Judge Napolitano: Attack on Syria Would Be a War Crime
Fox News Insider September 05, 2013
Judge Andrew Napolitano stopped by Studio B this afternoon to discuss whether a U.S. military strike against Syria is legal, both under international and domestic law. The judge explained that in his view, military action would be illegal under international law because it meets none of the four accepted standards for military intervention.
Under domestic law, Napolitano said Obama can order strikes for up to 90 days under the War Powers Resolution, but he believes that statute is not constitutional, since the Constitution spells out that Congress must declare war.
If the attacks go forward, the judge said it will be an international war crime, though no penalties would ever come about.
"No judge is going to stop this. No one is going to prosecute the president for this. The American public doesn't want this to happen, our allies in the region don't want this to happen. Who wants this to happen besides John Kerry and the president?" Napolitano asked, pointing out that it's highly questionable right now whether the House will sign off on military action.
Gen. Martin Dempsey, Chairman of the Joint Chiefs of Staff, told Congress last year that 75,000 troops would be needed to secure Bashar al-Assad's vast chemical weapons stockpiles. The Obama administration has said they do not intend to place U.S. troops on the ground during strikes that would be intended to "degrade" Assad's chemical weapons capabilities.
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