INTERNATIONAL LAW -
Regarding an ongoing international dispute the following news reports have been presented. You are required to read and answer the questions referring to legal instruments, cases, practical examples, theory, and academic literatures.
BBC News: The jihadist group Islamic State (IS) burst on to the international scene in 2014 when it seized large swathes of territory in Syria and Iraq. It has become notorious for its brutality, including mass killings, abductions and beheadings. The group though has attracted support elsewhere in the Muslim world - and a US-led coalition has vowed to destroy it.
Times: ‘With Paris is deep shock and grief, the Islamic State of Iraq and Greater Syria (ISIS) claimed responsibility for the six coordinated terror attacks that rocked the French capital on Friday night, killing at least 129 people and wounding hundreds.'
President François Hollande emerged from a crisis meeting of his defence council at the Elysée Palace shortly before noon, and told the nation that he regarded the attacks as "an act of war" against the country. "It is an act of war prepared and planned outside, with complicity from within the country," he said. "It is an act of absolute barbarism. France will be ruthless in its response." (Nov 14, 2015)
BBC News: The following week the UN Security Council confirmed the IS actions in Syria constituted "a global and unprecedented threat to international peace and security". Indeed, the Council called upon member states which have the capacity to do so to take "all necessary measures" to redouble and co-ordinate their efforts to eradicate the safe haven established by IS in significant parts of Iraq and Syria. "All necessary measures" is ordinarily UN code for an authorisation of the use of force.
However, in this instance, the resolution was not adopted under Chapter VII of the UN Charter, which permits the Security Council to authorise enforcement action. Nevertheless, instead of collective enforcement action, the resolution1 opens the door towards a broad reading of unilateral self-defence for all states against IS.
The Russian Federation argues that the Assad government in Syria has invited Russian forces to engage IS in Syria. It is not clear that the beleaguered authorities in Damascus still have the authority to invite in foreign forces. Moreover, at least until the terrorist attack against the Russian airliner over Egypt, the Russian air attacks appeared to target the opposition to Assad, rather than IS (ISIS).
Western governments also depend on an invitation, although one issued by Iraq. Baghdad argues that IS is using Syrian territory as a safe haven and it can only defeat them on home soil if that also happens in Syria.
This requires the support of Iraq's Western allies in accordance with the right of collective self- defence and in its recent resolution, the UN Security Council noted Iraq's claim - lending credence to this argument.
Question: You are the legal advisor of the Secretary General of NATO and you have been asked to draft a memo explaining whether and to what extent France's military operations would be justified according to international law and the potential provisions to support France's operation.
Your memo should discuss the following issues:
1. Whether support to France's actions against ISIS would fall under individual or collective self-defence under the Charter of the United Nations and customary international law as a counter to the terrorist assault in Paris amount to an ‘armed attack'?
2. Whether provision of operational support to France's military activities against ISIS would violate norms relating to non-intervention and state sovereignty vis-a-vis Syria