Foreign Relations & International Law

Secretary of State Kerry on UNSCRs and Legality

Jack Goldsmith
Tuesday, August 27, 2013, 10:26 AM
As the United States apparently prepares to intervene militarily in Syria, it is perhaps worth noting that, in his less-than-coherent confirmation hearings, Secretary of State Kerry said: “I think a U.N. resolution is a necessary ingredient to provide the legal basis for military action in an emergency.” (I should note that Secretary Kerry also said that he approved of the Kosovo intervention, which lacked Security Council approval.)

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As the United States apparently prepares to intervene militarily in Syria, it is perhaps worth noting that, in his less-than-coherent confirmation hearings, Secretary of State Kerry said: “I think a U.N. resolution is a necessary ingredient to provide the legal basis for military action in an emergency.” (I should note that Secretary Kerry also said that he approved of the Kosovo intervention, which lacked Security Council approval.)

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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