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Legitimacy versus legality redux: arming the Syrian rebels

Schmitt, M. N. (2014) Legitimacy versus legality redux: arming the Syrian rebels. Journal of National Security Law and Policy, 7 (1). pp. 139-159. ISSN 1553-3158

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Official URL: https://jnslp.com/2014/02/12/legitimacy-versus-leg...

Abstract/Summary

This article examines the international law issues surrounding the US policy decision to arm Syrian rebels. Topics discussed as potential violations of international law include the prohibition on the use of force, the principle of non-intervention, Security Council action and State responsibility for any unlawful activities of the rebels. The Article also examines possible justifications for the action under international law including self-defense, military aid to a government, humanitarian intervention, an action against the enemy during an armed conflict, and the taking of countermeasures. The article concludes that arming the rebels is questionable as a matter of law, although it notes that it may be legitimate (it draws no conclusions on this latter point).

Item Type:Article
Refereed:Yes
Divisions:No Reading authors. Back catalogue items
Faculty of Arts, Humanities and Social Science > School of Law
ID Code:89841
Publisher:University of the Pacific, McGeorge School of Law, and the Institute for National Security and Counterterrorism (INSCT) of the Maxwell School of Citizenship & Public Affairs and College of Law of Syracuse University.

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