The Aggression Hit Parade

According to the Washington Post, on the eve of President Bush’s second inaugural, he believed his re-election constituted a “ratification” of his “approach toward Iraq.”

Far from being “ratified” in the rest of the world – including the United Kingdom – Bush’s “approach toward Iraq” has given rise to concern about the current state of international law in general and whether or not the prohibitions against the use of force on which the United Nations Charter is founded are still respected by the United States.

Last summer, 40 members of Parliament asked U.N. Secretary-General Kofi Annan to seek the opinion of the U.N.’s International Court of Justice on the “legality” under the U.N. Charter of the Iraq invasion:

We look to the court for an advisory opinion on this war, not only to address the casualties and damage done to the people and country of Iraq, but also to offer clear guidelines for the future about the legality of pre-emptive wars.

Operation Iraqi Freedom was neither justified to – nor sanctioned by – the United Nations Security Council and, hence, constituted a flagrant violation of the U.N. Charter, applicable sections of which are quoted below.

Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication, and the severance of diplomatic relations.

Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade and other operations by air, sea or land forces of members of the United Nations.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

[The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. … The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council.]

In 2002, the United States provided no evidence to the Security Council that Iraq was a “threat to the peace.” In fact, all evidence provided by Iraq and by U.N. inspectors was to the contrary.

Hence, the Security Council didn’t authorize any “actions” involving force against Iraq by member states. Nor were any plans even made for the application of force.

But, none of that matters to Bush. The American electorate has “ratified” his approach to Iraq. His second inaugural address appears to promise more applications of the Bush Doctrine to those characterized in it as “rogue states,” namely, those who:

  • brutalize their own people and squander their national resources for the personal gain of the rulers;
  • display no regard for international law, threaten their neighbors and callously violate international treaties to which they are party;
  • are determined to acquire weapons of mass destruction, along with other advanced military technology, to be used as threats or offensively to achieve the aggressive designs of these regimes;
  • sponsor terrorism around the globe; and
  • reject basic human values and hate the United States and everything for which it stands.

According to the Bush Doctrine, “The United States has long maintained the option of pre-emptive actions to counter a sufficient threat to our national security … To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act pre-emptively. … The purpose of our actions will always be to eliminate a specific threat to the United States or our allies and friends.”

So, you soccer moms have “ratified” the application of the Bush Doctrine to Iraq – haven’t you? How about applying it to other “outposts of tyranny” identified by Bush’s new secretary of state?

Cuba? Burma? North Korea? Iran? Belarus? Zimbabwe?

Did you ratify that?

January 25, 2005