Seven Arguments Against Bombing Iraq
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The United States still appears determined to move forward with plans to engage in a large-scale military operation against Iraq to overthrow the regime of Saddam Hussein. In the international community, however, serious questions are being raised regarding its legality, its justification, its political implications, and the costs of the war itself. Such an invasion would constitute an important precedent, being the first test of the new doctrine articulated by President George W. Bush of "preemption," which declares that the United States has the right to invade sovereign countries and overthrow their governments if they are seen as hostile to U.S. interests. All previous large-scale interventions by American forces abroad have been rationalized -- albeit not always convincingly to many observers -- on the principle of collective self-defense, such as through regional organizations like the South East Asia Treaty Organization (SEATO) or the Organization of American States (OAS). To invade Iraq would constitute an unprecedented repudiation of the international legal conventions that such American presidents as Woodrow Wilson, Franklin Roosevelt, Harry Truman, and Dwight Eisenhower helped create in order to build a safer world.
Although there have been some questions raised recently about the scale and logistics of such a military operation, including such key Republicans as House Majority Leader Dick Armey and former National Security Adviser Brent Scowcroft, there has been surprisingly little dissent from leading policymakers, including congressional Democrats. This raises serious concerns, given that an invasion of Iraq constitutes such a dramatic shift in U.S. foreign policy and involves enormous political and military risks. It appears that war is inevitable unless there is a groundswell of popular opposition. This policy report attempts to encourage popular debate by raising a number of concerns that challenge some of the key rationales and assumptions behind such a military action.
1. A War Against Iraq Would Be Illegal
There is no legal justification for U.S. military action against Iraq.
Iraq is currently in violation of part of one section of UN Security Council Resolution 687 (and a series of subsequent resolutions reiterating that segment) requiring full cooperation with United Nations inspectors ensuring that Iraq's weapons of mass destruction, delivery systems, and facilities for manufacturing such weapons are destroyed. The conflict regarding access for UN inspectors and possible Iraqi procurement of weapons of mass destruction has always been an issue involving the Iraqi government and the United Nations, not an impasse between Iraq and the United States. Although UN Security Council Resolution 687 was the most detailed in the world body's history, no military enforcement mechanisms were specified. Nor did the Security Council specify any military enforcement mechanisms in subsequent resolutions. As is normally the case when it is determined that governments violate all or part of UN resolutions, any decision about the enforcement of its resolutions is a matter for the UN Security Council as a whole -- not for any one member of the council.
The most explicit warning to Iraq regarding its noncompliance came in UN Security Council Resolution 1154. Although this resolution warned Iraq of the "severest consequences" if it continued its refusal to comply, the Security Council declared that it alone had the authority to "ensure implementation of this resolution and peace and security in the area."
According to articles 41 and 42 of the United Nations Charter, no member state has the right to enforce any resolution militarily unless the UN Security Council determines that there has been a material breach of its resolution, decides that all nonmilitary means of enforcement have been exhausted, and then specifically authorizes the use of military force. This is what the Security Council did in November 1990 with Resolution 678 in response to Iraq's ongoing occupation of Kuwait in violation of a series of resolutions passed that August. The UN has not done so for any subsequent violations involving Iraq or any other government.
If the United States can unilaterally claim the right to invade Iraq due to that country's violation of UN Security Council resolutions, other Security Council members could logically also claim the right to invade other member states that are in violation of UN Security Council resolutions. For example, Russia could claim the right to invade Israel, France could claim the right to invade Turkey, and Great Britain could claim the right to invade Morocco, simply because those targeted governments are also violating UN Security Council resolutions. The U.S. insistence on the right to attack unilaterally could seriously undermine the principle of collective security and the authority of the United Nations and in doing so would open the door to international anarchy.
International law is quite clear about when military force is allowed. In addition to the aforementioned case of UN Security Council authorization, the only other time that any member state is allowed to use armed force is described in Article 51, which states that it is permissible for "individual or collective self-defense" against "armed attack ... until the Security Council has taken the measures necessary to maintain international peace and security." If Iraq's neighbors were attacked or feared an imminent attack from Iraq, any of these countries could call on the United States to help, pending a Security Council decision authorizing the use of force. But they have not appealed to the Security Council, because they have not felt threatened by Iraq.
