As a matter of law, we do not need the UN’s permission to attack ISIS

As parliament is about to debate whether Britain should go to war with ISIS, human rights lawyer Geoffrey Robertson writes: Isis is a group of international criminals, committing war crimes and crimes against humanity with genocidal intent, and the right – arguably the duty – to protect their victims does not depend on Russian approval in the Security Council.

Isis has been killing innocent civilians because of their religion and issuing blood-curdling incitements to kill “all non-believers”. They have been executing without trial, recruiting children as soldiers, taking and killing hostages. They are, in the Latin phrase used in international law, hostis humanis generis, the enemies of humankind. As with the pirate, torturer and slave trader, no UN approval is necessary for law-abiding states to use force against such barbarity.

But our complicity in the invasion of Iraq has cast a long shadow; Ed Miliband, for example, has evinced a “preference” for a Security Council resolution. This is unnecessary and in fact undesirable – action in humanitarian emergencies should not be vulnerable to the veto of the Chinese, or of President Putin. A resolution was necessary for the invasion of Iraq – a sovereign state where there was no basis for humanitarian intervention. President Bush expressly excluded this justification for his (and our) war. As for last year’s proposal to bomb Syria, it was a one-off punishment reprisal of questionable legality and doubtful purpose and it was sensibly rejected by Parliament (and people). [Continue reading…]

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1 thought on “As a matter of law, we do not need the UN’s permission to attack ISIS

  1. pabelmont

    QUOTE: They [ISIS] are, in the Latin phrase used in international law, hostis humanis generis, the enemies of humankind. As with the pirate, torturer and slave trader, no UN approval is necessary for law-abiding states to use force against such barbarity.

    All (law-abiding) nations (if any such exist) are allowed, without UNSC approval, to act agaionst torturers? Against the USA [‘s]? Againxt the Israeli[‘s], to name a couple of prominent examples? Well, well. I guess we can wait on that.

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