Iraq: Five Years Later, We Can’t Forgive or Forget

Editor's note: Tuesday, October 16th marked the fifth anniversary of George W. Bush's signing of the Iraq war resolution.

Last week marked the fifth anniversary of the congressional vote granting President George W. Bush unprecedented war-making authority to invade Iraq at the time and circumstances of his own choosing. Had a majority of either the Republican-controlled House or the Democratic-controlled Senate voted against the resolution or had they passed an alternative resolution conditioning such authority on an authorization from the United Nations Security Council, all the tragic events that have unfolded as a consequence of the March 2003 invasion would have never occurred.

The responsibility for the deaths of nearly 4,000 American soldiers, the deaths of hundreds of thousands of Iraqi civilians, the waste of over a half trillion dollars of our national treasury, and the rise of terrorism and Islamist extremism that has come as a result of the invasion and occupation of Iraq rests as much in the hands of the members in Congress who authorized the invasion as it does with the administration that requested the lawmakers' approval.

Those who express surprise at the refusal of today's Democratic majority in Congress to stop funding the war should remember this: the October 2002 resolution authorizing the invasion had the support of the majority of Democratic senators as well as the support of the Democratic Party leadership in both the House and the Senate.

Seven Senators

Seven of the 77 senators who voted to authorize the invasion -- Fred Thompson (R-TN), John McCain (R-AZ), Sam Brownback (R-KS), Hillary Clinton (D-NY), Christopher Dodd (D-CT), Joseph Biden (D-DE), and John Edwards (D-NC) are now running for president. While the Republicans candidates remain unapologetic, the Democratic candidates have sought to distance themselves from their vote, arguing that what is important in choosing a president is not how they voted in the past, but what she or he would do now.

Such efforts to avoid responsibility should be rejected out of hand. While I personally support a full withdrawal of U.S. forces from Iraq as soon as logistically feasible, there is considerable debate among knowledgeable, ethical, and intelligent people -- including those who also opposed the invasion -- as to what to do now. No reasonable person, however, could have supported the resolution authorizing the invasion five years ago.

On this and other web sites -- as well as in many scores of policy reports, newspaper articles, academic journals and other sources -- the tragic consequences of a U.S. invasion of Iraq and a refutation of falsehoods being put forward by the Bush administration to justify it were made available to every member of the House and Senate (see, for example, The Case Against a War with Iraq). The 2003 vote authorizing the invasion was not like the vote on the 1964 Gulf of Tonkin resolution on the use of force against North Vietnam, for which Congress had no time for hearings or debate and for which most of those supporting it (mistakenly) thought they were simply authorizing limited short-term retaliatory strikes in response to a specific series of alleged incidents. By contrast, in regard to the resolution authorizing the use of force against Iraq, Congress had many months to investigate and debate the administration's claims that Iraq was a threat as well as the likely implications of a U.S. invasion; members of Congress also fully recognized that the resolution authorized a full-scale invasion of a sovereign nation and a subsequent military occupation of an indefinite period.

Violating International Legal Conventions

Those who voted in favor of the resolution authorizing the invasion of Iraq did so despite the fact that it violated international legal conventions to which the U.S. government is legally bound to uphold. The resolution constituted a clear violation of the United Nations Charter that, like other ratified international treaties, should be treated as supreme law according to Article VI of the U.S. Constitution. According to articles 41 and 42 of the UN 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.