Based on evidence that the Bush administration has made public, there does not appear to be anything close to sufficient legal grounds for the United States to convince the Security Council to approve the use of military force against Iraq in U.S. self-defense. This may explain why the Bush administration has thus far refused to go before the United Nations on this matter. Unless the United States gets such authorization, any such attack on Iraq would be illegal and would be viewed by most members of the international community as an act of aggression. In contrast to the Persian Gulf War of 1990-91, it is likely that the world community would view the United States -- not Iraq -- as the international outlaw.
There is little debate regarding the nefarious nature of the Iraqi regime, but this has never been a legal ground for invasion. When Vietnam invaded Cambodia in 1978 to overthrow the Khmer Rouge -- a radical communist movement even more brutal than the regime of Saddam Hussein -- the United States condemned the action before the United Nations as an act of aggression and a violation of international law. The United States successfully led an international effort to impose sanctions against Vietnam and insisted that the UN recognize the Khmer Rouge as the legitimate government of Cambodia for more than a decade after their leaders were forced out of the capital into remote jungle areas. Similarly, the United States challenged three of its closest allies -- Great Britain, France, and Israel -- before the United Nations in 1956 when they invaded Egypt in an attempt to overthrow the radical anti-Western regime of Gamal Abdul-Nasser. The Eisenhower administration insisted that international law and the UN Charter must be upheld by all nations regardless of their relations with the United States. It now appears that the leadership of both political parties is ready to reverse what was once a bipartisan consensus.
2. Regional Allies Widely Oppose a U.S. Attack
Although there was some serious opposition to the Gulf War in many parts of the Middle East and elsewhere, it did have the support of major segments of the international community, including several important Arab states. The Gulf War was widely viewed as an act of collective security in response to aggression by Iraq against its small neighbor. This would not be the case, however, in the event of a new war against Iraq. Instead, Washington's proposed action would be seen as an unprovoked invasion. Unlike in 1991, when most of the region supported -- and even contributed to -- the U.S.-led war effort (or was at least neutral), Arab opposition is strong today. Saudi Crown Prince Abdullah has warned that the U.S. "should not strike Iraq, because such an attack would only raise animosity in the region against the United States." When Vice President Dick Cheney visited the Middle East in March, every Arab leader made clear his opposition. At the Beirut summit of the Arab League at the end of March, the Arab nations unanimously endorsed a resolution opposing an attack against Iraq.
Even Kuwait has reconciled with Iraq. This past March, Iraq and Kuwait signed a document written by Kuwaiti Foreign Minister Sheik Sabah al Ahmed al Jabbar al Sabah in which Iraq, for the first time, formally consented to respect the sovereignty of Kuwait. Sabah declared that his country was 100% satisfied with the agreement, and Kuwait reiterated its opposition to a U.S. invasion of Iraq. Saudi Arabia's Crown Prince Abdullah called the pact a "very positive achievement" and expressed confidence that Iraq would uphold the agreement.
U.S. officials claim that, public statements to the contrary, there may be some regional allies willing to support a U.S. war effort. Given President Bush's ultimatum that "you are either with us or the terrorists," it is quite possible that some governments might be successfully pressured to go along. However, almost any Middle Eastern government willing to provide such support and cooperation would be doing so over the opposition of the vast majority of its citizens. Given the real political risks for such a ruler in supporting the U.S. war effort, such acquiescence would take place only reluctantly as a result of American pressure or inducements, not from a sincere belief in the validity of the U.S. military operation.
In the event of a U.S. invasion of Iraq, there would likely be an outbreak of widespread anti-American protests, perhaps even attacks against American interests. Some pro-Western regimes could become vulnerable to internal radical forces as part of such a reaction. Passions are particularly high in light of strong U.S. support for the policies of Israel's rightist government and its ongoing occupation of the West Bank and Gaza Strip. The anger over U.S. double standards regarding Israeli and Iraqi violations of UN Security Council resolutions could reach a boiling point.
