US Bombing Syrian Troops Would Be Illegal

Exclusive: Secretary of State Kerry met with dissident State Department “diplomats” to hear their call for U.S. airstrikes on Syrian government troops, but the plan is both dangerous and illegal, writes Marjorie Cohn.

By Marjorie Cohn

In an internal “dissent channel cable,” 51 State Department officers called for “targeted military strikes” against the government of Bashar al-Assad in Syria, a proposal that President Barack Obama has thus far resisted. However, were he to accept the cable’s advice, he would risk a dangerous – possibly catastrophic – confrontation with Russia. And, such a use of military force in Syria would violate U.S. and international law.

While the cable decries “the Russian and Iranian governments’ cynical and destabilizing deployment of significant military power to bolster the Assad regime,” the cable calls for the United States to protect and empower “the moderate Syrian opposition,” seeking to overthrow the Syrian government.

However, Assad’s government is the only legitimate government in Syria and, as the sovereign, has the legal right to seek international support as it has from Russia and Iran. There is no such legal right for the United States and other countries, such as Saudi Arabia and Turkey, to arm Syrian rebels to attack Assad’s government.

U.S. Secretary of State John Kerry on Aug. 30, 2013, claimed to have proof that the Syrian government was responsible for a chemical weapons attack on Aug. 21, but that evidence failed to materialize or was later discredited. [State Department photo]

The dissent cable advocates what it calls “the judicious use of stand-off and air weapons,” which, the signatories write, “would undergird and drive a more focused and hardnosed US-led diplomatic process.”

Inside Syria, both the United States and Russia are battling the Islamic State (also known as ISIS) as ISIS and other jihadist groups seek to overthrow the Assad government. But while the U.S. is supporting rebel forces (including some fighting ISIS and some fighting Assad), Russia is backing Assad (and waging a broader fight against “terrorists,” including Al Qaeda’s Nusra…