Posts Tagged ‘Bashar al-Assad’

Yanukovych special forces and snipers deliberately murder demonstrators at the Maidan

Thursday, February 20th, 2014

Developing

Today Viktor Yanukovych sent police or other special forces to the Maidan to deliberately fire at protesters with the pemeditated intent to kill them. Sooner or later he must personally answer for the commission of these crimes. After committing such crimes, he has clearly lost the legitimacy which his election to the presidency once conferred upon him.

See

Journal de 20 h, TV France2, 20 fevrier 2014 (video of six special forces snipers taking aim and shooting to kill, at minute 3:00).

David Blair (Kiev), “Ukraine crisis: Deadly snipers extinguish lives of Kiev’s protesters; Dispatch: ‘Professional’ snipers target the protesters of Independence Square, The Telegraph, February 20, 2014 (9:07PM GMT).

He cannot be allowed to continue to serve as President, or to run for office in new elections, after these crimes. The only way he can stay in power is through a self-imposed military coup, putting down the opposition with the brutal use of force.

The Ukraine teeters on the edge of violent military repression of the opposition. One should not assume that Vladimir Putin, “the butcher of the Caucasus” who committed massive atrocities in Chechnya to put down that rebellion, would not be willing to send Russian troops to the Ukraine if Yanukovych asked for “fraternal assistance” to help overcome an opposition revolution “orchestrated from abroad”. He has not hesitated, it should be recalled, to incur international criminal responsibility by assisting Bashar al-Assad in the commission of war crimes and crimes against humanity in Syria.

Obama and his administration appear largely clueless, as evidenced by the revelation of Victoria Nuland making U.S. foreign policy toward the Ukraine on the fly, while dissing the efforts of the European Union with an unforgivable vulgarity which in a more competent administration would have already cost her her job.

We can only hope that stronger leadership in Europe, impelled by foreign ministers Laurent Fabius of France, Frank-Walter Steinmeier of Germany, and Radoslaw Sikorski of Poland, can provide the Western leadership that is required. American president Barack Obama is asleep in the backseat of the car, not even “driving from behind”.

The Trenchant Observer

183 dead in Syria on January 14—Western intelligence meetings with Syria, the moral universe, and Geneva II

Wednesday, January 15th, 2014

The Syrian Observatory for Human Rights reported the following earlier today:

Final death toll for Tuesday [14/01/2014]: Approximately 183 people killed in Syria.

The dead: (40 civilians including(7 children, 7 women, 2 teenagers) , 36 rebels, 39 YPG, 10 ISIS, 10 non-Syrian ISIS and Islamic fighters, 11 NDF, 31 regular forces, 6 unknown fighters)

by province: Aleppo(12 civilians), Dera’a(9 civilians, 3 rebels), Reef Dimashq(7 civilians, 3 rebels), Homs(4 civilians, 1 rebel), Idlib(2 civilians), Der-Ezzor(1 civilian).

We all need to pay close attention to what is ocurring on the ground in Syria, each and every day.

See also “REPRISE: The Olympic Games, and the Battle for Aleppo, Begin (July 28, 2012); Geneva II and the urgency of a ceasefire NOW,” The Trenchant Observer,
January 12, 2014. Update reports 697 people killed in nine days in Syria.

The Geneva II Peace conference scheduled to begin January 22, 2014 is unlikely to halt, or even slow, the fury of the ongoing civil war in Syria, and the wanton and systematic commission of war cimes and crimes against humanity by the Bashar al-Assad regime, and also by some if not many of the insurgents.

Meanwhile, Western intelligence agencies have met with Syrian officials regarding jihadist threats.

See Maria Abi-Habib, “European Spies Reach Out to Syria,” Wall Street Journal, January 14, 2014 (updated 10:41 p.m. ET).

AFP and Reuters, “Western intelligence ‘talking to Syria regime’,” Gulf News (GulfNews.com), January 15, 2014 (13:34 h). This report cites Western intelligence officials confirmation of contacts, and quotes Secretary of State John Kerry as saying he knew nothing about them.

BBC, “Syria says West talks to Damascus about Islamist rebels; Syrian Deputy Foreign Minister: “Many foreign intelligence agencies have visited Damascus”, BBC News, January 15, 2014 (10:18 ET). The BBC’s chief international correspondent Lyse Doucet said informed sources had confirmed meetings between Western and Syrian intelligence officials.

Incredible! All the more incredible as Secretary of State John Kerry is quoted as saying he knew nothing of these meetings. More sheer incompetence from the Obama administration!

Who makes foreign policy in Washington and the capitals of the Western countries–the intelligence agencies or the elected governments which represent the people?

The civilized nations of the world cannot simply resume intelligence cooperation with al-Assad, without surrendering the last shred of any claim to moral authority which their countries may still have.

If we act as if we do not live in a moral universe where human actions have meaning and moral significance, as Barack Obama and other leaders who have followed or acquiesced in his vision of the world have done in Syria, we will create a self-fulfilling prophecy hurtling us all into a moral abyss. The consequences will be felt in every country, throughout the world. They are already being felt today.

Obama’s place in history is set, barring unforeseen miracles of redemption. Even if the Group of Five plus One and the Security Council conclude a nuclear deal with Iran to limit its nuclear program, the deaths of 130,000 Syrians (and counting) will weigh heavily on Barack Obama’s place in history, not to speak of his reputation for the rest of his life.

While America lies dormant in a deep isolationist sleep, that will not always be the case. When America awakes, as awake it must to deal with the horrific forces unleashed by Obama’s morally obtuse and utterly incompetent foreign policy, no amount of remorse or rueful apologies (as in the cases of Rwanda, or Srebrenice) will salvage Barack Obama’s legacy from the ashes.

In Syria, these ongoing atrocities must be stopped, now.  The Geneva II Peace Conference can be useful, if at all, only if it establishes as its primary and highest goal the establishment of a ceasefire throughout all of Syria.

The Trenchant Observer

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

Sunday, December 29th, 2013

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?

The Trenchant Observer

Details in U.N. inspectors’ report on chemical weapons massacre at Ghouta point ineluctably to al-Assad (with link to report); more commentary

Wednesday, September 18th, 2013

Developing–check back for updates

The text of the UN Chemical Weapons Inspectors’ Report is found below (with link).

