FORMER JUDGE SAYS U.S. ATTACK ON SYRIA WOULD CONSTITUTE A WAR CRIME

Former Judge Andrew Napolitano says none of the conditions under international law are in place that would allow the U.S. to attack Syria. He also says that such an attack would violate our Constitution. Napolitano claims the 1973 War Powers Act is unconstitutional because it gave the president powers reserved to Congress.

JUDGE NAPOLITANO: U.S. STRIKE ON SYRIA WOULD BE WAR CRIME
By Greg Richter

Newsmax
September 5, 2013

A U.S. strike against Syria would be a war crime says former Judge Andrew Napolitano.

Appearing on Fox News Channel on Thursday, Napolitano said that even a limited strike is illegal under international law and violates the U.S. Constitution.

"You can use military force to attack somebody that's attacked you, or you can use military force to attack somebody that's about to attack you," Napolitano said. "You can use military force to come to the aid of an ally that has been attacked when the ally asks for your assistance."

The United States also could use the military to enforce international norms if the United Nations authorizes it.

None of those conditions apply in Syria, Napolitano said, making it a war crime if the United States acts.

He said the 1973 War Powers Act is unconstitutional because it takes away Congress' authority to wage war and gives it to the president in certain circumstances. He said he expects the House to vote down President Barack Obama's request for authorization by about 20 votes. Public sentiment is against action as well, with polls showing more than 60 percent opposed.

"Who wants this to happen besides John Kerry and the president?" Napolitano asked. "Sometimes the president can get lawless – any president – when he has military equipment at his disposal."