Once again guys, there is NO legal justification for a war with Iraq at this stage.
Iraq is currently in violation of part of one section of UN Security Council Resolution 687 (and a series of subsequent resolutions reiterating that segment) requiring full cooperation with United Nations inspectors ensuring that Iraq's weapons of mass destruction, delivery systems, and facilities for manufacturing such weapons are destroyed. The conflict regarding access for UN inspectors and possible Iraqi procurement of weapons of mass destruction has always been an issue involving the Iraqi government and the United Nations, not an impasse between Iraq and the United States. Although UN Security Council Resolution 687 was the most detailed in the world body's history, no military enforcement mechanisms were specified. Nor did the Security Council specify any military enforcement mechanisms in subsequent resolutions. As is normally the case when it is determined that governments violate all or part of UN resolutions, any decision about the enforcement of its resolutions is a matter for the UN Security Council as a whole ? not for any one member of the council.
The most explicit warning to Iraq regarding its noncompliance came in UN Security Council Resolution 1154. Although this resolution warned Iraq of the "severest consequences" if it continued its refusal to comply, the Security Council declared that it alone had the authority to "ensure implementation of this resolution and peace and security in the area."
According to articles 41 and 42 of the United Nations Charter, no member state has the right to enforce any resolution militarily unless the UN Security Council determines that there has been a material breach of its resolution, decides that all nonmilitary means of enforcement have been exhausted, and then specifically authorizes the use of military force. This is what the Security Council did in November 1990 with Resolution 678 in response to Iraq's ongoing occupation of Kuwait in violation of a series of resolutions passed that August. The UN has not done so for any subsequent violations involving Iraq or any other government.
If the United States can unilaterally claim the right to invade Iraq due to that country's violation of UN Security Council resolutions, other Security Council members could logically also claim the right to invade other member states that are in violation of UN Security Council resolutions. For example, Russia could claim the right to invade Israel, France could claim the right to invade Turkey, and Great Britain could claim the right to invade Morocco, simply because those targeted governments are also violating UN Security Council resolutions. The U.S. insistence on the right to attack unilaterally could seriously undermine the principle of collective security and the authority of the United Nations and in doing so would open the door to international anarchy.
International law is quite clear about when military force is allowed. In addition to the aforementioned case of UN Security Council authorization, the only other time that any member state is allowed to use armed force is described in Article 51, which states that it is permissible for "individual or collective self-defense" against "armed attack ... until the Security Council has taken the measures necessary to maintain international peace and security." If Iraq's neighbors were attacked or feared an imminent attack from Iraq, any of these countries could call on the United States to help, pending a Security Council decision authorizing the use of force. But they have not appealed to the Security Council, because they have not felt threatened by Iraq.
Based on evidence that the Bush administration has made public, there does not appear to be anything close to sufficient legal grounds for the United States to convince the Security Council to approve the use of military force against Iraq in U.S. self-defense. This may explain why the Bush administration has thus far refused to go before the United Nations on this matter. Unless the United States gets such authorization, any such attack on Iraq would be illegal and would be viewed by most members of the international community as an act of aggression. In contrast to the Persian Gulf War of 1990-91, it is likely that the world community would view the United States ? not Iraq ? as the international outlaw.
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