Saturday, November 14, 2015

Did France Just Recognize The Islamic State ???

According to French President Hollande, yesterday's attacks by the Islamic State were “an act of war”. You can read about it here:

http://mobile.nytimes.com/2015/11/15/world/europe/paris-terrorist-attacks.html

In terms of international law, what does “act of war” really mean?

In the modern era the phrase “act of war” is more a political term than a legal one. Historically, “act of war” usually referenced the rationale for nations to engage in international armed conflict. It could be a variety of things, to include unfriendly economic and commercial actions, or even simply insults to national pride. In today’s legal context, the U.N. Charter has supplanted the concept of “act of war.” In Article 2 (4) of the Charter member nations rejected the very notion of war by requiring members to “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.”

Does the UN Charter outlaw all uses of force?

No. The UN Charter provides two principal exceptions to the prohibition on the use of force in international affairs:
1) The UN Security Council (not the General Assembly) can authorize member nations to “take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security”, and
2) Force can be used in self defense under Article 51 of the Charter. Specifically, Article 51 says that: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.”

Source - http://people.duke.edu/~pfeaver/dunlapterrorism.pdf

So, in calling the attacks “an act of war” France is reverting to the pre-UN definition of war as international armed conflict between nations. In doing so, they appear to be recognizing ISIS as a nation state.

Note well - now that the attacks are over, neither France nor anyone else can take additional action (such as bombing ISIS targets outside of France) until the Security Council acts. The only exception would be if a nation such as Syria were to invite France to assist it in maintaining internal order, which Syria is not likely to do since France has been active in destroying internal order in Syria.

But you can guess what's going to happen now - the US and her minions are going to use these attacks as a pretext for obliterating Syria, no matter what the UN says or does. Is this a freaking mess, or what?

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