United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic, “Report on the Alleged Use of Chemical Weapons in the Ghouta Area of Damascus on 21 August 2013,” September 16, 2013

Latest News Reports and Commentary

(1) Raniah Salloum, “Uno-Bericht: Spur des Giftgases führt zu Assads Berg,” Der Spiegel, 18. September 2013 (14:20 Uhr).

Der Uno-Bericht über die Giftgasattacke in Damaskus gibt einige Hinweise auf die mutmaßlichen Täter: So ist die genaue Flugbahn einiger Raketen aufgelistet, sie wurden offenbar vom Kassiun-Berg aus abgeschossen. Dort befindet sich das Hauptquartier von Assads Elite-Einheit.

(2) Editorial, “Paper tigers”, The Daily Star (Beirut), September 18, 2013 (12:06 AM).

This Syrian chapter – quite apart from the thousands of deaths, the destruction of a country’s infrastructure and the millions of lives uprooted – will forever be a black mark in the annals of American history.

And this latest incident – the use of sarin gas to kill hundreds of people on Aug. 21 – will perhaps be a turning point in America’s standing in the world. A regime which has committed crimes against humanity, the U.N. tells us, is, it appears, about to get away with mass murder, yet again, a red line which Obama himself drew. Assad and his backers are aware that the forest is full of paper tigers.

–Editorial, The Daily Star (Beirut), September 18, 2013

(3) David Ignatius, “Obama is criticized for right result on Syria,” Washington Post, September 18, 2013.

(4) Bernard-Henri Levy, “The Syria Deal Has a Hint of Munich; I fear that soon we will hear Assad, an enemy of humanity, praised for his cooperation and spirit of responsibility, Wall Street Journal, September 18, 2013 (8:03 a.m. ET).

(5) Sebastian Junger, “When the best chance for peace means war,” Washington Post, September 13, 2013.

The Trenchant Observer

CBS News and PBS: Network of Edward R. Murrow and Walter Cronkite, and PBS, give al-Assad megaphone for propaganda to oppose Obama—ON MONDAY!

Sunday, September 8th, 2013

What we should be seeing now, both on American television and television abroad, are programs which put in perspective the looming question of whether the U.S. and its allies should use force to stop Bashar al-Assad from using chemical weapons and further committing war crimes and crimes against humanity (e.g. bombing or using artillery against civilian neighborhoods). These programs should be putting before the public the factual record of what has occurred in Syria since 2011, in all its bloody detail.

Instead, the coverage is like the coverage of a horse-race: Will Obama receive authorization for military action or not, which Senators and House Members are leaning this way or that way, and what do they have to say?

There is very little coverage of what has actually happened in Syria. This may be based on the premise that it has all been reported before. But the brutal fact about public memory in the age of mass media in 2013, when people don’t read the newspapers much any more, is that people don’t remember what they may have seen on TV a year or two ago, or a month ago. All of the past, all of the facts, are lost in the media in what may be termed “the infinite expansion of the present moment.”

So, we now hear that Charlie Rose has interviewed Bashar al-Assad, and CBS is going to broadcast excerpts from the interview on CBS News on Monday morning, and evening, across all of CBS’ news platforms, and PBS will broadcast the full interview in a special edition of the Charlie Rose Program on Monday night at 9:00 p.m.

For those who live outside of the Washington-New York media and political bubble, like the Trenchant Observer, some developments are so jaw-dropping that one must pinch oneself in the arm to make sure what one is seeing is not just a bad nightmare.

Now, Charlie Rose and CBS News have sounded the death knell for any idea that CBS or Charlie Rose is engaged in objective news reporting, as opposed to the immoral chase of ratings at whatever the cost—the moral cost, the cost to national security, the cost to the democratic process itself, which depends on an informed citizenry and the votes of their elected representatives.

Bashar al-Assad, in the interview, denies that his government was behind the chemical weapons attack on Ghouta on August 21, 2012.

Charlie Rose, who used to have a fairly interesting interview program on PBS, has long since evidenced the lack of preparation necessary to ask difficult questions, as his ambition has led him to also serve as an anchor on the CBS Morning News. His programs are now characterized by interventions which aim to show he knows everyone and everything, while allowing his speakers to say whatever they want without any sharp questioning, particularly any sharp questioning that would require preparation and a deep knowledge of the facts.

CBS News has itself entered the fray now, giving a voice to Syrian propaganda at a critical moment which may affect the Congressional vote on whether or not to authorize military action against Syria.

We can all see now that CBS’ News’ analysis is worthless, or sidelined by commercial considerations which manifest in essence a disloyalty to the United States, which amounts to the same thing.

What were they thinking?

Has CBS News formed no judgments as to what has been going on in Syria in the last two and a half years? Have they reached no conclusions regarding who has been responsible for the commission on a massive scale of war crimes and crimes against humanity, including the use of chemical weapons?

Do they understand they are placing al-Assad on a platform of moral equivalency to the President of the United States by broadcasting the interview with him on Monday, the very day President Obama is seeking to make the case to the American people for military action in Syria, and one night before he formally addresses the nation on the subject?

This is one of the most most shameful spectacles in the history of CBS News, which as we all know has become but a shadow of its former self.

How can outstanding correspondents such as Bob Schieffer and Lara Logan continue to work for such a company, which is now willing to offer its airwaves for the propaganda of one of the greatest war criminals of this or the last century?

I can imagine that CBS News—the 2013 version and not the Edward R. Murrow or the Walter Cronkite version—would broadcast an interview with Adolf Hitler denying the existence of Auschwitz and the gassing of the Jews, as Allied forces closed in on Berlin in 1945.

The promotional ads might sound something like this:

“On the one hand, we have the reports of intelligence and military officials who have confirmed the existence of the gas chambers at Auschwitz, and how they were used. On the other hand, German Leader Adolf Hitler denies these allegations, maintaining that they are fabrications of the Allied Powers’ propaganda machine.

Now, here, we present an interview with Mr. Hitler taped earlier today. You can listen to his arguments, and you yourself can decide which side has the stronger case.”

This action is so offensive that Charlie Rose, and CBS News, can now count on the permanent loss of this viewer. In fact, a boycott of the Charlie Rose program and of CBS News would not be a bad idea for others to consider.

And let us bear in mind, to understand how utterly immoral the Washington political-media complex has become, that the brother of Ben Rhodes, one of Obama’s top foreign policy advisers, is the President of CBS News.

