• Research
  • Politika
  • About
Carnegie Russia Eurasia center logoCarnegie lettermark logo
  • Donate
{
  "authors": [
    "Sinan Ülgen"
  ],
  "type": "legacyinthemedia",
  "centerAffiliationAll": "",
  "centers": [
    "Carnegie Endowment for International Peace",
    "Carnegie Europe",
    "Malcolm H. Kerr Carnegie Middle East Center"
  ],
  "collections": [
    "Europe’s Southern Neighborhood"
  ],
  "englishNewsletterAll": "",
  "nonEnglishNewsletterAll": "",
  "primaryCenter": "Carnegie Europe",
  "programAffiliation": "",
  "programs": [],
  "projects": [],
  "regions": [
    "Middle East",
    "Levant",
    "Syria"
  ],
  "topics": [
    "Political Reform",
    "Security",
    "Military"
  ]
}

Source: Getty

In The Media
Carnegie Europe

Is There Legal Basis for Military Intervention in Syria?

If a Security Council resolution for a military intervention in Syria is not realistic politically, there are at least three other options.

Link Copied
By Sinan Ülgen
Published on Aug 29, 2013

Source: BBC World News

For a military intervention to really enjoy full legitimacy, a UN Security Council resolution would be needed - and for that the legal basis would be Article 39 and Article 42 of the UN Charter.

If a Security Council resolution is not realistic politically, there are at least three other options.

The first option is to remain in the UN system and invoke a provision that has been used once before - in the 1950s during the Korean crisis - when the Security Council was blocked.

The parties moved to get a resolution from the UN General Assembly. That does not have the same legal weight, but nonetheless it could be something to take into consideration because that would be recognition of a potential operation with [some] political legitimacy - especially if there is a mass vote in favour.

The other options would be outside the UN framework.

One lies under the "Responsibility to Protect" (R2P) concept.

The 1999 Kosovo operation did not receive a UN mandate, but went ahead nonetheless on the basis of the R2P principle. The quest to find a sound legal basis for Kosovo-type interventions [later] led to the codification of R2P in 2005.

The third option is one which would come into force if Syria were deemed to have violated one of the legal obligations of the international order by using chemical weapons, which have been banned under the 1925 Geneva Protocol.

This third option was not used in Iraq in 1988, when Saddam Hussein's regime used chemical weapons against the Kurds. But nonetheless there might be an opportunity today to invoke this specific legal justification on the basis that Syria has violated its commitments under the Protocol.

This article was originally published in BBC World News.

About the Author

Sinan Ülgen

Senior Fellow, Carnegie Europe

Sinan Ülgen is a senior fellow at Carnegie Europe in Brussels, where his research focuses on Turkish foreign policy, transatlantic relations, international trade, economic security, and digital policy.

    Recent Work

  • Commentary
    The EU Equivocating on Turkey Is Bad Geopolitics

      Sinan Ülgen

  • Q&A
    Can the EU Achieve Its Tech Ambitions?

      Raluca Csernatoni, Sinan Ülgen

Sinan Ülgen
Senior Fellow, Carnegie Europe
Sinan Ülgen
Political ReformSecurityMilitaryMiddle EastLevantSyria

Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.

More Work from Carnegie Russia Eurasia Center

  • Commentary
    Carnegie Politika
    Are Russia-Japan Relations Really Warming Up?

    The truth is that Japan’s government is seeking a degree of reengagement but at a vastly reduced level than under Abe. Most significantly, Japan has shown no willingness to ease sanctions.

      James D.J. Brown

  • Commentary
    Carnegie Politika
    In Russia, Private Companies Have Been Left to Pick Up the Tab for Ukrainian Drone Attacks

    The cost of air defense has become an unregistered tax on revenue for businesses. While military rents are consolidated in the federal budget, the costs of defense are being spread across the balance sheets of companies and regional governments.

      Alexandra Prokopenko

  • Commentary
    Carnegie Politika
    As Trump Threatens to Quit NATO, the Baltic States Are Playing for Time

    Governments in Estonia, Latvia, and Lithuania want to ensure that a U.S. military withdrawal would not leave them dangerously exposed to a Russian attack.

      Sergejs Potapkins

  • Commentary
    Carnegie Politika
    Could the Rise of the New People Party Reshape Russia’s Managed Political System?

    Anger over online restrictions has led to a surge in support for the New People party, which has replaced the Communists as Russia’s second most popular political party.  

      Andrey Pertsev

  • Commentary
    Carnegie Politika
    In Russia, the Public Mood Is Souring

    The Russian regime is now visibly motivated by fear.

      Alexander Baunov

Get more news and analysis from
Carnegie Russia Eurasia Center
Carnegie Russia Eurasia logo, white
  • Research
  • Politika
  • About
  • Experts
  • Events
  • Contact
  • Privacy
  • For Media
Get more news and analysis from
Carnegie Russia Eurasia Center
© 2026 Carnegie Endowment for International Peace. All rights reserved.