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[casi] UN Resolution or Not, This War Violates International Law

UN Resolution or Not, This War Violates International Law

By Rahul Mahajan

The majority of the antiwar movement has made a mistake in
emphasizing the unilateral nature of the war on Iraq and the need for
United Nations approval, and we may well reap the consequences of
that mistake.

The argument has made major inroads with the public; polls
consistently show that the majority of Americans oppose a unilateral
war without international support and the latest poll in Britain
shows only 15% of the population supports a war without a second U.N.

It's also an entirely unobjectionable argument in a negative sense -
without a Security Council resolution, the war is clearly a violation
of international law, as U.N. Secretary-General Kofi Annan has
recently pointed out. It is, however, possible for a war fought with
U.N. approval still to be a violation of international law.

That is the fundamental question -- not whether our "allies" support
us, not whether we can strong-arm and browbeat enough members of the
Security Council to acquiesce, but whether or not the war is illegal.

Interestingly, in this, as in so many other things, the Bush
administration turns this question on its head and claims that the
war is necessary in order to uphold international law.

Let's start with that argument.

Iraq is threatening no country with aggression and its violations of
Security Council resolutions, while clear, are technical, mostly a
matter of providing incomplete documentation about weapons that may
or may not exist, and for the use of which there are no apparent
plans. At the same time, Israel is in violation of, at a very
conservative count, over 30 resolutions, pertaining among other
things to the very substantive issue of the continuing illegal
occupation of another people, along with violations of the Fourth
Geneva Convention through steady encroachment on and effective
annexation of that land. Indonesia, another U.S. ally, violated U.N.
resolutions for a quarter of a century in East Timor with relative
impunity. Morocco is illegally occupying Western Sahara. In each of
these cases, the United States wouldn't be required to go to war to
help uphold international law; it could start simply by terminating
aid and arms sales to these countries.

The United States is also a very odd country to claim to uphold such
a principle. Ever since a 1986 International Court of Justice ruling
against the United States and in favor of Nicaragua, the United
States has refused to acknowledge the ICJ's authority (the $17
billion in damages it was ordered to pay were never delivered).
Shortly after that judgment, the United States actually vetoed a
Security Council resolution calling on states to respect
international law. Of course, the United States doesn't itself
violate Security Council resolutions, since it can always veto them
-- as it did when the Security Council tried to condemn its blatantly
illegal invasion of Panama in 1989, and on seven occasions regarding
its contra war on Nicaragua.

For the sake of argument, let's forget about the international double
standard and focus just on Iraq. Even without reference to anything
else, one can argue that repeated U.S. violations of international
law when it comes to Iraq and in particular of the specific
"containment" regime instituted after the Gulf War release Iraq from
any obligations.

To start, Iraq has been under illegal attack for the past decade,
with numerous bombings including the Desert Fox campaign, even as it
was being called on to start obeying international law.

The United States also took numerous illegal or questionably legal
steps to subvert the legal regime of "containment" -- passing the
"Iraq Liberation Act" in October 1998, which provided $97 million for
groups trying to overthrow the Iraqi government, a clear violation of
Iraqi sovereignty and a violation of international law; stating that
only with regime change would the sanctions be lifted, in violation
of UNSCR 687; and using weapons inspections to commit espionage, the
information from which was then used in targeting decisions during
Desert Fox.

Is the War Itself a Violation of International Law?

Perhaps the most cogent argument, however, is the fact that the war
the United States is planning on Iraq is an act of premeditated

All the signs point in the same direction.

First, in August, Defense Secretary Rumsfeld ordered that the list of
bombing targets be extended far beyond any goal of enforcing the
no-fly zones to include command-and-control centers and in general to
go beyond simple reaction to threats. According to John Pike of, this was "part of their strategy of going ahead
and softening up the air defenses now" to prepare for war later. By
December 2002, the shift could be noted in a 300% increase in
ordnance dropped per threat detected -- a clear sign that simply
defending the overflights was no longer the primary aim of the
bombings. According to the Guardian, "Whitehall officials have
admitted privately that the 'no-fly' patrols, conducted by RAF and US
aircraft from bases in Kuwait, are designed to weaken Iraq's air
defence systems and have nothing to do with their stated original
purpose." Weakening air defense and command-and-control are the
standard first steps in all U.S. wars since 1991, so the first
salvoes in the war were being fired even as inspections continued. In
the first two months of this year, bombings occurred almost every
other day.

Even worse, according to strategic analyst Michael Klare, by February
2002 it had become clear that all of the administration's supposed
diplomatic activities in the Fall of 2002 and early 2003 had merely
been a smokescreen.

The war was being seriously planned from at least the spring of 2002,
but in the summer there was a serious internal debate in the military
between a so-called "Afghan option" with 50-75,000 troops and heavy
reliance on air power and Iraqi opposition forces and the eventual
plan, "Desert Storm lite," with 200-250,000 troops and a full-scale

The decision was made in late August, but the more involved plan,
according to Klare, required at least a six-month deployment. Ever
since then, the timetable has not been one of diplomacy, U.N.
resolutions, and weapons inspections, but rather one of deployment,
strong-arming of regional allies needed as staging areas for the
invasion, and, quite likely, replenishment of stocks of precision
weapons depleted in the war on Afghanistan.

For over a month, as inspections increase in effectiveness and scope,
as Iraq dismantles its al-Samoud missiles, and as it struggles
desperately to find ways to reconcile questions over biological and
chemical agents, the White House has contemptuously dismissed all
efforts. The constant refrain is that time is running out, with no
explanation of why the time is so limited. The reason is simple; it's
not because of any imminent threat from Iraq, it's just because the
troops are there and ready to go.

The obvious conclusion is that the war was decided on long ago,
irrespective of Iraq's actions. Nothing Iraq could have done short of
full-scale capitulation and "regime change" would have stopped the
United States from going to war. That makes this war a clear case of

Even the fig leaf of another U.N. Security Council resolution will
not change this fact. Nor will it confer any legitimacy on the
actions, because of the massive attempts by the United States,
documented in the study "Coalition of the Willing or Coalition of the
Coerced?" by the Institute for Policy Studies, to coerce, bribe, and
otherwise exert undue influence on other countries, including key
undecided Security Council members, to support the U.S. position.

Above all else, if other countries acquiesce to U.S. plans, it will
be because of the constant refrain of the Bush administration -- that
the United States will go to war with or without their consent, so
there is nothing to be gained (and much to be lost) by resisting.

In fact, the U.S. war on Iraq is itself the most fundamental
violation of international law. In the language coined at the
Nuremberg trials, it is a crime against peace. Former Supreme Court
Justice Robert Jackson, chief U.S. prosecutor at the first Nuremberg
trial, called waging aggressive war "the supreme international crime
differing only from other war crimes in that it contains within
itself the accumulated evil of the whole."

It surely is unprecedented in world history that a country is under
escalating attack; told repeatedly that it will be subjected to a
full-scale war; required to disarm itself before that war; and then
castigated by the "international community" for significant but
partial compliance.

Rahul Mahajan is a founding member of the Nowar Collective
( and serves on the National Board of
Peace Action. This article has been excerpted from his forthcoming
book, "The U.S. War Against Iraq: Myths, Facts, and Lies,"
published by Seven Stories. His first book, "The New Crusade:
America's War on Terrorism,"
( has been described as
"mandatory reading for all those who wish to get a handle on the war
on terrorism." His articles can be found at He can be contacted at

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