Instead of presenting documentaries on what has occurred during the last two and a half years of the civil conflict in Syria, and citing the UN and other reports which have documented in great detail the barbarism and atrocities committed by the al-Assad regime, CBS News and the Charlie Rose Program on PBS give us…SYRIAN PROPAGANDA!

The head of CBS News, and everyone else responsible for this atrocious decision, should be immediately sacked. Charlie Rose should depart CBS News. And PBS should drop the Charlie Rose program forthwith.

What is involved is the nation’s security, at a delicate moment in which the electorate is uninformed, or trying to second guess the decisions of the commander in chief as to what specific military means and objectives should be pursued to safeguard the vital national interests of the country.

Here, the timing is everything, and reveals the utter lack of moral bearings of Charlie Rose and CBS News alike.

The Trenchant Observer

New strategy and accompanying military action needed in Syria; Justification under International Law

Sunday, August 25th, 2013

President Barack Obama’s strategy for dealing with Syria has demonstrably failed.

That strategy consisted mainly in looking the other way, providing fitful and ineffectual covert support, and actively blocking the efforts of others to mount some form of military action that might have brought the widespread commission by the al-Assad regime of war crimes and crimes against humanity to a halt. These have now culminated in the use of chemical weapons by al-Assad on a large scale against his own people.

The covert action has had minimal results, involving coordination of the supply of arms by Qatar and Saudi Arabia to the insurgents, apparently with the assistance of the Muslim Brotherhood.

The results of this policy, as long predicted here and by knowledgeable experts, has been a brutal civil war in Syria whose death toll now exceeds 100,000, according to the latest U.N. update.  However, the number is  growing by hundreds if not thousands every week, and likely to be much higher than even this appalling number.

Military action to stop the commission of war crimes and crimes against humanity by the al-Assad regime in Syria has been needed for a long time, but now must be undertaken by the West and allied Arab countries in order to avoid an exploding regional conflict between Shi’a and Sunni militias and regimes, on the one hand, and to prevent Syria from becoming the first chemical weapons battleground since the Iran-Iraq war (1980-1988), if not since World War I, with the concomitant acquisition of chemical WMD by al-Qaeda affiliated and other terrorists groups, on the other.

The options available to the West and the Arab states, following two and a half years of dithering and blocking actions by the Obama administration, are not enviable.

Nonetheless, what is needed is a military and diplomatic strategy that will produce results and outcomes that safeguard the vital interests of the West, the Arab countries, and other civilized nations in the world.

Before considering that strategy, it will be useful to highlight mistakes that have been made and which must not be repeated.

First, the illusion of a negotiated agreement with Bashar al-Assad should be discarded at the outset. Al-Assad has not kept a single agreement with the international community, from the Arab League peace plan of November 2, 2011, to the agreements reached with Kofi Annan regarding the cessation of hostilities in the first half of 2012. Moreover, al-Assad has proven, time and time again, that he is a master of playing off different countries one against the other, with promises of this or that, or negotiations on this or that to get his approval, all coming to naught.

The lesson is clear: The new strategy should not seek al-Assad’s agreement to any kind of peace agreement short of an agreement to hand administration of the country over to a NATO or United Nations Authority under the protection of a NATO-led or United Nations Peacekeeping Force, in a manner similar to the establishment of IFOR under the agreements reached with Slobodan Milosovich of Serbia and the leaders of Bosnia and Croatia by Richard Holbrooke and the United States in Dayton, Ohio on November 21, 1995.

Second, with over a year and a half of experience with the Russians following their and the Chinese veto of a mild U.N. Resolution on February 4, 2012, the West and the Arab states should not waste their efforts on negotiating anything with the Russians in the Security Council which does not include:

1) the immediate authorization of the International Criminal Court to investigate and prosecute the commission of war crimes and crimes against humanity in Syria; and

2) immediate steps for the implementation of a binding cease-fire in Syria,  which is obligatory on Syria with or without its consent under the terms of Chapter VII of the United Nations Charter.

The use of military force should be aimed at securing these objectives, not the agreement of al-Assad to this or that proposal. Above all, no negotiation of the final political and military arrangements should be undertaken before a cease-fire takes effect. The disastrous precedent of Kofi Annan and the U.N. seeking to negotiate elements of the outcome with al-Assad in exchange for his cessation of the commission of war crimes and crimes against humanity should not be repeated. Ever.

The military campaign against al-Assad’s government and its ongoing atrocities should be pressed until the commission of these crimes ceases, and a NATO-led or U.N. force and accompanying International Authority for Syria are established and put in place.

The military actions required to achieve the above strategic objectives should be publicly justified under international law, along the lines suggested here in earlier articles, as temporary measures of protection undertaken to protect the population of Syria against the commission of war crimes and crimes against humanity and their effects. The justification should be very narrowly tailored to the facts of the Syrian case, as suggested previously here.

On justifications under international law for military intervention in Syria, see the following articles by The Trenchant Observer:

Syrian Options: The White House’s sophomoric understanding of International Law, June 14, 2013.

The U.N. Charter, International Law, and Legal Justifications for Military Intervention in Syria—Obama’s Debacle in Syria — Update #83 (September 1), September 1, 2012.

Continuing massacres in Syria, at Daraya and elsewhere; legal justification for military intervention — Obama’s Debacle in Syria —Update #78 (August 26), August 26, 2012

REPRISE: Humanitarian Intervention in Syria Without Security Council Authorization—Obama’s Debacle in Syria— Update #68 (July 25), July 25, 2012

Military Intervention to establish “no-kill zones” and humanitarian corridors—Syria Update #9 (February 25), February 24, 2012

Military action without clear strategic objectives will not be effective. The sooner the West comes to grip with these harsh realities, the better the outcome will be.

When a strategy has failed, spectacularly, the most important thing is that it not be pursued further, and that it be abandoned as an approach to the solution of the conflict.

Military action is now urgently required. But it should be undertaken as a means for securing the goals of an effective strategy, not just to satisfy the demands of the press or other countries to take some action in response to the massacre of Syrian citizens by the use of chemical weapons on a large scale.

The Trenchant Observer

For previous articles on Syria by The Trenchant Observer, see the Articles on Syria Page, or click here.

REPRISE: Hommage à Homs (actualisé / updated)

Sunday, July 7th, 2013

BEIRUT: Intense fighting in the central Syrian city of Homs has left 60 to 70 percent of a besieged rebel-held district damaged, destroyed or uninhabitable, activists said on Sunday.

