Like it or not, the war was Legal


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Like it or not, the war was Legal
09.23.04 (3:46 pm)   [edit]

Mr. Blix argued, as France did, that the Security Council “owned” the resolution 1441 as a collective.

As I said (see previous post), I think Blix is wrong. 1441 stated that if
Iraq did not comply with all relevant resolutions, then there would be serious consequences. As 688 was one of the relevant resolutions and America was able to determine when they were in violation of that, it follows from this that America would be able to determine that Iraq was in violation of 1441. Blix may think that “ownership” of the resolutions should rest with the entire Security Council, but as the old saying goes, and ought is not an is.


Needless to say, a second resolution was not needed to put a legal stamp on the war.  However, the US decided to pursue one anyway because Blair thought he needed it for political reasons.  This was a huge mistake and typical of the Bushies gross diplomatic bungling in the lead up to the war.  As Niall Ferguson put it, "by pitching for a second resolution ..., the Bush administration handed the French government a big, baguette like stick with which to beat the United States over the head."  Unbeknownst to Ferguson, the French had singled to the US and Britain that they were not going to continue the debate over the "ownership" of 1441 and were let the US and Britain go on its merry conquering way, but for political reasons the two pursued one anyway.  As a result France was not able to back down and had no choice to beat the US over the head as it were.    

Now, just for the record, let me say this. I hope people’s opinion of the war does not rest on whether they think it was legal.


 

 


posted by: DrForbush (reply)
post date: 09.27.04 (10:14 am)

What about the UN resolution that says that invading a foriegn nation is a violation of international law unless it is to defend another country from attack. What if France or Russia decided to defend Iraq against the US invasion? Which would be more legal?





posted by: koby (reply)
post date: 09.27.04 (11:33 am)

Reply to: DrForbush

It is not a UN resolution. It part of the UN charter and what about it? Legally speaking there was only one Gulf war not two. Why would France defend a country they were officially at war with? At issue all along was as Blix puts it the “ownership” of 1441. Blix and France argued that only the Security Council as whole could decide whether Iraq had failed to comply with all relevant security council resolutions. The British and the Americans disagreed and as I said, all that has happened since 1991 speaks in their favor. 688 was one of the relevant resolutions and the US was able to unilaterally determine what 688 meant, unilaterally decide when 688 was violated and 3) unilaterally decide what action to take. This was no small potatoes. 688 was the impetus for the creation of the no-fly zones and the creation of a de facto independent state of in Northern Iraq. The US and Britain also decided unilaterally, but with the tacit legal backing of the UN in 1998 that Iraq was in violation of the cease fire and so commenced with Dessert Fox.

It was rather strange of Annan to say the US did not have ownership of 1441 and concede that the US and Britain had the right to interpret 688 as they saw fit. 688 was one of the relevant resolutions and as the US and Britain had the power to determine when it was violated, they had the power to determine when 1441 was being violated.




posted by: DrForbush (reply)
post date: 09.27.04 (12:15 pm)

The following link goes over all of 1441 and in no place does it say that the US could unilaterally invade Iraq. Please point it out to me. It says that UN inspector should continue to inspect, and then report back to the UN. After their presentation there would be a vote. We never had the vote.

http://www.pbs.org/newshour/updates/november02/un_resolution_text.html





posted by: DrForbush (reply)
post date: 09.27.04 (12:30 pm)

On the other hand:

Chapter VII of the UN charter makes it clear when force should used. You can read it here:

http://www.un.org/aboutun/charter/chapter7.htm

In this chapter we see that force should only use force for the express purpose of restoring international peace and security.

In Iraq there was no threat to peace or security.




posted by: koby (reply)
post date: 09.27.04 (1:57 pm)

Reply to: DrForbush

“Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq.”

1) “Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions”

13) “Council has repeatedly [in other words not just on this occasion] warned [as the US and Britain did before Dessert Fox] Iraq that it will face serious consequences as a result of its continued violations of its obligations.”

The US and Britain did not afford Iraq a proper chance to prove they had complied with its “disarmament” obligations as spelled out in 1441, but Iraq had other obligations that it was deemed not to have complied with and as I have said, and as 1441 implicitly affirms, it was the Americans and British who interpreted when they had been in non-compliance. The US and Britain were guilty of acting in bad faith, but did not act illegally. Indeed, although much of the public case for going into Iraq had to do with “disarming” Saddam, i.e. primarily with 687, the US used other provisions to do a legal end around the process by which the arms inspectors were verifying "completion [of] the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council"

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