By Stephen Gowans
Political scientist Ian Hurd, writing in the New York Times, scotches the misconception that there is a legal basis for a US attack on Syria. Because Syria does not belong to international conventions prohibiting the use of chemical weapons, there is no “legal justification in existing law” for US military action, Hurd writes. Even if Syria had signed onto these conventions, the treaties are enforceable only by the United Nations Security Council, and not by the United States acting unilaterally or with allies. Indeed, an attack on Syria would be illegal. 
Without a legal basis for military action, Washington and its British and French allies have invoked a moral imperative. British prime minister David Cameron says that planned military action “is about chemical weapons. Their use is wrong and the world shouldn’t stand idly by.” However, the Washington Post’s Walter Pincus reminds us that, “In the late 1980s, not only did the Reagan White House take no action when Saddam Hussein used chemical weapons against Iranian forces and his own people but the United States also aided the attacks by providing intelligence.” 
And it’s not as if the United States has an aversion to chemical weapons. It has, along with the Russia, the world’s largest stockpiles. 
But the lack of a legal basis for military action, and the insincerity of the allies’ claim that they’re driven by a moral revulsion against chemical weapons, is beside the point. There’s no hard evidence that Syrian forces are responsible for last week’s attack. US, British and French politicians may say they’re certain that Assad is guilty, but the US intelligence community isn’t.
According to The Associated Press’s Kimberly Dozier and Matt Apuzzo ,
• U.S. intelligence officials say, “The intelligence linking Syrian President Bashar al-Assad or his inner circle to an alleged chemical weapons attack that killed at least 100 people is no ‘slam dunk.’”
• “A report by the Office of the Director of National Intelligence outlining the evidence against Syria is thick with caveats.”
• “U.S. intelligence officials are not so certain that the suspected chemical attack was carried out on al-Assad’s orders, or even completely sure it was carried out by government forces (emphasis added).”
The New York Times’ Mark Mazzetti and Mark Landler echo the Associated Press’s reporting. “Administration officials say there is no “‘smoking gun’” and no “hard evidence tying Mr. Assad to the attack.” 
So, there’s no hard evidence that the target has done what he is accused of, and even if he had, military action would still be illegal, and the assertion that the planned attack is driven by moral imperatives is not credible. Not only did the United States assist Saddam Hussein’s gas attacks, it has stood idly by while Saudi tanks and troops helped Bahrain’s royal dictatorship crack down violently on protesters and stood idly by as Egypt’s military launched a coup and killed civilians who were peacefully demonstrating against the illegal ouster of their elected government. The idea that US foreign policy in connection with Syria is shaped by outrage over the alleged use of chemical weapons by the Syrian military and its violent repression of demonstrators carries no weight in light of Washington’s benign tolerance of similar behaviour on the part of its allies.
To understand US, British and French actions vis-à-vis Syria, it is therefore necessary to understand what sets Syria apart from Bahrain, Egypt’s military rulers, and other Western allies which have one or more of the characteristics the imperial powers claim to abominate about Syria. The distinguishing factor appears to be the degree to which the balance of a country’s public policy tilts away from domestic constituencies toward accommodating the economic, political and military interests of Western financial and corporate concerns.
Egypt, Bahrain, the Gulf state monarchies and Israel are pro-West, which means accommodating of Western economic, political and military interests, while Syria is pro-Arab, and pro-Syrian. This is the real basis for US, French and British hostility toward the country. The rest is artifice, intended to obscure the authentic motivation for Western aggression against the Arab nationalist state.
1. Ian Hurd, “Bomb Syria, even if it is illegal”, The New York Times, August 27, 2013.
2. Walter Pincus, “Obama is boxed in on Syria”, The Washington Post, August 28, 2013.
4. Kimberly Dozier and Matt Apuzzo, “Intelligence linking Syria to chemical attack no ‘slam dunk’, U.S. intelligence says”, The Associated Press, August 29, 2013.
5. Mark Mazzetti and Mark Landler, “U.S. facing test on data to back action on Syria”, New York Times, August 28, 2013.
4 thoughts on “US Strike on Syria: No Hard Evidence, Insincere, Illegal”
We ended up re-printing this article of yours in the Oklahoma Workers’ Monthly instead. Check it out, if you’re interested:
Much obliged for letting us do that! Keep up the good work!
on egypt: the military there is pro-syrian and refuses to take part in war on syria
in fact al the evidence points to a false flag op
interview with french syrian on the satelllite evidence for Ghouta
mother agnes on Ghouta and thinks the presence of the chldren is strange
Reblogged this on INCISITY and commented:
Oh yeah, law, what a concept!