Alphen,
Netherlands. 27 August. There are times when a punitive military
strike can be justified, legitimate, proportionate and effective. US Secretary of State John Kerry has
described last week’s use of chemical weapons against the population of a
Damascus suburb as a “moral obscenity”. He
is of course right – the use of such weapons against civilians is a disgusting
act and illegal under the 1992 Chemical Weapons Convention (CWC). In response US, as well as allied aircraft
and ships, are now being moved to the Eastern Mediterranean in preparation for
a strike with a British air-base on Cyprus likely to be at the centre of operations.
Would
a punitive strike be justified? If clear
evidence can be established that the Assad regime was responsible for the
attack then there would be some grounds for a punitive strike. However, the UN Chemical Weapons Inspectors
have as yet to conclude their investigation and British Foreign Secretary
William Hague has suggested that the ‘crime scene’ will have been tampered
with. US officials suggest that there is
“little doubt” the Assad regime is behind the attack. Is that the case?
A
friend of mine commanded a group charged with countering nuclear,
biological and chemical attack. He told me, “There are worrying
anomalies, though it’s difficult to assess the occurrences from the limited
amount of data that is coming through. There are some Sarin-like symptoms but
survivors talking about burning eyes and feelings of suffocation do not square
with Sarin. The classic symptoms of Sarin (GB) and other nerve agents are, at
low doses, the mother of all headaches”. He goes on, “The argument for this is
reinforced by the evidence as far as I can see it that there wasn’t a lot of
chemical released. Professionals would have achieved tighter concentrations and
a higher death rate”. In other words
the jury is still out as to just who is responsible.
Would a strike be legitimate?
There is a difference in international law between legal and
legitimate. However, given Russian and
Chinese opposition it is clear that such a strike would not receive a UN mandate
and in that event could therefore be deemed an illegal act under international
law even if its proponents claimed it was legitimate given a breach of the CWC. The consequences would be profound. First, it would reinforce the belief in
Beijing and Moscow that the West is a law unto itself. The UN would be further weakened making any
co-ordinated action in future virtually impossible when the time comes (as it
eventually will) to negotiate a settlement.
Critically, it would allow the Assad regime to present itself as the victim.
Would
such a strike be proportionate? If one
assumes that a strike would use cruise missiles then the targets are likely to
be the defence ministry, air defence command centres and other military
facilities, including the three sites close to Damascus at which Syria's chemical weapons are now concentrated. The Assad regime will know this and quite
possibly start using human shields to protect such sites. If a Western punitive strike ended up killing
Syrian civilians then it could not be said to be proportionate. Such a strike may soften Syria’s air defences
up in preparation for a ‘no fly zone’ but almost certainly the Russians would
move to offset Assad’s losses.
Would
such a strike be effective? To be
effective such a strike would need to change the balance of power in the Syrian
struggle. Even if Assad is responsible
for the chemical weapons attacks the limited use of a few cruise missiles is
unlikely to deter a clearly desperate regime.
Indeed, it may make it harder to establish contact with those in the
regime open to a possible dialogue. In
other words making the rubble bounce – which would in effect be the consequence
of such an action – would take Syria no closer to peace.
In such a conflict clarity of objective and method is vital. Tony Blair has called for "intervention" which is very different to a punitive strike and would require a sustained air campaign and boots on the ground. After Iraq and Afghanistan that is not going to happen.
In such a conflict clarity of objective and method is vital. Tony Blair has called for "intervention" which is very different to a punitive strike and would require a sustained air campaign and boots on the ground. After Iraq and Afghanistan that is not going to happen.
Respected
former US diplomat Ryan Crocker has said the US and its allies should instead
“contain the fire”. He is right. It is not punitive strikes that are needed
but the re-establishment of credible US and allied influence in both the
conflict and the wider Middle East region.
Only then can the US and its allies hope to bring together those on both
sides that a) might offer a possible political way forward; and b) ensure
extremists do not gain power. That means
support for the states that border Syria, particularly Jordan, Iraq, Lebanon
and Turkey to both prevent spill-over and to alleviate the humanitarian
suffering of Syrian refugees. Above all a
new political strategy is needed.
Therefore,
it is hard to see analytically how a punitive strike right now could be
demonstrably justifiable, proportionate, legitimate but above all
effective. Indeed, there is little evidence that
a punitive strike now would further policy, strategy or the well-being of the
Syrian people.
Sadly,
Washington is fast backing itself into a corner with any retreat from action a
humiliating climb-down which could further undermine America’s already brittle
Middle East strategy. However, venting political frustration would be little more than a shot in the dark and that does not constitute sound leadership.
Julian
Lindley-French
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