[Peace-discuss] War in Iraq Violates International Law

[ppatton at uiuc.edu]

War in Iraq Violates International Law
By Tom Krebsbach
 

More than two grueling years have passed since U.S. and
coalition forces stormed into the sovereign nation of Iraq.
Still there has been little discussion in this country about
the legal standing of the invasion.

Perhaps that is because most Americans are reluctant to admit
this inconvenient but certain fact: The United States/United
Kingdom invasion of Iraq in 2003 was a war of aggression, a
crime against the peace as defined by the Nuremberg Principles.

Various legal experts employed by the coalition governments
will dispute this. But their arguments are incredibly weak and
are not taken seriously by an overwhelming majority of
scholars of international law in the world. These independent
legal scholars, such people as Sean Murphy of George
Washington University, Mary Ellen O'Connell of Ohio State
University and Philippe Sands of University College London,
all hold that the invasion was a blatant violation of
international law.

There are only two cases in which a nation or group of nations
can legally undertake armed intervention against another
nation: in self-defense against an armed attack or if the
United Nations Security Council authorizes a coalition of
nations to intervene militarily to maintain peace and security
in the world.

Contrary to what the Bush administration would like the world
to believe, the invasion of Iraq can be justified neither on
the basis of self-defense nor because it was sanctioned by the
Security Council.

These are the facts that outline the legal status of the war:

    * The primary grievance against Iraq was the claim that it
had weapons of mass destruction and ongoing illicit weapons
programs.

    * The U.N. weapons inspection team was invasively and
thoroughly determining whether such weapons or weapons
programs existed in Iraq.

    * The U.N. Security Council was not willing to grant
authority to invade Iraq while the U.N. inspection team was
handling the illicit weapons problem peacefully.

    * President Bush launched the invasion of Iraq anyway, in
contravention of the U.N. Security Council and the U.N.
Charter. Without Security Council authorization, the invasion
was illegal and must be classified as a war of aggression.

Should Americans be concerned about international law? It is
quite clear that Bush has little regard for it. Yet, the
United States was founded on the basis of the rule of law.
Article VI of the Constitution states that treaties, which
this country has signed and ratified, are the "supreme law of
the land."

The U.N. Charter is such a treaty, and it was created in large
part because of the efforts of this country following World
War II. For this country to so egregiously transgress the
charter's prohibition on the use of force is not only a
violation of international law, it is a violation of our
Constitution and a repudiation of much of what this country
stands for.

A thoughtful person does not require the U.S. Constitution or
the U.N. Charter to understand the monstrosity of this
invasion. Common sense and decency should tell us that
launching an unprovoked invasion of another country, even one
ruled by a man as nefarious as Saddam Hussein, is simply mass
murder. What of the tens of thousands of innocent Iraqis who
have died as a result of this military incursion? Did anyone
ask them if they were willing to sacrifice their lives in a
risky attempt to install democracy in their land?

Whether Americans realize it or not, the integrity of the
United States has been dealt a serious blow. This country can
no longer be regarded as a nation that stands upon the legal
and moral high ground. There is little doubt people of most
countries now regard us as hypocrites.

In an effort to regain our lost integrity, it is time we hold
accountable, through impeachment and prosecution, the leaders
who planned and launched this disastrous and criminal war.

Tom Krebsbach of Brier is a Vietnam veteran. 
__________________________________________________________________
Dr. Paul Patton
Research Scientist
Beckman Institute  Rm 3027  405 N. Mathews St.
University of Illinois at Urbana-Champaign  Urbana, Illinois 61801
work phone: (217)-265-0795   fax: (217)-244-5180
home phone: (217)-344-5812
homepage: http://netfiles.uiuc.edu/ppatton/www/index.html

"The most beautiful thing we can experience is the mysterious.  It is the
source of all true art and science."
-Albert Einstein
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