美俄入叙军事打击“伊斯兰国”——法律依据差异及其背后的话语权之争

Military Action in Syria by US and Russia against IS:Differences in Legal Basis and the Struggle for Discourse Power

"伊斯兰国"的崛起对国际和平与安全构成重大威胁,同时也威胁着美国及俄罗斯等国的利益。2014年8月,以美国为首的联盟开始对伊拉克境内的"伊斯兰国"展开军事打击,同年9月底又把军事打击范围扩展到叙利亚境内。一年后,俄罗斯也派军队进入叙利亚打击"伊斯兰国"。美国为其入叙打击"伊斯兰国"所给出的法律依据是:保卫伊拉克的集体自卫行动的延伸;叙利亚政府无意愿或无能力有效打击"伊斯兰国"。俄罗斯为其入叙打击"伊斯兰国"所给出的法律依据是:受到叙利亚政府的邀请;打击目标仅限于恐怖组织。同为入叙打击"伊斯兰国",美俄却选择了不同法律依据,其重要原因是两国围绕"叙利亚巴沙尔·阿萨德政府是否是合法政府"而进行着国际话语权之争。这种话语权之争从根本上讲是"何谓合法政府"这一国际规范层面问题之争的外在表现,其事关中国战略利益,值得中国密切关注。

The rise of IS has constituted a big threat to international peace and security as well as the interests of such countries as the US and Russia. In August 2014, the coalition led by the US began to launch military attacks on IS in Iraq, and in late September of the same year, extended its military operation into Syria. One year later, Russia also sent troops into Syria against IS. The legal basis offered by the US for its military action against IS in Syria is that it is an extension of the collective self-defense for Iraq, and that the Syria government is unwilling or unable to effectively attack IS. The legal basis given by Russia for its military action against IS in Syria is that it has been invited by the Syria government and the targets are limited to only terrorist organizations. The main reason for the US and Russia to choose different legal basis for the same action of attacking IS in Syria is the struggle between the two for discourse power, being focused on ＂whether the Syrian Bashar al-Assad government is legitimate or not＂. Fundamentally, this struggle for discourse power is the outward manifestation of the struggle over the question of ＂what is a legitimate government＂ on the level of international norms. As it is relative to China＇s strategic interests, the struggle for discourse power is worth China＇s close attention.