-pro-regime-forces-in-syria-deconfliction-zone.

42 Id.

43 Cheryl Pellerin, DoD Official: Sole Focus in Iraq, Syria Remains on Isis, U.S. Department of Defense News (June 20, 2017), at https://www.defense.gov/News/Article/Article/1220818/dod-official-sole-focus-in-iraq-syria-remains-on-isis.

44 Letter from Charles Faulkner, supra note 30.