U.S. sends military assistance to Iraq as Iran, violating U.N. sanctions, sends arms to Syria through Iraq

The United States has begun sending missiles and other military assistance to Iraq, maintaining radio silence on Iranian arms shipments to Syria through Iraq and Iraqi airspace.

See

Michael R. Gordon and Eric Schmidt, “U.S. Sends Arms to Aid Iraq Fight With Extremists,” New York Times, December 25, 2013.

Has anyone in the U.S. stopped to think about the propriety of supplying Iraq with missiles and other military equipment, while at the same time Iran, violating U.N. sanctions, flies and sends arms and other military supplies to Syria through Iraq and Iraqi airspace to assist Bashar al-Assad and his murderous regime?

They should.

See Reuters, “Iran, Syria reiterate alliance as Assad government says it’s winning the war; Syrian ministerial delegation travels to Tehran to discuss trade; Iranian vice president says that his country stands alongside Syria in its fight against ‘axis of evil,'” Haaretz, November 30, 2013.

Mark Landler, “On Iran and Syria, Tests of Diplomacy Intertwine,” New York Times, December 19, 2013.

Reuters, “US, Iraq work together to combat Syria spillover effects; United States to provide Iraq with shared intel, F-16 jets in attempt to curb Iran weapons flyovers to Syria,” The Jerusalem Post, August 16, 2013.

Ned Parker, “U.S. official: Iraq continues to allow Iranian overflights to Syria,” Los Angeles Times, February 27, 2013.

Howard LaFranchi, “John Kerry urges Iraq to inspect Iranian overflights to Syria; Secretary of State John Kerry tells Iraq it must curb Iran’s use of Iraqi airspace to aid Syrian regime, but a shrinking US presence is leaving it with less sway over postwar events,” The Christian Science Monitor, March 25,2013.

Kerry chides Iraq over Iran flights to Syria; US secretary of state tells leaders in Iraq to stop Iranian overflights of arms to Syria, saying they are “problematic”. al Jazeera, 24 Mar 2013 (18:30).

U. N. Security Council Resolition 1747 (2007) probinits Iranian arms shipments to other countries, as follows

The Security Council

5. Decides that Iran shall not supply, sell or transfer directly or indirectly from its territory or by its nationals or using its flag vessels or aircraft any arms or related materiel, and that all States shall prohibit the procurement of such items from Iran by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of Iran;
–See SC/8980 (24 March 2007), reproducing the text of Resolution S/1747 (2007).

Obama’s failure to publicly address this issue is notable, but the failure of the press to raise this question is even more noteworthy.

How can the U.S.provide military assistance to a country which, by allowing Iranian overflights of its territory with arms for Syria, flagrantly violates the U.N. sanctions against Iran?

Is it even legal under U.S. law for the U.S. to provide assistance to an Iraqi regime which is violating the Iran sanctions regime?

Shouldn’t the U.S. at least insist on Iraq halting such Iranian arms shipsments to Syria through its airspace or by land as a condition precedent for any military assistance?

Shouldn’t Congress weigh in on this issue, as it involves the expenditure of U.S. funds?

Is there a problem here?

What is the strategic rationale behind these actions?

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"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.