Law and Rights
The government has presented its case for extending British military action to Syria in its effort, along with other nations, to deal with the threat to international security posed by Islamic State (ISIL). Let's recall that the United Nations Security Council recently referred to this threat as a global and unprecedented threat to international peace and security. The Security Council unanimously passed Resolution 2249 (2015) - previous post and Read the Resolution.
Foreign Affairs Committee Second Report of Session 2015-16 on the Extension of offensive British military operations to Syria published 29th October 2015. The report contains discussion as to the legality of the proposed action (at page 11). The evidence given to the committee by Professor Marc Weller and Mr Dominic Grieve QC MP are both referred to. Their evidence was given in early October and early September respectively - a considerable time before the attacks in Paris (13th November).
The Prime Minister's statement of 26th November 2015 responding to the Foreign Affairs Committee Second Report of Session 2015-16. It is clear from the statement that the prime Minister does not regard military action as the whole answer.
The more detailed written response to the Foreign Affairs Committee report.
The government is committed to asking the House of Commons to approve military action being extended to Syria. In his statement, the Prime Minister said - "There will not be a vote in this House unless there is a clear majority for action??because we will not hand a publicity coup to ISIL. Mr Speaker, I am also clear that any motion we bring before this House will explicitly recognise that military action is not the whole answer." There is clear reference in the statement to the need for a new Syrian government to replace that of President Assad though it is said that this will be achieved by "political transition."
In large measure, the government bases the legality of its proposal on Article 51 of the United Nations Charter which was discussed back in September in this previous post relating to the killing by drone attack of Reyaad Khan and others.
The United Nations Charter Article 51 states:
"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."
- Understanding Un Security Council Resolutions
United Nations Security Council Resolutions (UNSCR) are most important at an international level and yet they can be difficult to interpret. They are not treaties. Understanding of the proceedings at the Council prior to the resolution is...
- A Global And Unprecedented Threat To International Peace And Security - Unscr 2249 (2015)
Updated 26th November: Islamic State" (IS) claimed responsibility for the attacks in Paris on Friday 13th November - Reuters 14th November. At the time, the President of France described the attacks as "an act of war." The United Nations Security...
- Reported Killing Of Mohammed Emwazi (jihadi John)
The Prime Minister (Rt. Hon. David Cameron MP) reported that a United States of America "drone" attack may well have killed the terrorist Mohammed Emwazi - the Islamic State "executioner" known as Jihadi John - Number 10 Prime Minister's Statement. ...
- Reyaad Khan: The U.k. Government's Letter To The United Nations
Article 51 of the United Nations (UN) Charter requires that self-defensive actions are reported immediately to the UN. Thanks to Carl Gardner and the Head of Legal Blog for highlighting the UK's letter to the President of the Security Council...
- View From The North ~ A Killing In Syria
A View from the North Updated 14th September ... It is common knowledge that the United Kingdom government (and its allies such as the USA) have extensive intelligence and surveillance capabilities including the ability to monitor the activities of individuals....
Law and Rights
Extending British military action to Syria ~ the government's case
Foreign Affairs Committee Second Report of Session 2015-16 on the Extension of offensive British military operations to Syria published 29th October 2015. The report contains discussion as to the legality of the proposed action (at page 11). The evidence given to the committee by Professor Marc Weller and Mr Dominic Grieve QC MP are both referred to. Their evidence was given in early October and early September respectively - a considerable time before the attacks in Paris (13th November).
The Prime Minister's statement of 26th November 2015 responding to the Foreign Affairs Committee Second Report of Session 2015-16. It is clear from the statement that the prime Minister does not regard military action as the whole answer.
The more detailed written response to the Foreign Affairs Committee report.
The government is committed to asking the House of Commons to approve military action being extended to Syria. In his statement, the Prime Minister said - "There will not be a vote in this House unless there is a clear majority for action??because we will not hand a publicity coup to ISIL. Mr Speaker, I am also clear that any motion we bring before this House will explicitly recognise that military action is not the whole answer." There is clear reference in the statement to the need for a new Syrian government to replace that of President Assad though it is said that this will be achieved by "political transition."
In large measure, the government bases the legality of its proposal on Article 51 of the United Nations Charter which was discussed back in September in this previous post relating to the killing by drone attack of Reyaad Khan and others.
The United Nations Charter Article 51 states:
"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."
- Understanding Un Security Council Resolutions
United Nations Security Council Resolutions (UNSCR) are most important at an international level and yet they can be difficult to interpret. They are not treaties. Understanding of the proceedings at the Council prior to the resolution is...
- A Global And Unprecedented Threat To International Peace And Security - Unscr 2249 (2015)
Updated 26th November: Islamic State" (IS) claimed responsibility for the attacks in Paris on Friday 13th November - Reuters 14th November. At the time, the President of France described the attacks as "an act of war." The United Nations Security...
- Reported Killing Of Mohammed Emwazi (jihadi John)
The Prime Minister (Rt. Hon. David Cameron MP) reported that a United States of America "drone" attack may well have killed the terrorist Mohammed Emwazi - the Islamic State "executioner" known as Jihadi John - Number 10 Prime Minister's Statement. ...
- Reyaad Khan: The U.k. Government's Letter To The United Nations
Article 51 of the United Nations (UN) Charter requires that self-defensive actions are reported immediately to the UN. Thanks to Carl Gardner and the Head of Legal Blog for highlighting the UK's letter to the President of the Security Council...
- View From The North ~ A Killing In Syria
A View from the North Updated 14th September ... It is common knowledge that the United Kingdom government (and its allies such as the USA) have extensive intelligence and surveillance capabilities including the ability to monitor the activities of individuals....