The Problems With the Strike on the Syrian Airstrip

This post is based on the Peace Action  policy memo on the U.S. strike on a Syrian airstrip.

A summary:
#The military strike targeting a Syrian government air base violated U.S. law.
#Congress should demand the president seek authorization (AUMF) prior to any further action against the Assad government.
#The strike violated international law.
#The strike was ineffective and counterproductive.
#U.S, policy in Syria should focus on diplomacy, foreign aid and refugee resettlement.

1. The strike violated U.S. law

#Congress has not authorized the use of military force against the Syrian government.

#The War Powers Resolution Section 2(c) states:
     The constitutional powers of the President as Commander-in-Chief to introduce the United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

#Clearly, none of those conditions were met.

#According to Michael Glennon, a professor of international law at the Fletcher School of Law and Diplomacy at Tufts University, and Legal Counsel to the Senate Foreign Relations Committee from 1977-1980, "military action against Syria exposes the United States to the risk of retaliation and involvement in  a wider war. No national emergency requires that the decision to incur those risks be made by the president alone. The Constitution places that decision in the hands of Congress, not the President."

2. Congress should demand the president seek authorization prior to any further military action against the Assad government.

#The strike should not have occurred without congressional approval.

#Now that the strike  has taken place, pursuant to the War Powers Resolution, the president should consult with Congress prior to any further military action against the Assad government, and should cease all military action against the Assad government after a sixty-day period absent an authorization of military (AUMF) from Congress.

#Given that the military strike took place without congressional approval and was not in response to "a national emergency created by attack upon the United States," Congress should not take for granted that the president will respect the War Powers Resolution, and so must proactively reassert its constitutional jurisdiction on matters of war and peace.

#Congress should exercise its constitutional war powers and repeal the two outdated AUMFs and hold a thorough debate on the current use of U.S. military force.

3. The recent unilateral military strike violated international law.

#In international law, the use of force against a sovereign nation is only legal if the United Nations has authorized it, or if force is used in self defense.

#The U.N. Security Council made no such authorization, and the administration's justification for the strike was that it was "intended to deter the regime from using chemical weapons again," which is clearly not a claim of self defense.

#While Secretary of State Rex Tillerson pointed to the Chemical Weapons Treaty in an effort to justify the strike, nothing in the treaty authorizes the use of force in retaliation for violations of the treaty.

4. The strike was ineffective and counterproductive.

#The Syrian government's ability to launch both chemical and conventional attacks on its people have not been diminished by the strike. While U.S.missiles damaged or destroyed some jets, hangers and runways at the Shayrat aid base, Assad controls a dozen other bases.

#The strike is unlikely to deter further attacks by Syrian and Russian forces on civilian areas. Following the strike, the same town that was targeted in the chemical weapons attack was hit with conventional airstrikes, likely by either Russian or Syrian planes.

#The strike has dangerously escalated tensions with Russia. In response to the strike, Russia suspended its participation in an agreement with the U.S. meant to prevent mid-air incidents between U.S. and Russian planes, elevating the risk of confrontation.

#The strike makes the U.S. a more active participant in the Syrian civil/proxy war, which undermines the United States' ability to encourage and facilitate a diplomatic solution to the war, which is historically the only way conflicts like these end.

#The escalation of U.S. military involvement in Syria serves as a valuable recruitment tool for violent extremists, undermining our efforts to combat extremism and promote stability in the region.

5. U.S. policy in Syria should focus on diplomacy, foreign aid and refugee resettlement.

#Sustainable peace in Syria is only possible through a political solution, yet President Trump is seeking major cuts to State Department funding which would negatively impact our ability to advance a political solution.

#Humanitarian aid is a critical tool for promoting stability and alleviating human suffering in Syria, yet President Trump is seeking cuts to U.S. funding for U.N. humanitarian aid programs like the World Food programme, and cuts to the U.S. Agency for International Development (USAID).

#Refugee resettlement is another valuable tool for promoting stability and alleviating suffering in Syria. Despite our active participation in the Syrian civil war, now even more active, President Trump has persisted in his efforts to prevent Syrian refugees from entering the United States. While the president claims empathy for the people of Syria, his policies demonstrate otherwise.

#The U.S. should support international processes to investigate the use of chemical weapons and other war crimes, which may include the Organization for the Prohibition of Chemical Weapons, the UN, International Criminal Court or an international tribunal. The U.S. needs to strengthen and abide by the treaties meant to rid the world of weapons of mass destruction, including chemical, biological and nuclear weapons.

#The U.S, needs to invest more in the long-term solutions that prevent conflicts and violent extremism in the first place by supporting education, religious tolerance, poverty alleviation, civil liberties and freedom.