Legality Of The Iraq War
From TruthAboutIraq
The legality of the Iraq War is a matter both of international law and U.S. Constitutional Law.
From a legal perspective, it is also important to understand the 1991 cease-fire agreement between Iraq and the United States. Saddam Hussein clearly violated this cease-fire agreement, and thus the 2003 invasion of Iraq can be legally considered a continuation of the war that started in 1991.
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[edit] International Law
The main source of international law regarding the use of force is Chapter VII of the Charter of the United Nations. In particular, Article 51 provides for preemptive war in self-defense in the absence of Security Council authorization:
- "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security."
The Six Day War in 1967, and the Israeli attack upon Iraq's Osirak reactor in 1981 are examples of preemptive attacks in self-defense. It is settled law that preemptive wars in self-defense are legal, though arguments remain about how imminent a threat must be before a nation can legally attack in self-defense. In any case, Saddam Hussein's government was regularly firing upon American and British forces and acting in defiance of his surrender agreement.
[edit] UN Security Council Resolutions
Iraq was in material breach of a series of Security Council (UNSC) resolutions, as well as the armistice ending the Gulf War in 1991.
The U.S State Department has stated that Saddam Hussein violated each and every one of the UNSC resolutions passed since Iraq invaded Kuwait during the Gulf War. http://www.state.gov/p/nea/rls/01fs/14906.htm
Security Council Resolution 1441 gave Saddam Hussein a final chance to comply with all previous UNSC resolutions, which he failed to do.
[edit] 1991 Cease-Fire
The 1991 Gulf War ended in a cease-fire agreement, ratified by the UN Security Council as Resolution 687. The cease-fire was conditional upon Iraq's acceptance of the provisions of the Resolution. Some of those provisions included:
- Requiring Iraq to dismantle all WMD and all long-range missiles *under international supervision* (article C).
- Requiring Iraq to abandon all future WMD programs (article C)
- Comply with UN restrictions on the importation of conventional weapons (article F)
- Permenantly abandon support for terrorism (article H)
As there was no peace treaty following the cease-fire, the Gulf War coalition retained the right under international law to resume hostilities if Iraq violated the terms of the cease-fire. UNSCR 1441 found Iraq in material breach of the cease-fire.
[edit] U.S. Constitutional Law
Article I, section 8 of the United States Constitution grants Congress the power "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water . . . "
A formal declaration of war is not necessary for Congress to authorize the use of force, and World War II was the last conflict the U.S. fought with an actual Declaration of War. Several major conflicts, including the Korean War and the Vietnam War, have been fought since that time without a Declaration of War. Furthermore, the Authorization for Use of Military Force (AUMF) provides the statutory equivalent of a Declaration of War:
- (1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
The relevant section of the War Powers Resolution of 1973 reads (emphasis added):
- (b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, ...
Per the War Powers Resolution of 1973, a "specific statutory authorization" by Congress grants the same powers as a formal Declaration of War.
[edit] AUMF
Congress granted the President broad powers to retaliate for the 911 attacks by passing the Authorization for Use of Military Force (AUMF) on September 18, 2001. Section II states as follows:
- "(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."
[edit] AUMF Iraq
On October 11, 2002, the U.S. Senate passed the Authorization for Use of Military Force Against Iraq Resolution, also known as the 'Iraq War Resolution'. It was signed into law by President Bush on October 16, 2002.
The Iraq War Resolution in part states:
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--The President is authorized to use the Armed
Forces of the United States as he determines to be necessary and
appropriate in order to--
(1) defend the national security of the United States
against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council
resolutions regarding Iraq.
[edit] References
[with the companionship of a fine product of Sandoz Labs (or an imitator's). Illegal Wars]
