We Don't Need No Steenkeen Badges

In the war against ISIS, a non-state actor operating inside at least two sovereign states, Obama has been relying on the Iraqi government’s invitation as its legal rational for military action. But Baghdad would be hard pressed to extend that invitation to Syria.

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“Whenever the United States uses force in foreign territories, international legal principles, including respect for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act unilaterally—and on the way in which the United States can use force,” National Security Council Spokesperson Caitlin Hayden told The Daily Beast. “With respect to international law, the specific basis will depend on the particular facts and circumstances related to any specific military actions, but we believe that we will have a basis for taking action [in Syria].”

  The Daily Beast

Or we’ll pull out a lawyer who’ll make one up for us. Can we put John Yoo back on the payroll?

“The President has the authority as Commander-in-Chief under the United States Constitution to take actions to protect our people. And any action we take overseas, of course, we will have an international legal basis for doing so. I don’t have predictions about what that is, given we haven’t announced additional actions yet.”

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Sources close to the administration said the White House and its lawyers were still trying to figure out which justification they want to use. Experts are upset the White House doesn’t seem to be upholding the United States’ long held support for the adherence to international law when dealing with war.

Long held? I think they meant to say “long ago held.” We haven’t held international law in any regard since George W. Bush invaded Iraq.

The Bashar al-Assad regime claims that it is willing to work with the American military inside Syria to fight ISIS, although Syrian officials have said in recent days that any U.S. attack inside its borders would be an act of aggression, unless it’s coordinated with the Damascus government. Secretary of State John Kerry ruled out coordinating with Assad inside Syria in a Sunday interview with CBS, although the U.S. will keep the Syrian government informed.

How very thoughtful.