Trump's Missile strike on Syria: The legality of using force to deter chemical warfare

TY - JOUR

T1 - Trump's Missile strike on Syria: The legality of using force to deter chemical warfare

AU - Henriksen, Anders

PY - 2018/4/1

Y1 - 2018/4/1

N2 - The article discusses the legality of the American missile strike on Syria on 6 April 2017, that was initiated in response to the Assad regime's alleged (repeated) use of chemical weapons in the Syrian civil war. While the academic debate about the legality under international law of the strike has primarily focused on the legality of humanitarian interventions in the traditional sense, the article argues that the strike should instead be discussed as an example of a particular form for humanitarian intervention; one that merely seeks to deter a state from using chemical weapons against civilians. This seems clear from both official US statements about the strike and from the international reactions to the military operation. The article then provides an overview of the strong international norm against chemical warfare and discusses the potential development of-and likely criteria for-a right in international customary law to use force to deter a state from using chemical weapons against civilians.

AB - The article discusses the legality of the American missile strike on Syria on 6 April 2017, that was initiated in response to the Assad regime's alleged (repeated) use of chemical weapons in the Syrian civil war. While the academic debate about the legality under international law of the strike has primarily focused on the legality of humanitarian interventions in the traditional sense, the article argues that the strike should instead be discussed as an example of a particular form for humanitarian intervention; one that merely seeks to deter a state from using chemical weapons against civilians. This seems clear from both official US statements about the strike and from the international reactions to the military operation. The article then provides an overview of the strong international norm against chemical warfare and discusses the potential development of-and likely criteria for-a right in international customary law to use force to deter a state from using chemical weapons against civilians.

U2 - 10.1093/jcsl/kry005

DO - 10.1093/jcsl/kry005

M3 - Journal article

SN - 1467-7954

VL - 23

SP - 33

EP - 48

JO - Journal of Conflict and Security Law

JF - Journal of Conflict and Security Law

IS - 1

ER -