Coalition action in Iraq against DAESH is NOT illegal. That is undeniable
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Robin Hood wrote:I agree.
OK so you agree that coalition action in Iraq is legal. There are ramifications here which extend across border which I will get into.
Coalition action in Syria, is also not illegal. Claims that it is are very sketchy to say the least and without legal basis. What is certain is that the UN Charter has provided legal grounds and a foot to stand on as far as Coalition military involvements in Syria are concerned in the present form of that military action.
I will explain (try to anyway with my limited legal background) ...
Article 2.4 signed in 1945 states that UN Members will not use force against another State. The Coalition has not used force against the State of Syria.
Robin Hood wrote:I agree, but aggression is not the point here, it is the legality of breaching another countries sovereign territory. (land,sea or air)
Since you agree that action in Iraq is legal, because the State of Iraq is under attack from an Islamist Group known by us as DAESH, then there is by extension a legal right for Iraq to try and defend itself from this group and that could include Military Action against them in Syria. Since Iraq is not in a position to do this, because they can barely take care of business within their borders, then the Coalition can do it on its behalf under Article 2.4
We know that Iraq is under attack and therefore, it has a right to try and defend itself within its border and even outside of its borders and the Coalition is able to use Article 2.4 and claim it is acting under this Article to defend Iraqi territorial integrity. Of course by default, this limited action is also an unwilling assistance to the Assad Regime because he too is under significant threat from the same group.
It also states that Members must respect the sovereignty and territorial integrity of States. Well no action thus far has indicated that the coalition does not respect the territorial integrity of Syria. The territory of Syria however, could be subject to partition by International Treaty if Assad remains in power. That means, that Syria will be carved up and other States will be formed with population exchanges.
Robin Hood wrote:There is little point in arguing Law because neither of us is a Lawyer! In the moral context and backed by UN legislation, the coalition would not be respecting Syria’s territorial integrity if they do trespass without either consent or UN mandate. The fact that this happens without coalition aircraft being shot down says that there is agreement with the Russians and that flight plans are being filed. Although we know the Russians did this with their SU that was shot down by Turkey, you justified it simply on the grounds that the Russians entered Turkish air space without their consent.
The territories in which we are engaged in combat are no longer under the control of Syria. We recognize Syria's dejure territorial integrity and have no intention of disputing it at this stage.
We certainly do not lodge any Flight Plans with Syria or with Russia. That is something that we could not possibly do under any circumstances. Fact is, Russia is not in a position to threaten our aircraft in any way.
Unfortunately there are many news outlets who are not suitably qualified and yet rush to deem Coalition Military action in Syria as illegal. They should provide a legal explanation against the UN Articles to explain why that is the case but I have not seen a valid argument yet to support the illegal claims.
Also, there are mandated rules by the UN which do not prohibit Military Action through what is termed as "collective-defence" under UN Article 51.
Robin Hood wrote:I am fairly pragmatic and to me attacking another country for any reason other than the fact[b] YOU are being attacked is contrary to the UN Charter. Surely, that is what this is intended to provide for ...... ‘If you are attacked you have the right to self defence.’ Therefore an pre-emptive attack on another State is a declaration of war.
Yes that is fairly accurate. Iraq is being attacked. Our initial response was to assist Iraq in defending itself.
We are also attacking this enemy within Syria's borders. We believe we are acting in a legal manner in order to destroy this threat which has been attacking Iraq (and Syria) for some time.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
http://www.un.org/en/sections/un-charte ... index.html
Now, the coalition is in the Middle East to assist the Iraqi Government to maintain its territorial integrity against terrorist Islamist Organisations such as DAESH. This terrorist group use Syria as their Spring Board. Therefore, we have expanded our operations into Syria under collective-defence rules. This has now even more credibility since the USA, France and Australia have all been attacked by DAESH on their own territory.
Robin Hood wrote:I disagree! Why? Well, the incursions by FOREIGN terrorist elements going to join DAESH, as is all the military support, is provided through Turkey, not from Syria, and Turkey is a member of your coalition.
I take issue with these claims myself particularly the erroneous claim that Turkey is assisting DAESH. We know that this is not the case. Turkey's interests are elsewhere. Turkey is providing material support to the Turkmen Militias, and the FSA who are engaged in war with DAESH. Turkey and DAESH are enemies. we know this. DAESH has even successful attacked Turkey on its own soil.
Now, the fact that there might be Islamist elements in Turkey that might support DAESH, is another matter of ideology which is a battle that will go on for some decades before that is defeated.
