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Syria: Obama’s Surprising (and Confusing) Latest Moves


President Obama’s August 31st remarks from the White House Rose Garden will long be remembered for their strangeness, but the final interpretation of their significance will have to await months if not years. There are three dimensions, at least, that are worth pondering: (1) seeking Congressional authorization for a punitive military attack against Syria in support of the treaty prohibition on recourse to chemical weapons in an armed conflict; (2) reconciling any endorsement of an attack by Congress with United States obligations under international law and with respect to the United Nations and its Charter; (3) assessing the degree to which American war making prerogatives continue to operate within an unacceptable domain of American exceptionalism "Verdana","sans-serif";mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:
"Times New Roman";mso-bidi-font-weight:bold”>In framing the issues at stake Obama set forth the fundamental policy choices in a rather incoherent manner: 

Saddam Hussein’s supposed weapons of mass destruction (WMD) arsenal, which was more politely described long after the event as an ‘intelligence failure,’  it would have been appropriate for Washington to admit that it has a credibility problem in winning governmental and popular support for an attack on Syria. Its refusal to acknowledge such an issue merely deepens suspicions.  "Verdana","sans-serif";mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:
"Times New Roman";mso-bidi-font-weight:bold”>            –secondly, Obama informed listeners that “..after careful deliberation, I have decided that the United States should take military action against Syrian regime targets.” He added that he made this decision “as Commander-in-Chief on what I am convinced are our national security interests.” This conclusion was explained to rest on the importance of punishing such a crime against humanity and deterring future recourse to chemical weapons and other weapons of mass destruction by Syria, as well as sending a message to Iran and North Korea about America’s readiness to use force to uphold such norms of international law.  

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Iraq War; then, it was the French more conservative led government that opposed participation, while now a socialist leader in Paris supports an attack against Syria). 

line-height:150%;font-family:"Verdana","sans-serif";mso-fareast-font-family:
"Times New Roman";mso-bidi-font-family:"Times New Roman"”>Yet, while I believe I have the authority to carry out this military action without specific congressional authorization, I know that the country will be stronger if we take this course, and our actions will be even more effective.” In effect, there is no constitutional legal requirement to obtain Congressional authorization, but doing so will create a more effective response. But what if authorization is withheld? Or Congress is split with approval by the Senate, and disapproval by the House? 

font-family:"Verdana","sans-serif";mso-fareast-font-family:"Times New Roman";
mso-bidi-font-family:"Times New Roman"”>But we are the United States of America, and we cannot and must not turn a blind eye to what happened in Damascus.” That is no matter that others disagree, the United States alone has the duty to act as it sees fit. It is correctly presumed that such discretion is not vested in other sovereign states. Otherwise the world would be in flames. In effect, Syria, Iran, North Korea are bound by international law, as interpreted by the United States, while the United States and its closest allies are guided by assessments of their national security interests.

It is this double standard that is at the core of American exceptionalism, and also underpins the debate as to whether it is more instructive to view the United States as ‘global leader’ or ‘imperial power,’ or possibly some blend; 

–there is something rather sinister about announcing an intention to strike a vulnerable country with which the United States is not at war, coupled with the announcement that the needed military capabilities are in place, but will not be used until convenient;  in effect, a lethal strike against Syria can take place at any point from now on until a time weeks or months from now, depending only on the workings of the internal American political process and the disposition of its Commander-in-Chief. If this is deemed to be in the interest of the Syrian people, I would like to know how.

 

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Even if the controversy as to the facts is ignored, and the problems associated with double standards as to the relevance of international law to the use of force, there are some other reasons for concern about the approach adopted by President Obama: 

–it denies constitutional status to the request for Congressional authorization, making it a discretionary presidential judgment call that is not necessitated by the Constitution, but is an expression of Obama’s belief in democratic procedures. To not rest this request on the Constitution itself is a missed opportunity, and thus amounts to yet another reassertion of excessive authority by the Executive Branch of government; 

–it makes no effort to assess what would be of benefit to the people of Syria, and rather makes the case for a narrow strike as a combination of punishing (without intending to displace) the Assad regime and abstract American national security interests in its self-appointed role as preventing the use and spread of WMD; 

–it fails to advocate in a serious manner a diplomatic approach to ending the violence of the conflict by calling for a second Geneva conference with the full participation of Iran that would deal with regional peace and security issues, as well as the war in Syria; 

–it undermines the authority of the UN and international law by vesting in the U.S. Government the final word on when it is appropriate to use international force in non-defensive modes and fails to make war a matter of ‘last resort’; 

–it draws an overly sharp a distinction between this incident involving chemical weapons and other massacres that have occurred during the course of two years of strife in Syria; regardless of the weaponry deployed both forms of violence are crimes against humanity that deserve a serious and effective response, if available.

 

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It is as yet possible that Congress will rescue Obama from having to respect a red line he ill-advisedly proclaimed a year ago. It would be ironic if this one time the anti-Obama Republicans saved him from the worse foreign policy excess of his presidency! 

It is possible that Obama will be pushed by pro-interventionists to override a Congressional failure to give authorization. It is also possible that Congress will authorize, and public opinion strongly oppose. And we are left to wonder whether Congress can constitutionally authorize a use of force that violates international treaty law. Of course, we would be unlikely to find out given the passivity of the U.S. Supreme Court when it comes to challenges directed at legally dubious foreign policy and national security matters.

All of the above suggests that the revitalization of American republicanism requires, as a matter of urgency, a constitutional convention with an explicit mandate to restore the separation of powers and checks and balances in relations to war/peace issues. The U.S. Government has longed strayed from this vital pillar of republican democracy. 

Nothing would do more to restore confidence in the United States as a global leader! Such a momentous event will not happen without massive grassroots pressure; it will never be decreed from on high. 

A final word of blurred appreciation: CNN talking heads are very fond of referring to Obama as epitomizing ‘the reluctant warrior.’ And reluctant he is, but also warrior he has been, and continues to be, casting a rather dark shadow over the Nobel Peace Prize decision process. The reluctance is articulated over and over again in his words and sometimes reflected in his policies, and certainly seems sincere. And such reluctance may be credited, at least subconsciously, with this welcome move to broaden the domestic authorization process with respect to this non-defensive use of international force. Obama would deserve less ambiguous praise if he had recognized the role of Congress prior to the decision of the British Parliament. And prior the many demands from Congress for a greater role gathering political momentum. 

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