- By David BoscoDavid Bosco, a Foreign Policy contributing editor and assistant professor at American University's School of International Service. He is at work on a book about the International Criminal Court's first decade.
Writing in the New York Times, recently retired NATO commander James Stavridis urges the alliance to lead the charge in Syria—and he sees no legal obstacles to its doing so:
Such action could be justified based on self-defense, owing to the threat posed to Turkey, a NATO member that has backed Mr. Obama’s call for an American-led intervention; the overall threat posed by weapons of mass destruction; and, more controversially, on the evolving international doctrine of a “responsibility to protect.” NATO has not moved forward so far, because of the absence of a United Nations Security Council resolution authorizing action against Syria, but that is not required under the rules of the alliance — indeed, NATO has previously acted with force without such approval, notably in Kosovo in 1999.
Whatever one thinks of the policy merits of his argument, his legal reasoning is thin. The self-defense argument on behalf of Turkey is a stretch, and Stavridis is reaching even further when he claims that NATO’s rules don’t require Security Council approval. In fact, the drafters of the North Atlantic Treaty went to great lengths to emphasize that the treaty doesn’t alter members’ obligations under the UN Charter. Article 7 of the treaty reads as follows:
This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security.
Josh Rogin covers national security and foreign policy and writes the daily Web column The Cable. His column appears bi-weekly in the print edition of The Washington Post. He can be reached for comments or tips at email@example.com.
Previously, Josh covered defense and foreign policy as a staff writer for Congressional Quarterly, writing extensively on Iraq, Afghanistan, Guantánamo Bay, U.S.-Asia relations, defense budgeting and appropriations, and the defense lobbying and contracting industries. Prior to that, he covered military modernization, cyber warfare, space, and missile defense for Federal Computer Week Magazine. He has also served as Pentagon Staff Reporter for the Asahi Shimbun, Japan's leading daily newspaper, in its Washington, D.C., bureau, where he reported on U.S.-Japan relations, Chinese military modernization, the North Korean nuclear crisis, and more.
A graduate of George Washington University's Elliott School of International Affairs, Josh lived in Yokohama, Japan, and studied at Tokyo's Sophia University. He speaks conversational Japanese and has reported from the region. He has also worked at the House International Relations Committee, the Embassy of Japan, and the Brookings Institution.
Josh's reporting has been featured on CNN, MSNBC, C-Span, CBS, ABC, NPR, WTOP, and several other outlets. He was a 2008-2009 National Press Foundation's Paul Miller Washington Reporting Fellow, 2009 military reporting fellow with the Knight Center for Specialized Journalism and the 2011 recipient of the InterAction Award for Excellence in International Reporting. He hails from Philadelphia and lives in Washington, D.C.| The Cable |