Judge Napolitano: US Strike on Syria Would Be War Crime

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."

Urgent: Should U.S. Strike Syria? Vote Here

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."