26 No. 57 JUSTICE Iraq, therefore gives the sufficient legality to international strikes.20 On the other hand, some scholars do not consider that consent is enough to constitute an exception to the prohibition on the use of force. In particular, they state that other sources of international law, such as human rights law, might make the actions illegal, even if there is consent.21 Mark Weller qualifies his argument supporting strikes in Iraq by stating that "a government is deprived of the entitlement to call in foreign military support where it has lost control over significant parts of territory and population due to a major public uprising against it."22 This is relevant, as Russia is currently conducting airstrikes in Syria, stating it is doing so at the request of President Assad23 yet, there are debates about the status of the Syrian government and its legitimacy.24 In practice, in the case of Iraq, there seems to be a general consensus that the international coalition is acting under request of the government of Iraq and, at least compared to Syria, there was, in practice, little debate over the legality of airstrikes in Iraq.25 The legal basis for airstrikes in Syria is far more complex and experts warn that there is no satisfactory legal basis,26 although the situation is constantly changing, thereby also raising different legal justifications. In September 2014, the U.S., along with Bahrain, Jordan, Qatar, Saudi Arabia, and the United Arab Emirates, began airstrikes against ISIS targets in Syria. This was followed by Canada in April 2015. Information was then published that the UK government had conducted airstrikes in Syria, despite a lack of authorization from Parliament when it had discussed the intervention in Iraq.27 Moreover, the UK admitted that it had killed, by drone strikes, three Britons in Syria in August and September.28 In July 2015, Turkey started carrying out airstrikes against ISIS on its border with Syria, after deadly terrorist attacks reached into Turkey’s Kilis province.29 France began conducting airstrikes in September 2015 as part of the international coalition led by the U.S.30 Finally, Russia started its own airstrikes in Syria, although there are discussions about whether they aim to target ISIS or anti-Assad rebels.31 A new wave of parliamentaryauthorized airstrikes (France, the UK and Germany) started in November 2015, following terrorist attacks in Paris. There was no express or public request by the Syrian government for an international coalition of airstrikes against ISIS. The exception is Russia, which stated that its airstrikes are conducted at the request of President Assad and which has authorization from its Parliament.32 Some have argued that Syria has implied its consent for airstrikes33 and a Syrian government spokesperson has reportedly stated, "we are facing one enemy. We should cooperate."34 Syria has not interfered with the various airstrikes, possibly because strikes against ISIS could benefit the government. Nevertheless, justifying the operations on the basis of implied consent is not widely supported by the international coalition, because it would amount to recognition of the Syrian government. The U.S. stated they are "not looking for the approval of the Syrian regime."35 Instead, U.S. Ambassador Samantha Power ’s letter to UN Secretary-General Ban Ki-moon first stated that the U.S. airstrikes in Syria were consistent with the UN Charter 17. Permanent Rep. of Iraq to the U.N., Letter dated Sept. 20, 2014 from the Permanent Rep. of Iraq to the United Nations addresses to the President of the Security Council, U.N. Doc. S/2014/691 (Sept. 22, 2014) available at www. securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D274E9C-8CD3-CF6E4FF96FF9%7D/s_2014_691.pdf (last visited Nov. 16, 2015). 18. On Sept. 26, 2014, the House of Commons voted 524 to 43 to support military action against ISIS in Iraq, UK parliament approves air strikes against Isis in Iraq - as it happened, THE GUARDIAN, Sept. 27, 2014, available at www. theguardian.com/politics/blog/live/2014/sep/26/mpsdebate-and-vote-on-air-strikes-against-islamic-state-politicslive-blog (last visited Nov. 16, 2015); in January 2015, the French Parliament authorized the continued strikes against Iraq (in French) Prolongation de l'intervention militaire en Irak: débat à la tribune du Sénat et vote le 13 janvier 2015, available at www.senat.fr/espace_presse/ actualites/201409/intervention_militaire_en_irak_le_senat_ debat.html (last visited Nov. 16, 2015). 19. Report of the International Law Commission to the General Assembly, U.N. GAOR Supp. No. 10, U.N. Doc. A/56/10 chp.IV.E.1(2001), Draft Articles on Responsibility of States for Internationally Wrongful Acts, available at www.refworld. org/docid/3ddb8f804.html (last visited Nov. 16, 2015). 20. Marc Weller, Islamic State crisis: What force does international law allow?, BBC News, Sept. 25, 2014, available at www. bbc.com/news/world-middle-east-29283286 (last visited Nov. 16, 2015). 21. Deborah Pearlstein, Bombing Iraq Doesn’t Just Pose Serious Questions of Domestic Law, International Law May Be a Problem, Too, OPINIO JURIS, June 18, 2014, available at opiniojuris.org/2014/06/18/bombing-iraq-doesnt-justpose-serious-questions-domestic-law-international-lawmay-problem/(last visited Nov. 16, 2015). 22. Supra note 20. 23. Russia carries out first air strikes in Syria, ALJAZEERA, Sept. 30, 2015, available at www.aljazeera.com/news/2015/09/ russian-carries-air-strikes-syria-150930133155190.html (last visited Nov. 16, 2015).
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