Also, the vast majority of DAESH Fighters are in fact Syrian and also Iraqi. But there are up to 10,000 from other countries but this number does vary depending on the source. There are even a few thousand recruited from Western Countries and Russia itself. We are battling an ideology here which is going to be a long drawn out battle which we will win only with the assistance of the Muslim Communities.
Robin Hood wrote:Sorry but DAESH is not a Syrian ‘terrorist’ group! The likely hood is that it is funded and supported definitely by the Saudis and by Qatar(?), at least that is what the evidence suggests, again both are members of your coalition.
Again, these claims are extremely erroneous. Saudi Arabia and QATAR are supporting the FSA. There is no evidence to suggest that they are supporting DAESH.
It's all a major Iranian/Russian/Assad fabrication.
The SAUDIS and QATARIs are not denying that they are assisting the FSA either. There mediators were even present at the peace summit on behalf of the FSA.
Please note, that the absence of a UN Security Council resolution does not automatically imply that this action under Article 51 (which is what the Coalition will imply if attacked) makes that action illegal, because the Article itself implies that States do have a right for "collective-defence".
Robin Hood wrote:Again .......... you use a piece of legislation contrary to its intent because you claim 'pre-emptive' action is defence. I ask you: in that case the UK would have been acting within the provision of the UN Charter had it decided to bomb Ireland as IRA terrorists were crossing the border into UK territory to carry out murder and acts of terrorism on British citizens (NI) and UK troops?
No this is not pre-emptive. Iraq was under attack for quite some time before the Coalition decided to act. In fact, by the time we acted, DAESH were already in control of a significant proportion of Iraqi Sovereign Territory.
Robin Hood wrote:In this context it would suggest that Israel could legitimately nuke Iran as a pre-emptive action because they had decided that against ALL the evidence, Israel decides Iran DOES have a nuclear weapon and are, as such, an existential threat to Israel’s security? I don’t think many would agree ......... although Netanyahu has threatened to do just that!
No I do not believe that Israel has a legal footing to pre-preemptively attack Iran. And if they did, they certainly would not NUKE Iran and the West would never support such action if it did. We would be deeply offended at the thought and prefer mediation.
However, if Israel believed it had intelligence that Iran was going to attack it, then they can act preemptively, but not with NUKES.
Of course, these Articles are written to outline the rules for Military Action of member States against another State. Well DAESH is not a State so that adds an element of ambiguity to the equation. Also, the Coalition is NOT engaged in any Military Action against Syria. So again, there are no legal grounds. This is uncharted territory because in 1945 when these Articles were written, it was not envisaged that the new threats to peace and stability will be from illegal terrorist organisations like DAESH and as a result, the Articles were written for State Vs State military engagements which this is clearly not the case in Syria.
However, there was an ICJ Ruling interpreting the Rights of Nations to invoke individual or collective self defence. Please see the below link. Here the ruling stipulates that the Article does not stipulate the types of aggressors, whether that is a State or a Terrorist Organisation. As a result, let's say there was a terrorist organisation in Cyprus attacking Australia. Well, Australia would have the right to attack that organisation within Cypriot Sovereign territory. That can in itself include Air Strikes and Troops on the Ground (Invasion) as long as there is an intention to respect Sovereign Territorial Integrity after the fact or until the UN takes control and there is a UN invoked settlement to bring peace and stability which also addresses Australia's security concerns with regard to this Terrorist Group (I use this example for illustrative purposes only).
Robin Hood wrote:The problem is, as we both are old enough to realise, is that the Law can always be ‘bent’ to suit a given agenda providing you have either loads of money (as an individual) or overwhelming political/military power (as in the case of sovereign States such as the USA or collectively, NATO.) The Law is an ass and from every bit of legislation drawn up there are also a lot of get-out clauses!
Yes the Law can be bent. I don't deny that. The powerful have more sway as do the rich within any legal system over the poor who have less sway shall we say.
It's a legal system, not a justice system unfortunately. Cyprus is still under occupation, illegally.
Robin Hood wrote:(I am not religious but: GOD created the Ten Commandments, a simple ‘Thou shalt not .......’ was sufficient. He offered them to Moses who could only carry ten tablets of stone ...... thank goodness he didn’t have Samson with him! But GOD had already made a BIG mistake. He created man and then he created woman out of Adams rib ...... then the big mistake he created Lawyers out of human excrement, the problem being that they went forth and multiplied !!!! )
Yes ok. I agree but that is the system not only in the international arena but the local legal system in Cyprus is EXACTLY the same, just a lot smaller.
