[20170417]LSB10230_美国打击叙利亚空军基地：根据国际法是否合法？ .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i U.S. Strike on Syrian Airbase: Legal under International Law? April 17, 2017 In his letter to Congress under the War Powers Resolution, President Trump cited his Article II powers as his domestic legal authority for the April 6 missile strike on Al Shayrat airbase in Syria, but did not describe a legal basis to justify the action under international law. The missile strike may raise questions under international law including, in particular, whether the action is consistent with U.S. obligations under the U.N. Charter. The answer may in turn raise questions about whether the validity of the international legal basis has any bearing on the validity of the action pursuant to U.S. domestic law. This Sidebar provides a brief overview. Article 2(4) of the U.N. Charter prohibits the “threat or use of force against the territorial integrity or political independence” of another Member state unless an exception exists. There are at least three sets of circumstances that do or may constitute exceptions to this prohibition. The first basis for an exception is U.N. Security Council authorization gr