White House Has No International Legal Justification for Hitting ISIS in Syria

Josh Rogan | Daily Beast | 15 Sept 2014

President Obama is pretty sure he has the domestic legal authority to strike Syria. But he has no explanation yet for why such a strike would comport with international law.

The White House has an answer for critics who want to know how the Obama administration can justify striking ISIS inside Syria under international law: If and when we actually do it, we will come up with a legal justification then.

The Obama administration has explained at length why it believes it has the domestic legal justification for using airstrikes in Syria; they have claimed they don’t need Congressional authorization because the 2001 authorization for the use of military force against the perpetrators of 9/11 and the 2002 authorization to take down Saddam Hussein applies to the ISIS war. The New York Times called the explanations “perplexing” and insufficient. (After all, al Qaeda and ISIS have sporadically fought with one another, and the Saddam regime is long gone.)

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