Authors

Leah Paisner

Document Type

Essay

Publication Title

Emory Int'l L. Rev. Recent Dev.

Publication Date

1-1-2015

Abstract

In 2002, the Director of Central Intelligence submitted an unclassified report to Congress, pursuant to § 721 of the FY 97 Intelligence Authorization Act, affirming the existence of Syria's chemical weapons stockpile and continued pursuit of chemical weapons precursors. Other states have acknowledged that the Syrian government acquired its chemical weapons arsenal prior to the August 21, 2013 chemical attack against civilians in the Ghouta agricultural belt. However, the extent of the threat posed was unknown. Drawing on its experience in Iraq, the U.S. refused to take action until it had 'clear and convincing evidence' that Syria had used chemical weapons against civilians, crossing the proverbial 'red line.' In this article, Leah Paisner analyzes the role of U.S. intelligence information and evidentiary standards in determining whether the U.S. government has a reasonable basis for intervening in Syria in the event of a subsequent breach of the Chemical Weapons Convention.

Volume

29

First Page

2023

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