http://lobelog.com/ius-ad-bellum-the-case-of-saudi-arabia-and-syria/#more-33137

Ius Ad Bellum: The Case of Saudi Arabia and Syria

by James Spencer
“Removing Syrian President Bashar al-Assad is the only way to defeat Islamic State, and it remains the goal of Saudi policy,” Saudi Foreign Minister Adel al-Jubeir said on February 12, 2016. A few days later, the foreign minister reiterated Saudi Arabia’s commitment to removing Assad from power, either through a political process or a military operation, according to The Wall Street Journal. “It is certain”, the paper quoted al-Jubeir as saying. “Not likely. Not questionably. Not possibly. It is certain that he would be removed. There is no doubt about it. It can happen quickly and more smoothly through a political process, or it could happen by force,” he reportedly added.
This is a bold statement of a simple policy. The problem is that such an intent goes against the entire raison d’etre of the United Nations, which is “to save succeeding generations from the scourge of war” (Preamble to the UN Charter). The generic principals are laid out clearly and succinctly in the UN Charter, Chapter 1, Article 1:

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, […][eq]

and Article 2:

‘The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. ‘The Organization is based on the principle of the sovereign equality of all its Members.

[…]

4. ‘All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.’[eq]

In regard to military action in Syria, the UN Security Council has been highly specific, probably due to the influence of Russia, and doubtless in consideration of how a previous “loosely worded” UNSCR was exploited to invade Iraq. UNSCR 2249 of November 20, 2015 reaffirmed the UNSC’s “respect for the sovereignty, territorial integrity, independence and unity of all States in accordance with purposes and principles of the United Nations Charter” and:

5. Calls upon Member States that have the capacity to do so to take all necessary measures, in compliance with international law, in particular with the United Nations Charter, as well as international human rights, refugee and humanitarian law, on the territory under the control of ISIL also known as Da’esh, in Syria and Iraq, to redouble and coordinate their efforts to prevent and suppress terrorist acts committed specifically by ISIL also known as Da’esh as well as ANF, and all other individuals, groups, undertakings, and entities associated with Al Qaeda, and other terrorist groups, as designated by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council, pursuant to the Statement of the International Syria Support Group (ISSG) of 14 November, and to eradicate the safe haven they have established over significant parts of Iraq and Syria;

The lack of authorisation for the use of force under Chapter VII is glaring by its absence, while the presence of so many caveats on action in Syria is highly noteworthy: the very clear target set (“as designated by the United Nations Security Council”), and the geographical constraint “on the territory under the control of ISIL.” That very clearly does not allow “mistaken” precision-guided missiles anywhere near Damascus. More at: http://lobelog.com/ius-ad-bellum-the-case-of-saudi-arabia-and-syria/#more-33137