Has US Military Presence in Syria Ever Been Legal?
© AP Photo / Darko BandicCrewmen sit inside Bradley fighting vehicles at a US military base at an undisclosed location in Northeastern Syria, Monday, Nov. 11, 2019.
© AP Photo / Darko Bandic
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Deputy Pentagon Press Secretary Sabrina Singh has failed to explain under what legal authority, either international or national, the US maintains a force in Syria.
Is its presence legal?
According to Singh's reasoning, the US has had a troop presence in Syria for a number of years and continues to operate with the Syrian Democratic Forces to ensure the enduring defeat of ISIS*.
In September 2014, the US intervened in Syria under the pretext of fighting ISIS. The first American ground troops started to enter Syria in 2015, recruiting and training Kurdish and Arab fighters.
However, there was no legal basis for the US conducting a military operation in Syria: the US did not have a UN Security Council sanction for the intervention, nor was it invited by the legitimate Syrian government.
The US invasion of Syria was also illegal from a US constitutional standpoint, argued US legal scholars: then-President Barack Obama did not get congressional authorization for the intervention.
The Authorization for Use of Military Force (AUMF) passed after the 9/11 terror attack was not equivalent to congressional authorization for using US forces in Syria's hostilities, they said.
In addition to conducting airstrikes, the US had been increasing its military presence and establishing bases, violating Syrian sovereignty and international laws.
Russia has repeatedly highlighted that American military units are present on Syrian territory without any legal justification.
The reporter's question indicates there are concerns in the US about the legality of its military presence in Syria.
* a terrorist organization banned in Russia