October 30, 2008
US Raid into Syria Part
II: Where is Janus?
US Raid into Syria Part II:
Where is Janus?
My favorite Roman God is Janus, not only is he
the god of gates, doors, doorways, beginnings and endings but an iconic symbol
I refer to when thinking about policy choices. His two faces allow him to look
out and in concurrently.
On October 26th, US Special Operation forces in
Blackhawk helicopters went six miles into Syria, to the village of Sukkariya
and killed Abu Ghadiya, an Iraqi accused of leading an insurgent cell and
smuggling weapons into Iraq. The Bush administration justified the raid by
citing Article 51 of the UN charter, which recognizes the right of member
states to act in self-defense. According to Syria’s foreign minister, Walid
al-Moallem, the raid killed at least eight Syrian civilians. American officials
claim that those injured or killed in the raid were militants, not Syrian
civilians.
The reason I like to refer to Janus when making
policy choices, or even interpersonal choices, is that he has the ability to be
introspective and extrospective at the same time. His image has always reminded
me of the rather banal Golden Rule “do onto others as you would want done onto
you.” In thinking about foreign policy I refer to Janus by posing questions
such as “would the US accept this policy of it was a policy toward the US?” In
our personal lives, we often try to live by this Golden Rule, in foreign policy
it appears hardly, if at all, considered.
Take the aforementioned raid in Syria for
example – but instead the players are now Mexico and the US. Lets say Mexico is
at war and a high level Mexican insurgent, responsible for running weapons and
money into Mexico from the US, is wanted. Mexican officials use their
intelligence and find that he is in Chula Vista, a town in California six miles
from the boarder of Tijuana, Mexico. Blackhawk Mexican helicopters fly six
miles into Chula Vista, CA and engage in a gun battle with the Mexican
insurgents and accidentally kill eight to a dozen US citizens. Mexico, being a
member state of the UN, has also cited Article 51 of the UN charter to defend
its actions.
Putting the US-Syrian real example side-by-side
the Mexican Blackhawk surreal example highlights the limited use of the Golden
Rule when enacting foreign policy. Many policy choices have forgotten the
introspective half of Janus.
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US Raid into Syria: UN
Article 51 Trumps Articles 1 &2?
US Raid into Syria: UN
Article 51 Trumps Articles 1 &2?
An act of aggression by a sovereign nation
against another is considered an act of war, especially when citizens working
in official capacity for one state target those working in official capacity of
another state.
On Sunday October 26th, US Special Operations
forces targeted an Iraqi insurgent 5 miles inside the boarder of Syria, with
whom we are not at war. The US claimed that no civilians or citizens working in
official capacity in Syria were harmed, Syria claims that at least a dozen
civilians were injured or killed.
According to the Bush administration, the US
raid was not an act of war against Syria, but an invocation of Article 51 of
the UN Charter, which permits member states to act in individual or collective
self-defense. The Bush administration stated that it was acting in self-defense
against the Iraqi insurgent inside Syria.
Article 51 states that “nothing in the present
charter shall impair the inherent right of individual or collective self
defense,” indicating that this right has always-inherently been customary law,
even prior to the creation of the UN charter and subsequent international law.
However, Articles 1 and 2 of the UN Charter also exist, which call for the
maintenance of international peace and security, the suppression of acts of
aggression and restraint from actions that are inconsistent with the purposes
of the UN. Herein lies the problem of interpretation within the UN charter.
Some, like Syria, may claim that the US has violated Articles 1 and 2 of the
Charter and accuse the US of “terrorist aggression” in the raid, while the Bush
administration will claim that it was appealing to its “inherent” right of self
defense.
This posits the question if Article 51 trumps
Articles 1 and 2 because self-defense always has and always will be a right of
sovereign nations. If this interpretation holds, then how wide will the
interpretation of, and the need for self-defense become? We invoked article 51
after September 11th against an entire regime, now, 5 years later, we have
invoked it against one insurgent. In these few months before the new
administration takes office it will be worthy of note to observe how wide the interpretation
of article 51 becomes in the Bush administration, and whether the McCain or
Obama administration scales down or widens the interpretation of Article 51 -
before the US finds itself enmeshed in another war, where the act of
self-defense is otherwise perceived as an act of war.