The estimate from the Syrian Observatory for Human Rights came nine days into an all-out army assault on the rebel-held Khaldiyeh and Old City neighbourhoods, which have been under siege for more than a year.

On Sunday, regime forces subjected insurgent areas of the city to fierce shelling, said the Observatory.

“Sixty to 70 percent of buildings in Khaldiyeh are either totally destroyed, partially destroyed, or unsuitable for habitation,” Observatory director Rami Abdel Rahman told AFP.

Homs is Syria’s third-largest city, and tens of thousands of its residents have fled the fighting.

On Sunday, government troops used mortars, rocket fire and heavy artillery to target rebel areas in the city, the Britain-based Observatory said.

On the edges of Khaldiyeh, fresh clashes broke out between rebels and troops and pro-regime militiamen, it added.

According to the United Nations, some 2,500 to 4,000 people are trapped in the besieged areas.

In Damascus, regime warplanes targeted Jubar in the east of the capital, while tanks hit Qaboon in the northeast, said the Observatory.

–AFP, “Two thirds of Syria’s Homs rebel area destroyed: activists, The Daily Star (Beirut), July 7, 2013 (6:01 PM).

The destruction of Hom’s continues.

With the world’s attention turned to the rapid and undeniably enthralling events in Egypt at the moment, Syria’s battlefields are being dangerously neglected by the media and those supposed friends of the revolution, which is allowing the regime to up the scale and intensity of its massacres across the country.

The fierceness of fighting in Syria has reached unprecedented levels. At the moment it is focused in the central city of Homs, the heartbeat of the revolution, which has been held by the rebels for two years. From the air and on the ground, the regime is trying with all its might to wrest back control of the city, capital of a strategically located province.

This week government forces also destroyed the city’s official records building, another apparent attempt to wipe out the city and its history.

The hypocrisy of the international community at this moment seems to know no limits. Aside from the loss of life on the ground, once things calm down in Egypt, and people again look to Syria, the superpowers may realize they have blood on their hands.

–Editorial, The Daily Star (Beirut), July 6, 2013.

***

REPRISE: Hommage à Homs: Jacques Prévert, “Barbara” (with English translation); Paul Verlaine, “Ariette III”
25 Février 2012

First published on February 25, 2012
REPRISE published on June 19,2012

***

Voir / See

BEYROUTH (Reuters) – L’opposition syrienne a accusé mardi l’armée gouvernementale d’intensifier ses bombardements sur les quartiers résidentiels de Homs et les autorités de Damas ont affirmé que les rebelles empêchaient l’évacuation de la population civile de cette ville du centre du pays.

Le chef de la mission de supervision des Nations unies en Syrie (Misnus), le général norvégien Robert Mood, a dit son inquiétude quant au sort des civils pris au piège dans la troisième ville du pays, encerclée par les soldats de Bachar al Assad et bombardée presque quotidiennement depuis le début du mois.

Des dizaines de milliers d’habitants ont déjà fui Homs ces derniers mois.

Samedi, l’Observatoire syrien des droits de l’homme (OSDH), une ONG basée en Grande-Bretagne, a déclaré qu’un millier de familles étaient prises au piège à Homs, sous le feu des troupes gouvernementales. Des dizaines de blessés sont en grand danger en raison du manque de soins, a ajouté l’OSDH.

Selon l’OSDH, les bombardements se poursuivaient mardi marin sur plusieurs quartiers de Homs et un soldat gouvernemental a été tué dans un affrontement.

–Dominic Evans (Beyrouth) et Guy Kerivel,” Poursuite des bombardements sur la ville syrienne de Homs,” Reuters, 19 juin 2012.

***

Dominic Evans, “Syrian forces bombard Homs before U.N. briefing,” The Daily Star, June 19, 2012 08:59 PM (updated: 9:00 PM).

****************************************************

25 Février 2012

REPRISE: Hommage à Homs: Jacques Prévert, “Barbara” (with English translation); Paul Verlaine, “Ariette III”
25 Février 2012

Barbara

Rappelle-toi Barbara
Il pleuvait sans cesse sur Brest ce jour-là
Et tu marchais souriante
Épanouie ravie ruisselante
Sous la pluie
Rappelle-toi Barbara
Il pleuvait sans cesse sur Brest
Et je t’ai croisée rue de Siam
Tu souriais
Et moi je souriais de même
Rappelle-toi Barbara
Toi que je ne connaissais pas
Toi qui ne me connaissais pas
Rappelle-toi
Rappelle-toi quand même ce jour-là
N’oublie pas
Un homme sous un porche s’abritait
Et il a crié ton nom
Barbara
Et tu as couru vers lui sous la pluie
Ruisselante ravie épanouie
Et tu t’es jetée dans ses bras
Rappelle-toi cela Barbara
Et ne m’en veux pas si je te tutoie
Je dis tu à tous ceux que j’aime
Même si je ne les ai vus qu’une seule fois
Je dis tu à tous ceux qui s’aiment
Même si je ne les connais pas
Rappelle-toi Barbara
N’oublie pas
Cette pluie sage et heureuse
Sur ton visage heureux
Sur cette ville heureuse
Cette pluie sur la mer
Sur l’arsenal
Sur le bateau d’Ouessant
Oh Barbara
Quelle connerie la guerre
Qu’es-tu devenue maintenant
Sous cette pluie de fer
De feu d’acier de sang
Et celui qui te serrait dans ses bras
Amoureusement
Est-il mort disparu ou bien encore vivant
Oh Barbara
Il pleut sans cesse sur Brest
Comme il pleuvait avant
Mais ce n’est plus pareil et tout est abimé
C’est une pluie de deuil terrible et désolée
Ce n’est même plus l’orage
De fer d’acier de sang
Tout simplement des nuages
Qui crèvent comme des chiens
Des chiens qui disparaissent
Au fil de l’eau sur Brest
Et vont pourrir au loin
Au loin très loin de Brest
Dont il ne reste rien.