Some more interesting reading for you here:
http://www.un.org/en/sections/un-charte ... index.html
Sorry, but saying that coalition action is illegal does not make it so under the letter of the UN Articles. I had to learn about all this stuff at one time.
Again, you need to look at your clearing house source and do some cross checking over the validity of their erroneous claims which have no legal standing at all.
Robin Hood wrote:As I have said before, forget the server of a particular independent news outlet, it is irrelevant, look at the credentials of the author.
Willing to look at the credentials of the author, and even read the articles. But why don't they cite any of the UN Articles to support the claims they are making? I am very willing to listen, but want them to back things up, not just make unsupported claims. So many people are influenced just because it is written in a paper or because they heard it on TV.
Robin Hood wrote:In this case, note that the author Prof. Tim Sanderson, gave reference to his sources all 77 of them, he gave dates and referred to events on both sides. I didn’t check his sources but no doubt they in turn would have multiple source references as well. Out of that he came to a conclusion which I tend to agree with. On the other hand you have made many claims against Assad with no evidence to support them.
I am not aware of this particular article so am willing to take your word for it that he might be reliable.
But we also have a lot of evidence against Assad with regard to some very significant War Crimes against civilians in Syria, and it is our intend that he will be held to account for these crimes some time in the future.
Robin Hood wrote:You have referred several times to Assad using Sarin gas against his people and dropping barrel bombs on innocent civilians. The first claim has been disproved to the extent that there is now a lot of evidence it was the rebel faction that used it, it was supplied by Saudi and transported through Turkey to the rebels, they even have the batch numbers. As for the second claim ...... read the article carefully, yes he used barrel bombs but the civilian casualties occurred because the rebels and the FSA, who the coalition support, were embedded in with the civilian population that they frequently use as human shields (as I previously described) and there is also lots more evidence of rebel/FSA atrocities now coming out as the SAA advances.
Common sense says Assad had no reason at all to set out to deliberately bomb his own people, he has nothing to gain by doing so and everything to lose and, although it sounds callous, there are always civilian casualties in a war, particularly urban warfare!
No such thing has been proven regarding the Saudis. Assad is making accusations. It is our belief that the Sarin Attacks were by Assad Forces in the FSA controlled suburb of Ghouta. This is the assessment of the French, UK and US Governments.
I will have to do more research about the matter which I promise to do.
Also, make no mistake about it! Each member of the Coalition has a team of some of the best International Experts, Lawyers available who would have on behalf of their Governments provided very sound interpretation and advice regarding their legal standing concerning their Military Engagements and as a result they do certainly have a leg to stand on and based on my interpretation and the interpretations of more knowledgeable experts, there is no specific Article that categorically implies that Coalition Action in Syria is illegal which probably explains the lack of formal legal engagements within the UN or ICJ against us.
Robin Hood wrote:I am afraid I don’t hold Lawyers or so called ‘
experts’ employed by governments, in any great regard. Remember David Kelly? That is what happens when an expert does not support the ‘
official’ story and his honesty becomes a embarrassment ..... they commit suicide!
Most of us don't hold them in high regard until we actually need them for something. But yes I get your point.
So all we get is a bunch of hubris from very bias and anti western media outlets, like the ones you like.
Robin Hood wrote:Not really anti-western but biased maybe, but that is because they present the other side of the story, the events that the MSM do not cover. We have discussed Journalism limitations and the limitations are because somewhere down the line editorial requirements of the editor, the owner and the share holders, are applied to those employed by the MSM. As the independent outlets do not suffer this limitation they have more freedom to express views contrary to the MSM promulgated propaganda.
Go for it. You can check any side of the story you like and are freely able to do so without hindrance. I do too.
Independent outlets also peddle an agenda too.
Robin Hood wrote:Again, they seem to both agree and disagree, so it is up to the reader to look for further information and to have the ability to come to some rational conclusion as to which opinion is likely to have the highest probability of being the more accurate.
Problem is, that most readers do not look into things in more detail. They swallow what they read hook line and sinker. Most people are either too stupid, are lazy, don't care, are gullible, or are more interested in the Kardashian Story. News outlets know this too, which is why they are catering to the lowest denominator and which is why there are many lower quality gossip style tabloids.
Robin Hood wrote:(
You have my undivided attention today ........... because it is cold and wet and I have no outstanding jobs to do inside and I get bored very easily.)
Go to the mountains and have some fun in the snow.