3. There Is No Evidence of Iraqi Links to Al Qaeda or Other Anti-American Terrorists
In the months following the September 11 terrorist attacks, there were leaks to the media about alleged evidence of a meeting in Prague between an Iraqi intelligence officer and one of the hijackers of the doomed airplanes that crashed into the World Trade Center. Subsequent thorough investigations by the FBI, CIA, and Czech intelligence have found no evidence that any such meeting took place. None of the hijackers were Iraqi, no major figure in Al Qaeda is Iraqi, and no funds to Al Qaeda have been traced to Iraq. It is unlikely that the decidedly secular Baathist regime -- which has savagely suppressed Islamists within Iraq -- would be able to maintain close links with Osama bin Laden and his followers. In fact, Saudi Prince Turki bin Faisal, his country's former intelligence chief, noted that bin Laden views Saddam Hussein "as an apostate, an infidel, or someone who is not worthy of being a fellow Muslim" and that bin Laden had offered in 1990 to raise an army of thousands of mujaheddin fighters to liberate Kuwait from Iraqi occupation.
Iraq's past terrorist links have primarily been limited to such secular groups as Abu Nidal, a now-largely defunct Palestinian faction opposed to Yasir Arafat's Palestine Liberation Organization. At the height of Iraq's support of Abu Nidal in the early 1980s, Washington dropped Iraq from its list of countries that sponsored terrorism so the U.S. could bolster Iraq's war effort against Iran. Baghdad was reinstated to the list only after the Iraqi invasion of Kuwait in 1990, even though U.S. officials were unable to cite any increased Iraqi ties to terrorist groups. Abu Nidal himself was apparently murdered by the Iraqis in his Baghdad apartment recently, perhaps as an effort to deny the Bush administration an excuse to attack. A recent CIA report indicates that the Iraqis have actually been consciously avoiding any actions against the United States or its facilities abroad, presumably to deny Washington any excuse to engage in further military strikes against their country. The last clear example that American officials can cite of such Iraqi-backed terrorism was an alleged plot by Iraqi agents to assassinate former President George Bush when he visited Kuwait in 1993. In response, President Bill Clinton ordered the bombing of Baghdad, hitting an Iraqi intelligence headquarters as well as a nearby civilian neighborhood.
Although Secretary of Defense Donald Rumsfeld insists that Iraq is backing international terrorism, he has been unable to present any evidence that they currently do so. In fact, the State Department's own annual study Patterns of Global Terrorism did not list any serious act of international terrorism by the government of Iraq.
Besides, an American invasion of Iraq would probably weaken the battle against terrorism. It would not only distract from the more immediate threat posed by Osama bin Laden's Al Qaeda network, but it would also likely result in an anti-American backlash that would lessen the level of cooperation from Islamic countries in tracking down and neutralizing the remaining Al Qaeda cells.
4. There Is No Firm Proof that Iraq Is Developing Weapons of Mass Destruction
Despite speculation -- particularly by those who seek an excuse to invade Iraq -- of possible ongoing Iraqi efforts to procure weapons of mass destruction, no one has been able to put forward evidence that the Iraqis are actually doing so, though they have certainly done so in the past. The dilemma facing the international community is that no one knows what, if anything, the Iraqis are currently doing.
In the aftermath of the 1991 Gulf War and the subsequent inspections regimen, virtually all Iraq's stockpile of weapons of mass destruction, delivery systems, and capability of producing such weapons were destroyed. Inspectors with the United Nations Special Commission (UNSCOM) were withdrawn from Iraq in late 1998 before their job was complete, however, under orders by President Clinton prior to a heavy four-day U.S. bombing campaign. The Iraqi government has not yet allowed them to return. Prior to that time, UNSCOM reportedly oversaw the destruction of 38,000 chemical weapons, 480,000 liters of live chemical weapons agents, 48 missiles, six missile launchers, 30 missile warheads modified to carry chemical or biological agents, and hundreds of pieces of related equipment with the capability to produce chemical weapons.
In its most recent report, the International Atomic Energy Agency categorically declared that Iraq no longer has a nuclear program.
