Originally posted by Pabmusic
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"Ultimately though, military interventions in these circumstances are up to governments rather than lawyers.
It is for them to make the case for military intervention by showing that the legal requirements have been met.
In the case of Syria, they will argue that there is an ongoing atrocity, all peaceful means of stopping it have been exhausted, and that targeted military action could achieve the twin goals of ending the atrocity and protecting the civilian population."
Of these, the first could be (and probably is) being interpreted by some as an illustration of the risk that governments might decide to ride roughshod over bona fide legal advice. In such a context, the second therefore looks to suggest the preparedness of some governments to fabricate evidence to make it look as though it is based upon correct legal advice.
The fundamental flaw in the third seems to me to hinge upon the fact that, as has been discussed here lately, it is as yet far from clear who sponsored and perpetrated the sarin attack; arguing that all peaceful means of stopping this "ongoing atrocity" (yes, there have of course been other recent atrocities in Syria but this particularly appalling one seems not yet to have been quite typical of them, so the description "ongoing" seems somewhat less watertight than it might be) have been exhausted might be argued to carry little credibility when most people, not least those whom it is claimed have made such efforts, aren't even certain who was responsible for that attack.
All of this leans towards an argument that the very phrase "the legality of war" qualifies as a contradiction in terms.
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