Jacques Prévert, Paroles(1946)

English translation
Barbara

Remember Barbara
It was raining nonstop in Brest that day
and you walked smiling
artless delighted dripping wet
in the rain
Remember Barbara
It was raining nonstop in Brest
and I saw you on rue de Siam
You were smiling
and I smiled too
Remember Barbara
You whom I did not know
You who did not know me
Remember
Remember that day all the same
Don’t forget
A man was sheltering under a porch
and he called your name
Barbara
and you ran toward him in the rain
Dripping water delighted artless
and you threw yourself in his arms
Remember that Barbara
and don’t be angry if I talk to you
I talk to all those I love
even if I’ve seen them only once
I talk to all those who love
even if I don’t know them
Remember Barbara
Don’t forget
that wise happy rain
on your happy face
in that happy town
That rain on the sea
on the arsenal
on the boat from Ouessant
Oh Barbara
What an idiot war
What has happened to you now
In this rain of iron
of fire of steel of blood
and the one who held you tight in his arms
lovingly
is he dead vanished or maybe still alive
Oh Barbara
It is raining nonstop in Brest
as it rained before
But it’s not the same and everything is ruined
It’s a rain of mourning terrible and desolate
It’s not even a storm any more
of iron of steel of blood
Just simply clouds
that die like dogs
Dogs that disappear
along the water in Brest
and are going to rot far away
far far away from Brest
where there is nothing left.

–Jacques Prévert (1900-1977). The Breton city of Brest, France, where the poet saw Barbara, was the main German submarine base for the Atlantic during World War II. Brest was totally destroyed by bombing raids by the end of the war. Only three buildings were left standing.

Translation and text by Sedulia Scott.

Voire aussi

20th Century French Poetry: Narrated by Paul Mankin

“Barbara” chantée par Yves Montand

On se souvien aussi d’un poème de Paul Verlaine, ce qui suit:

Ariette III

Il pleure dans mon coeur
Comme il pleut sur la ville
Quelle est cette langueur
Qui pénètre mon coeur?

O bruit doux de la pluie
Par terre et sur les toits!
Pour un coeur qui s’ennuie,
O le chant de la pluie!

Il pleure sans raison
Dans ce coeur qui s’écoeure.
Quoi! nulle trahison?
Ce deuil est sans raison.

C’est bien la pire peine
De ne savoir pourquoi,
Sans amour et sans haine,
Mon coeur a tant de peine!

–Paul Verlaine, Romances sans paroles, 1874

L’Observateur Incisif
(The Trenchant Observer)

The risks of playing the Russians’ diplomatic game: Putin, al-Assad, and their willing dupe–Barack Obama

Wednesday, May 22nd, 2013

Unless the military balance shifts, talk of diplomacy is little more than an excuse to ignore atrocities and red lines. The choice is not between diplomacy and greater U.S. involvement. Without the latter, the former will fail.
–Trudy Rubin, “What Russia gave Kerry on Syria: Very little,” Philadelphia Inquirer, May 12, 2013 (3:01 a.m.)

To watch U.S. and Russian diplomatic efforts regarding Syria, one is tempted to view developments related to Obama’s decision to “work through the Russians” one more time, just as the U.S. did this time last year, as a kind of historical “instant replay”.

Unfortunately, what is occurring now is immensely more serious than what happened last year. History has not stood still. The situation in Syria is infinitely worse than it was a year ago, bad as it was then.

What many perceived as the risks of U.S. inaction, of the U.S. not leading at all, not even from the rear, have in large degree materialized.

The risk that extremists allied with Al-Queda might assume a commanding position among the insurgents has materialized in the form of the al-Nusra Front and other groups.

The risk that the conflict might spill over into other countries and become a regional conflict is increasingly being realized, as Hezbollah militia members fight alongside al-Assad’s Syrian army forces in al-Qusair, exerting such extraordinary pressure on Lebanon that the latter could itself explode in civil war within the next year.

Iran, perhaps emboldened by Obama’s failure to back his word regarding the “red line” of chemical weapons with actions when that line was crossed, now have trainers in Syria, and are very much engaged in the conflict, providing arms, intelligence, and advice.

A year ago it was argued that the U.S. should intervene in part because that would cause a severe setback to Iran. The opposite has occurred. U.S. passivity and inaction have handed Iran a victory, and emboldened it in its support of the al-Assad regime. Indeed, Hesbollah, which is highly dependent on Iran, may have sent its fighters to Syria at the Iranians’ request. It is hard to discern a thread of logic that would justify such an action within the Lebanese political context.

The risks of Israel, the U.S. and Russia getting drawn into the conflict have also increased, and begun to materialize.

On May 3-5, Israel conducted air strikes within Syria which were reportedly aimed at destroying a shipment of Fateh-110 missiles, which are medium-range advanced guided missiles capable of hitting targets at a range of up to 300 kilometers.

The first strikes were on May 3-4.

See Syrian media reports Israeli rocket fire targets military research center; Western intelligence sources confirm, say targets were Fateh-110 surface-to-surface missiles,” Haaretz, May 4, 2013 (10:48 PM).

President Obama argued that the air strikes (if they occurred) were justified. Haaretz reported,

Obama, in an interview with the Spanish-language network Telemundo as part of a three-day Latin America tour that ended in Costa Rica, would not comment on whether the strikes had in fact taken place.

“I’ll let the Israeli government confirm or deny whatever strikes that they’ve taken,” he said.

But Obama, who visited Israel in March, made clear such strikes would be justified.

“What I have said in the past and I continue to believe is that the Israelis justifiably have to guard against the transfer of advanced weaponry to terrorist organizations like Hezbollah. We coordinate closely with the Israelis recognizing they are very close to Syria, they are very close to Lebanon,” he said. (emphasis added)

–Reuters, “Obama: Israel has the right to guard against Hezbollah arms transfer; Syrian media reports Israeli rocket fire targets military research center; Western intelligence sources confirm, say targets were Fateh-110 surface-to-surface missiles,
Haaretz, May 4, 2013 (10:48 PM).

Subsequent to Obama’s statement, Israel unleashed a second attack within Syria reportedly aimed at destroying the missiles.

See Gili Cohen, Amos Harel and Reuters, “Israel overnight strike targeted Iranian missile shipment meant for Hezbollah'; Only a few days after an alleged Israeli strike, Syrian media reports Israeli rocket fire targeted a military research center; Western intel sources confirm Syrian reports, say targets were Iranian Fateh-110 surface-to-surface missiles,” Haaretz, May.05, 2013 (8:13 AM).

Worth noting in passing is the fact that the U.N. Charter and international law do not permit anonymous attacks on another country for which no legal justification is given. Moreover, Obama’s argument, for the Israelis, stretches the right of self-defense recognized by Article 51 of the U.N. Charter far beyond the breaking point, as that right in international law is limited to situations where an armed attack “occurs”.