In late 1997, UNSCOM Director Richard Butler reported that UNSCOM had made "significant progress" in tracking Iraq's chemical weapons program and that 817 of the 819 Soviet-supplied long-range missiles had been accounted for. A couple dozen Iraqi-made ballistic missiles remained unaccounted for, but these were of questionable caliber. Though Iraqi officials would periodically interfere with inspections, in its last three years of operation, UNSCOM was unable to detect any evidence that Iraq had been further concealing prohibited weapons.
The development of biological weapons, by contrast, is much easier to conceal, due to the small amount of space needed for their manufacture. Early UNSCOM inspections revealed evidence of the production of large amounts of biological agents, including anthrax, and charged that Iraq had vastly understated the amount of biological warfare agents it had manufactured. In response, UNSCOM set up sophisticated monitoring devices to detect chemical or biological weapons, though these devices were dismantled in reaction to the U.S. bombing campaign of December 1998.
Frightening scenarios regarding mass fatalities from a small amount of anthrax assume that the Iraqis have developed the highly sophisticated means of distributing these bioweapons by missile or aircraft. However, there are serious questions as to whether the alleged biological agents could be dispersed successfully in a manner that could harm troops or a civilian population, given the rather complicated technology required. For example, a vial of biological weapons on the tip of a missile would almost certainly either be destroyed on impact or dispersed harmlessly. To become lethal, highly concentrated amounts of anthrax spores must be inhaled and then left untreated by antibiotics until the infection is too far advanced. Similarly, the prevailing winds would have to be calculated, no rain could fall, the spray nozzles could not clog, the population would need to be unvaccinated, and everyone would need to stay around the area targeted for attack.
Although Iraq's potential for developing weapons of mass destruction should not be totally discounted, Saddam Hussein's refusal to allow UN inspectors to return and his lack of full cooperation prior to their departure do not necessarily mean he is hiding something, as President Bush alleges. More likely, the Iraqi opposition to the inspections program is based on Washington's abuse of UNSCOM for intelligence gathering operations and represents a desperate effort by Saddam Hussein to increase his standing with Arab nationalists by defying Western efforts to intrude on Iraqi sovereignty. Indeed, the Iraqi defiance of the inspections regime may be designed to provoke a reaction by the United States in order to capitalize on widespread Arab resentment over Washington's double standard of objecting to an Arab country procuring weapons of mass destruction while tolerating Israel's nuclear arsenal.
A far more likely scenario for an Iraqi distribution of biological agents would be through Iraqi agents smuggling them clandestinely into targeted countries. This is what led to some initial speculation, now considered very doubtful, that the Iraqis were behind the anthrax mail attacks during the fall of 2001. To prevent such a scenario requires aggressive counterintelligence efforts by the United States and other potentially targeted nations, but this type of terrorism is not likely to be prevented by an invasion. Indeed, a U.S. invasion could conceivably encourage rogue elements of Iraqi intelligence or an allied terrorist group to engage in an anthrax attack as an act of revenge for the heavy Arab casualties resulting from U.S. bombing. One of the frightening things about biological weapons production is the mobility of operations. A "regime change" engineered by the U.S. would not necessarily ensure the closure of labs producing such weapons, since they could easily be relocated elsewhere or even continue to operate clandestinely in Iraq.
U.S. officials have admitted that there is no evidence that Iraq has resumed its nuclear, chemical, or biological weapons programs. Scott Ritter, a former U.S. Marine officer who served as chief weapons inspector for UNSCOM, responded to a query on a television talk show in 2001 about Iraq's potential threat to the U.S. by saying:
In terms of military threat, absolutely nothing. His military was devastated in 1991 in Operation Desert Storm and hasn't had the ability to reconstitute itself ... In terms of weapons of mass destruction, ... we just don't know. We know that we achieved a 90 to 95% level of disarmament. There's stuff that's unresolved, and until we get weapons inspectors back into Iraq, that will remain a problematic issue .... We should be trying to get weapons inspectors back into Iraq, so that we can ascertain exactly what's transpiring in Iraq today instead of guessing about it.
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