Thursday, September 11, 2014

Are Air Strikes Against ISIS in Syria Lawful?

Last night President Obama announced that the U.S. would commence air strikes against the non-state actor ISIS within the territory of Syria. It has already done so against ISIS (also known as ISIL) in Iraq. This has led to an explosion of debate (see, e.g., Opinio Juris, Just Security, and Lawfare) over whether President Obama requires Congressional approval for such strikes, or whether the Authorization to Use Military Force (AUMF), passed immediately after 9/11 and authorizing the use of force against Al Qaeda and other forces responsible for 9/11, is sufficient.

Less heard in the U.S., however, is any debate over whether such air strikes are lawful under international law. We will not get to the use of force for several more weeks - but what do you think? If you think them lawful, what would be the legal authority or justification for such strikes? If not lawful, why not?

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