From Our Inbox

U.S. should help Syrian rebels

 

The escalating death toll in Syria, which exceeds 60,000, has increased pressure on President Barack Obama to do more to help the Syrian opposition. But traditional legal rules that protect international peace and security constrain the president’s options. Although the administration recognized the Syrian Opposition Council last month as the “legitimate representative of the Syrian people,” that announcement created no new legal basis for Washington to give weapons to Syrian rebels or to intervene with military force against the Assad government. If Bashar Assad’s atrocities continue, Obama will find it difficult to provide more U.S. assistance consistent with international law.

The U.N. Charter prohibits member states from using force against or intervening in the internal affairs of other states unless authorized by the U.N. Security Council or justified by self-defense. These rules make it unlawful for any country to use direct military force against the Assad regime, including establishing “no-fly zones” or providing arms to the Syrian opposition without Security Council approval. Russia and China, of course, have continued to block such approval.

Over the years, people in and outside government advocating U.S. intervention — whether in Syria, Libya or other circumstances — have chafed at these restrictions. Many human rights advocates believe that traditional non-intervention principles unduly constrain efforts to prevent mass atrocities; some have urged recognition of a new international norm that would allow “humanitarian intervention” in such cases. But most countries, including the United States, have resisted a doctrine of humanitarian intervention because it is likely to be abused by potential aggressors.

Many conservatives have long been skeptical of international legal rules that purport to restrict sovereign nation-states’ freedom of action. In an unusual convergence, these conservatives agree with liberal human rights advocates that international law should not prevent the use of force or other forms of intervention to help the Syrian opposition.

In the president’s own words, his endorsement of the Syrian Opposition Council on Dec. 11 was a “big step.” His announcement followed similar endorsements by Britain, France, Turkey, the European Union and the seven-country Gulf Cooperation Council and paved the way for increased U.S. humanitarian aid to the opposition. Such aid reached more than $210 million last month.

But Obama stopped short of recognizing the opposition as the “government” of Syria. The United States continues to maintain diplomatic relations with Damascus and to treat the Assad regime as Syria’s government.

In July 2011, by contrast, the administration recognized the Libyan opposition as the “legitimate governing authority in Libya.” That represented an unusual departure from past U.S. diplomatic practice of recognizing “states” but not “governments,” especially in the face of competing claims. Recognizing the Libyan opposition as that country’s government allowed the Obama administration to unfreeze substantial Libyan-government assets in the United States and to turn them over to the opposition.

Treating the Syrian group as the “representative” of the people does not have a similar legal effect and does not allow the United States to treat the opposition’s requests for aid or support as a legal basis for U.S. military intervention.

© 2012, The Washington Post

Read more From Our Inbox stories from the Miami Herald

  • IRS tax-exempt rules are the real scandal

    It’s strange how “scandal” gets defined these days in Washington. At the moment, everyone is screaming about the “scandal” of the Internal Revenue Service scrutinizing conservative nonprofits before granting them tax-exempt status.

  • Putin’s power grab trumps nanotechnology

    Russian President Vladimir Putin’s changing attitude toward two giant government-led high-tech projects sends a troubling message about his third term in office: Maintaining power is more important than modernizing the economy.

  • Bring back managed trade to help workers’ safety

    If all it took were official cajoling, public shaming, technical assistance or corporate promises, factory jobs in Bangladesh and other developing countries wouldn’t be so deadly.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category