Prohibition of Use of Force and US and Allies Attacks on Syria during 2014-2018

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Mobini Ahmad Reza; Mobini Javad; ASKARI POURIA

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:1 Page(s): 311-332

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Title

Prohibition of Use of Force and US and Allies Attacks on Syria during 2014-2018

Author(s)

Mobini Ahmad Reza | Mobini Javad | ASKARI POURIA | Issue Writer Certificate

Keywords

prohibition of the use of forceQ1

SyriaQ2

ISISQ1

SCQ1

RESQ1

2249Q1

self-defenseQ1

progressive development of the rules governing use of forceQ1

Abstract

US and allies multiple attacks on Syria during 2014-2018 in the excuses of, inter alia, fighting against ISIS and humentrian intervention to prevent claimed use of chemical weapons are in breach of Article 2(4) of the UN Charter. several unacceptable arguments including: “ the unwilling and unable theory” , “ Iraq collective self-defense against ISIS in Syria” , “ the creative and constructive ambiguity of S/RES/2249” and “ implied consent or passive consent theory” have been put forwarded to justify US-led coalition attacks on ISIS in Syria. On the other hand, in an attempt to justify attacks on so called Syrian chemical facilities, it has been explicitly or implicitly RESorted to some invalid arguments including: “ strikes on Syria in retaliation for chemical attack” , “ humanitarian intervention for Chemical Weapons Convention implementation” and “ illegal but legitimate theory” . In oreder to answer the question that “ why do the US and allies attacks against Syria during 2014-2018 are illegal? ” , this paper deSCriptively and analytically consider the deployed arguments supporting the above mentioned attacks and examines this hypothesis: “ the aforementioned attacks are international wrongful acts as they cannot be considered as self-defense or collective security system outlined RESpectively in Article 51 and Article 42 of the UN Charter. On the other hand, the valid consent of Syria, which may precludes the wrongfulness of these attacks, has not been obtained; so, US and allies attacks against Syria during 2014-2018 are illegal. ”

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APA: Copy

Mobini, Ahmad Reza, Mobini, Javad, & ASKARI, POURIA. (2020). Prohibition of Use of Force and US and Allies Attacks on Syria during 2014-2018. PUBLIC LAW STUDIES QUARTERLY, 50(1 ), 311-332. SID. https://sid.ir/paper/251219/en

Vancouver: Copy

Mobini Ahmad Reza, Mobini Javad, ASKARI POURIA. Prohibition of Use of Force and US and Allies Attacks on Syria during 2014-2018. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(1 ):311-332. Available from: https://sid.ir/paper/251219/en

IEEE: Copy

Ahmad Reza Mobini, Javad Mobini, and POURIA ASKARI, “Prohibition of Use of Force and US and Allies Attacks on Syria during 2014-2018,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 1 , pp. 311–332, 2020, [Online]. Available: https://sid.ir/paper/251219/en

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