Latest in Biological and Chemical Weapons

Cyber & Technology

On the Transfer of Syria's Chemical Weapons

In an excellent Lawfare post last month, Does the U.N.’s Syria Resolution Violate the Chemical Weapons Convention?  Faiza Patel asserts that if Syria sent chemical weapons to another country, Syria would violate the Chemical Weapons Convention (CWC).  The conclusion stems from her reasonable, though (to my eye) exceedingly literal reading of the CWC—which bans the “transfer” of chemical weapons to “anyone.”

The UN Security Council (UNSC)

Cyber & Technology

Text of Draft Syrian Resolution

The NYT has the text of the draft UN Security Council Resolution on Syria.  The most important paragraph is the penultimate one, which states that the Security Council “[d]ecides, in the event of non-compliance with this resolution, including unauthorized transfer of chemical weapons, or any use of chemical weapons by anyone in the Syrian Arab Republic, to impose measures under Chapter VII of the United Nations Charter.”  I think this means that non-compliance will re

Syria

White House Counsel’s Legal Justification for Syria Intervention

Julian Ku is right to poke fun at the administration for conveying its vague and conclusory legal rationale for intervening in Syria through the reporting of the NYT’s Charlie Savage.  But vague and conclusory guidance via the NYT is better than no guidance at all.

On the international law rationale for interventio

AUMF: Scope and Reach

Manchin/Heitcamp Syria Proposal and the Vienna Convention on Treaties

Senators Manchin and Heitcamp are working on an alternative Syria Resolution that tentatively provides:

The failure by the government of Bashar al-Assad to sign and comply with the [Chemical Weapons] Convention clearly demonstrates a disregard of international norms on the use of chemical weapons.

Biological and Chemical Weapons

The Potential Relevance of OLC’s Kosovo-War Powers Resolution Opinion to the Syria Debate

As Congress moves to debate authorization for the use of force in Syria, and especially since there is some question about whether DOD has adequate funding for a strike in Syria, Congress may want to ponder the votes it took in the not-unrelated context of Kosovo fourteen years ago.  (The original purposes of the Kosovo strikes were similar to the ones stated for Syria: “to demonstrate the seriousness of NATO's

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