UN Resolution 2249 Does NOT Allow Bombing in Syria
- UN Resolution 2249 Does NOT Allow Bombing in Syria
by Nicolas Boeglin, http://www.voltairenet.org/en
Nicolas Boeglin: Professeur de Droit International Public, Faculté de Droit, Universidad de Costa Rica (UCR).
Since France launched its propaganda campaign to convince its public opinion, and its allies that 2249 resolution does allow the bombarding of ISIL in Syria without prior request of the legal authorities of the Arab Republic of Syria hoping its regime would fall, consequently a consensus is taking shape amongst legal experts to assert that this is not the case.
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As we all know, the use of force from a State is forbidden based on the United Nations Charter [1] As overall standard rules this one prohibits it, with exceptions listed in the charters: it refers to military operations authorized through the Security Council Chapter VII, or those adopted from a State against another State within its legal use of self defense (article 51). In this latter case, the prior Security Council authorization is not necessary, but the State must officially inform the Security Council on those actions that will be taken in compliance with the terms stipulated in article 51.
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Self defense hereafter is a legal military response to a military violence from another State. Consider also that a preliminary consent from a state to require another State support to launch a military campaign is valid as per International Law.
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Since a State is pretending to use force against another entity which is not a legitimate state, how does it relate to? Or when a legitimate state is acting upon those rules, based on self defense without violence of armed forces coming from another State? Or finally when a State is looking to operate air strikes to another territory without a prior consent?
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This is the perspective that is useful to stress-out briefly, and which has been adopted by the Security Council and introduced as an international response to Paris ‘Attacks 13th November 2015.
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In fact, within a week of the Paris ‘attacks, the Security Council of the United Nations adopted 2249 resolution (2015) 20th November 2015 [2] its terms are based on the resolution brief introduced by France, amended afterwards, and then fully acted from fifteen Security Council members. It’s important to read it carefully, particularly in view of the official response announced and even further following the vote.
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