Russia has been reported as shipping ground to sea missiles to Syria (known as “Yakhonts”), and as being on the verge of shipping a new, more sophisticated air defense system and missiles (known as S-300) to Syria.

See

Michael R. Gordon and Eric Schmitt, “Russia Sends More Advanced Missiles to Aid Assad in Syria.” New York Times, May 16, 2013.

With Israel bombing arms shipments destined for Hezbollah within the territory of Syria, Russia delivering ground to sea missiles to the al-Assad regime, and Russia threatening to ship S-300 advanced missile defense systems to Syria, the risk of a direct confrontation bwtween Israel, Russia and/or the United States is substantial.

Wars often happen by accident, it may be useful to recall.

The other risk of playing the Russians’ diplomatic game in 2013, like the U.S. did in 2012, is that another 50,000 people, or more, may be killed in the coming year.

This, however, appears to be the least of the considerations being taken into account in Washington.

Russia is pushing the peace conference and negotiations with Bashar al-Assad because it limits the ability of the U.S. and other countries who oppose him to mount any kind of military action that might actually shift the balance against al-Assad and help bring the fighting and his commission of war crimes and crimes against humanity to a halt.

The Russians now appear to have decided to engage in a more direct confrontation with the United States, introducing substantial military assets for Syria into the mix. They, like the Iranians, may be starting to think that al-Assad can murder his way out of the current situation, and retain his hold on power. This has always been al-Assad’s preferred–and perhaps only–solution.

With Hesbollah and Israel directly entering the fray, the risks of playing the Russians’ diplomatic game, which provides Obama with diplomatic cover for his continuing inaction, are becoming very great indeed–and potentially explosive.

The Trenchant Observer

REPRISE: “Looney Toons” at the White House: New York Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27, 2012)

Tuesday, May 7th, 2013

Introduction to the REPRISE (May 7, 2013)

So, Obama’s “red line” on the use of chemical weapons in Syria turns out to be a red line that leads directly to the Kremlin.

What American diplomacy has failed to achieve, spectacularly, Obama and Secretary of State John Kerry now think they can achieve by talking to Putin and Lavrov.

Well, maybe. But hardly likely. Lavrov and Putin now achieve their goal of holding the conference Kofi Annan conjured up as one of his last “castles in the sky” at the conference held at Geneva on June 30, 2012.

How this will stop the killing in Syria is anyone’s guess.

It is just words, words to get Obama off the hook for his “red line” comment, which have come back to haunt him now that al-Assad has used chemical weapons in Syria.

Now that Obama is once again seeking a solution by going to the Russians, who have steadfastly supported al-Assad in his commission of war crimes and crimes against humanity, we can all breathe a sigh of relief. See the following Reprise from the Trenchant Observer to understand just how pitiful this last move by Obama and “the gang who couldn’t shoot straight” is.

Sadly, our hopes in John Kerry seem to have been misplaced.  He appears now to have joined “the gang who couldn’t shoot straight”.  His role will be to do Obama’s bidding.  Obama will continue to control foreign policy from the White House, guided by assistants such as Ben Rhodes.

If this course is not corrected, the disasters of Obama’s first term are likely to be repeated, on a much grander scale with much graver consequences.

REPRISE: “Looney Toons” at the White House: New York  Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27)

Originally published May 27, 2012

looney-tunes
adj.
[after Looney Tunes, trademark for a series of animated cartoons] [Slang] crazy; demented: also loon’ y-tunes

***
loony
[Slang]
adj.
loon’i-er, looní-est [LUNATIC] crazy; demented
n.,
pl. loon’-ies a loony person Also loon” ey, pl. -eys

***
–Webster’s New Worl Dictionary

**************************************************

In a front-page article in today’s New York Times, Helen Cooper and Mark Landler describe the thinking behind President Obama’s policy towards Syria. They report,

WASHINGTON — In a new effort to halt more than a year of bloodshed in Syria, President Obama will push for the departure of President Bashar al-Assad under a proposal modeled on the transition in another strife-torn Arab country, Yemen.

The plan calls for a negotiated political settlement that would satisfy Syrian opposition groups but that could leave remnants of Mr. Assad’s government in place. Its goal is the kind of transition under way in Yemen, where after months of violent unrest, President Ali Abdullah Saleh agreed to step down and hand control to his vice president, Abdu Rabbu Mansour Hadi, in a deal arranged by Yemen’s Arab neighbors. Mr. Hadi, though later elected in an uncontested vote, is viewed as a transitional leader.

The success of the plan hinges on Russia, one of Mr. Assad’s staunchest allies, which has strongly opposed his removal.

–Helen Cooper and Mark Landler, “U.S. Hopes Assad Can Be Eased Out With Russia’s Aid,” New York Times, May 27, 2012.

President Obama, administration officials said,

will press the proposal with President Vladimir V. Putin of Russia next month at their first meeting since Mr. Putin returned to his old post on May 7. Thomas E. Donilon, Mr. Obama’s national security adviser, raised the plan with Mr. Putin in Moscow three weeks ago.

Donilon, who is not a seasoned diplomat, apparently did not impress Putin, judging by the latter’s cancellation of his participation in the G-8 summit at Camp David on May 18-19.

The biggest problem with the Yemen model, several experts said, is that Yemen and Syria are starkly different countries. In Yemen, Mr. Saleh kept his grip on power for three decades by reconciling competing interests through a complex system of patronage. When his authority collapsed, there was a vice president, Mr. Hadi, who was able to assert enough control over Yemen’s splintered security forces to make him a credible transitional leader.

In Syria, by contrast, Mr. Assad oversees a security state in which his minority Alawite sect fears that if his family is ousted, it will face annihilation at the hands of the Sunni majority. That has kept the government remarkably cohesive, cut down on military defections and left Mr. Assad in a less vulnerable position than Mr. Saleh. Even if he leaves, American officials conceded, there is no obvious candidate to replace him.

The sheer incompetence of this White House on foreign policy matters is stunning.

Paradoxically, among a number of news commentators within the Washington bubble, Obama is viewed as doing pretty well on foreign policy, particularly since taking out Osama Bin Laden. None of these commentators are foreign policy experts with any experience, however. Further, Democratic foreign policy experts have largely held their silence, probably out of concern that criticism could help the Republicans in the November elections. Moreover, Obama has since his first days in office charmed the press, and many reporters and commentators are simply unwilling to criticize the administration on foreign policy issues in any fundamental way.

Significantly, the Washington Post, which is the one newspaper read by most government officials in Washington, has simply failed to cover Syria with a reporter, usually being content to just run the AP wire story. What contributions they do make are limited in the main to stories providing information by administration officials, named and unnamed.

The Editorial Board, on the other hand, has written some clear-minded editorials on Syria. The disconnect betwee the Editorial Board and the reporting side of the newspaper is hard to understand, especially in view of the Post’s illustrious history.

Despite the reputed “successfulness” of the administration’s foreign policy leadership–which analytically does not stretch beyond the fact that it has not become an issue which hurts the Obama in the presidential race, the utter lack of serousness of Preident Obama and the White House on Syria is exposed for all to see in today’s New York Times article by Cooper and Landler.

Washington’s response to Moscow’s callous support of al-Assad as he killed thousands of people through war crimes and crimes against humanity is on a par with Éduoard Daladier’s and Neville Chamberlain’s betrayal of Czechoslovakia in October, 1938, when they signed “the Munich Pact”.

One of the first betrayals on Syria was with Turkey:

Secretary Clinton caught her Turkish counterpart off guard during their meeting in Washington last month. Clinton reportedly told Foreign Minister Ahmet Davutoglu that the Obama Administration “preferred going through the Russians” in an attempt to achieve a political solution being shopped by the UN/Arab League’s Special Syrian Envoy Kofi Annan.
–Amb. Marc Ginsberg, “Syria Is Obama’s Srebrenica,” Huffington Post (The Blog), March 28, 2012 .

On the U.S. decision to sell out its regional allies and to work through Russia instead, see

The Trenchant Observer, “The emperor has no clothes”: Foreign policy without a moral core—Obama’s Debacle in Syria — Update #19 (March 29), March 29, 2012.

The Trenchant Observer, “Into the Abyss: Washington’s Fecklessness, Syria’s Fate—Obama’s Debacle in Syria — Update #20 (March 30), March 30, 2012.

The reader is invited to read the Observer’s recent articles on Syria, and to draw his or her own conclusions as to whether Obama, Donilon, Clinton and the rest of the administration’s foreign policy team are conducting a competent foreign policy, first of all in Syria, but also everywhere else.

In the Observer’s opinion, this team is “the gang who couldn’t shoot straight”. For example, the Sixth Summit of the Americas, held in Cartagena, Colombia on April 14-15, was totally overshadowed by the prostitution scandal involving members of the Secret Serivce and the U.S. military. Little press attention was given to the substance of the meeting, the most important of the year with the leaders of the Latin American countries.

See Brian Ellsworth (Cartagena, Colombia), “Despite Obama charm, Americas summit boosts U.S. isolation,” April 16, 1012.

Now, on the Syrian question, by following a path of “working through the Russians”, the Obama administration has given up its last shred of moral legitimacy in the Middle East. Between al-Assad, Russia, China, and Iran, on the one hand, and the people of Syria, Turkey, Qatar, Saudi Arabia and other Arab countries, on the other, and in the face of immense human suffering and the ongoing commission of war crimes and crimes against humanity by the al-Assad regime, the United States is pursuing a strategy of “working through the Russians.”

Obama is incompetent as a foreign policy leader. Former Ambassador Marc Ginsberg is to be congratulated for his moral courage in speaking out on the question of Syria, in a clear voice.

What the United States needs, desperately, is for other foreign policy experts–and national leaders–to speak out with equal clarity, be they aligned with the Democratic Party in the United States, with the Republicans, or from other countries that are friends of the United States.

In the meantime, the international community would do well to look elsewhere than to the United States for leadership on the Syrian question.

See The Trenchant Observer, “At least 70 killed nationwide; massacre of 50 in Houla; U.N. International Commission on Syria Update—Obama’s Debacle in Syria — Update # 43 (May 25),” May 25, 2012.

The Trenchant Observer, “Chief of UN Observers confirms massacre at Houla; NGOs report 35 children and total of 110 killed—Obama’s Debacle in Syria — Update #44 (May 26),” May 26, 2012.

The Trenchant Observer

REPRISE: The U.N. Charter, International Law, and Legal Justifications for Military Intervention in Syria—Obama’s Debacle in Syria — Update #90 (December 12, 2012)

Wednesday, December 12th, 2012

This article was first published on September 1, 2012

The situation in Syria (is) unfolding “in front of our eyes”, with the regime deploying fighter jets against the people, in addition to heavy artillery and tanks, (Ahmet DAVUTOĞLU, the Foreign Minister of Turkey, told the Security Council on August 30). “How long are we going to sit and watch while an entire generation is being wiped out by random bombardment and deliberate mass targeting?” he asked. “If we do not act against such a crime against humanity happening in front of our eyes, we become accomplice to the crime,” he warned.

As we wrote following the August 30 meeting of the Security Council,

Everyone wants a ceasefire and an end to the killing. Few seem to have come to grips with the fact that the use of force will be required, outside the framework of the Security Council. There can be little doubt that, within the Security Council itself, there is not going to be any agreement to use force (or even to adopt strong economic sanctions) to bring al-Assad’s barbarism to a halt.

This will have to be done outside the framework of the Security Council. What is needed is for one or more countries, preferably but not necessarily acting as a coalition, to just act to set up the safe zones, and one or more accompanying no-fly zones if that is required as a result of al-Assad’s response.

–U.N. Security Council Meets: More “blah, blah, blah”, and no action—Obama’s debacle in Syria — Update #82 (August 30), August 31, 2012.

Such action should be accompanied by a justification under international law.

That justification should stress that the purpose of the action is to protect the population of Syria against the commission of war crimes and crimes against humanity.

The stated purpose of the operation should not be to overthrow the government of Bashar al-Assad, which is impermissible under international law. On the other hand, it would be permissible if an operation which protected the population against the commission of such crimes also facilitated a process that would bring to account those in Syria who are responsible for the commission of war crimes and crimes against humanity.

While such fine distinctions may seem of little significance to those not versed in international law, they are in fact quite important in terms of limiting the precedent that would be set and obtaining support from other countries for such action, if not immediately at least over time.

For further discussion of legal justifications for intervention in Syria, see the following articles by The Trenchant Observer and the sources cited therein:

Continuing massacres in Syria, at Daraya and elsewhere; legal justification for military intervention — Obama’s Debacle in Syria —Update #78 (August 26), August 26, 2012

REPRISE: Humanitarian Intervention in Syria Without Security Council Authorization—Obama’s Debacle in Syria— Update #68 (July 25), July 25, 2012

Military Intervention to establish “no-kill zones” and humanitarian corridors—Syria Update #9 (February 25), February 24, 2012

The critical issue with respect to legal justifications for establishing and defending “safe zones” or “no-kill zones” in Syria, and the establishment of no-fly zones if required, is whether such action would violate Article 2 paragraph 4 of the United Nations Charter. Article 2(4) provides:

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

On the face of it, the use of force to enforce a no-fly zone, or to defend a “safe zone” from assaults by Syria’s army, would involve an action against the “territorial integrity” of Syria. This is the horn of the dilemma.

Read literally, any permanent member of the Security Council could, through the use of its veto, block any military action by any state within the territory of another state, except in the case of an “armed attack”, no matter what the circumstances. In principle, such a veto could block any action by the civilized nations of the world to bring to a halt a war crimes and crimes against humanity, ethnic cleansing such as occurred in Kosovo, or even genocide such as that conducted by Adolph Hitler during World War II.

Various interpretations of the Charter have proposed ways out of this logical box. One is the so-called “teleological” interpretation, by which Article 2(4) must be interpreted not literally, but rather in the light of the general purposes of the U.N. Charter and its other principles. Using this approach, one might justify the establishment of “no-kill zones” and “no-fly zones” in Syria.

The problem is that such “teleological” interpretations might open Pandora’s box, allowing multiple interpretations and opportunities for abuse by states intervening for their own purposes, e.g., to overthrow the al-Assad regime, while putting a humanitarian argument forward to justify their actions. Or, to cite another example, Israel and the United States might attempt to justify an attack on Iran to take out or greatly degrade its nuclear enrichment capabilities and what they believe is a secret program aimed at developing nuclear weapons, on the rationale that it is necessary to maintain international peace and security.

Alternatively, Israel and the United States could in principle attempt to justify an attack on Iran as an exercise of the right of individual and collective self-defense, an exception to the prohibition in Article 2(4) contained in Article 51 of the Charter, which provides:

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.

The key words in Article 51 are “if an armed attack occurs”, which has been interpreted as embodying the requirements that the armed attack have occurred or be imminent, immediate and leave no time for other actions. Exercise of the right of self-defense has traditionally been subject to the requirements “immediacy, necessity and proportionality”.

See Flavio Paioletti, “The 21st Century Challenges to Article 51,” e-International Relations, June 30, 2011.

The United States and other nations have not always acted within this tight legal framework. In 1999, for example, the United States and NATO conducted a unilateral bombing campaign against Serbia in a successful effort to get the government to stop its policy of ethnic cleansing in Kosovo. Despite its humanitarian purpose, no legal justification was advanced by the U.S. Department of State for the action.

In Iraq, the United States sought to justify its 2003 invasion of that country both on the basis of previous Security Council resolutions and on the basis of the “right” advanced by the Bush administration to “pre-emptive self defense”.

The concern of states and legal scholars from around the world is that by allowing “teleological” interpretations of Article 2(4) or expansive interpretations of what constitutes “an armed attack” creating a right of individual and collective self-defense, such interpretations would open the door to increasingly expansive assertions of the right to use force across international frontiers. It is significant that in the case of Kosovo, no legal justification was offered.

So, we are left with the legal regime brilliantly defined by the founders of the United Nations to establish rules and mechanisms to effectively regulate the international use of force, on the one hand, and the fact that as the populations of more and more countries seek to demand respect for their fundamental human rights, and the right to participate in government, existing dictorships may resort to the appalling use of terror and crimes against humanity and war crimes in defending their hold on power, as has happened recently in Libya and Syria.

Unlike domestic laws and the constitution in the U.S., the United Nations Charter and other international agreements are subject to rules of strict interpretation, as established in the Vienna Convention on the Law of Treaties. This makes sense, as nations are generally extremely wary of ceding authority to international institutions, and rules of strict interpretation are necessary in order to secure participation in international treaties. While the United Nations Charter is something of a special case, since very few countries would consider withdrawal from the organization, acceptance of the compulsory jurisdiction of the International Court of Justice remains voluntary, a fact which underlines the continuing importance of rules of strict interpretation.

Caught in this logical box, are we to stand idly by as tens of thousands or hundreds of thousands of human beings are slaughtered, whenever a permanent member of the Security Council exercises a veto?

The United Nations Charter is 67 years old. It has survived the Korean war, the war in Vietnam, the invasions of Hungary, Czechoslovakia, and Afghanistan (1980), the Balkan wars, genocide in Rwanda and the Sudan, and the U.S. invasion of Iraq.

The fundamental question is whether states should: (1) simply act outside the charter when they feel compelled to do so for humanitarian reasons (e.g., Kosovo); (2) justify their actions on legal grounds, preferably as taken with the support of regional organizations (e.g., NATO) or a broad coalition of nations; or (3) do nothing in the face of acts of barbarism such as those being committed in Syria.

In the case of Kosovo, Russia brought a resolution to a vote in the Security Council which condemned the bombing of Serbia, but the resolution was defeated 12-3.

Perhaps that is as close to 100% compliance with the Charter norms as we can get in the world today.

The ultimate choice is between undertaking effective action that will halt the atrocities in Syria, or sticking with our current policies.

In the case of the U.S., the current policy is carefully calibrated to comply with the requirements on the use of force laid down by the International Court of Justice in 1986 in the Nicaragua case. In that case, the Court held that direction and control of rebel groups was required in order for assistance to rebel groups to constitute an armed attack, thereby triggering a right of individual or collective self defense.

If the decision is made to establish safe zones and associated no-fly zones (if necessary), a final choice is whether to provide some legal justification for such action, or to follow the example of the United States in the NATO bombing of Serbia in 1999, and offer none.

While the choice here is not entirely clear, a strong argument can be made for advancing a highly restrictive legal justification, narrowly tailored to the circumstances in the Syrian case, together with the support of a regional body such as NATO, and undertaken only as a provisional measure of protection until such time as the Security Council can act effectively to protect the population of Syria from the commission of war crimes and crimes against humanity.

Russia may bring a resolution condemning such action in the Security Council. Assuming the resolution is defeated by a healthy margin, as occurred in the case of Kosovo, this may be the closest to compliance with the Charter as is possible today.

The Trenchant Observer