Documentos de Académico
Documentos de Profesional
Documentos de Cultura
I. INTRODUCTION .................................................................................. 96
II. THE ROLE OF SECURITY COUNCIL RESOLUTIONS DURING THREATS TO
INTERNATIONAL PEACE AND SECURITY ............................................ 98
III. THE HISTORY OF IRAQ AND THE UN SECURITY COUNCIL ............. 100
IV. EXISTING SECURITY COUNCIL RESOLUTIONS JUSTIFIED ARMED
FORCE AGAINST IRAQ ..................................................................... 105
V. THE RIGHT OF SELF-DEFENSE JUSTIFIED THE INVASION OF IRAQ .. 110
VI. CONCLUSION ................................................................................... 114
I. INTRODUCTION
* Adam P. Tait is a 2005 graduate of Gonzaga University School of Law, cum laude. Mr.
Tait will begin practicing commercial litigation at the Spokane firm of Reed & Giesa, P.S., in
the fall of 2005. Mr. Tait would like to thank his lovely wife, Nicola, and his son Riley, age 4,
and daughter Paige, age 2 for the support and joy they give him.
1
Patrick E. Tyler, U.N. Chief Ignites Firestorm By Calling Iraq War ‘Illegal,’ NEW
YORK TIMES, Sept. 17, 2004, at 11.
96
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did not conform to the United Nations (“UN”) Charter.2 Meanwhile, both
the US and the UK argued that the action was justified under international
law due to the combined effect of numerous UN Security Council
resolutions concerning Iraq.3 In September 2002, for example, President
George W. Bush spoke to the UN about the danger that Saddam Hussein
and his Ba’ath regime posed to the free world, citing Iraq’s continuing
repudiation of Security Council resolutions and the threat it posed to
international peace and security as a justification for military action.4
This article examines the justifications for the war, and details two
reasons why the invasion of Iraq was legal under customary international
law. First, existing Security Council resolutions were valid and effective in
2003 to authorize the United States and other member states to participate in
the military effort against Iraq. Because those resolutions had never been
repealed or extinguished, and because events of the past 13 years made clear
that those resolutions still had effect, the US and UK were correct to justify
their actions on those resolutions. Second, this article will argue that the
effort was justified as preemptive self-defense as codified in Article 51 of
the UN Charter. Because Iraq posed a possibly imminent threat to the
collective security of the world, and because the definition of imminence
has changed in a post-Sept. 11 world, the coalition effort to remove Saddam
Hussein from power was an appropriate response to the Iraqi threat.
This article is separated into four parts. Part I examines the role of the
UN Security Council during times of international conflict and threats to
peace and security. Namely, this section discusses the Security Council’s
ability to address specific threats, as well as the shortcomings and
inadequacies of this body. Part II details the history of events concerning
Iraq since Saddam Hussein’s forces first entered Kuwait in 1990. This
article provides a description of important Security Council resolutions that
concerned Iraq’s actions and refusals to abandon its Weapons of Mass
Destruction (“WMD”) programs. Part III argues why military action by
coalition forces against the regime of Saddam Hussein and the Ba’ath Party
was justified according to existing Security Council resolutions. Part IV
explains that military action was justified according to the inherent right to
self-defense, as codified by Article 51 of the UN Charter. Further, this
section demonstrates that state practice over the course of history affirms
the inherent right of self-defense. In conclusion, this article will offer some
2
Id.
3
See US Secretary of State Colin L. Powell, Briefing on Situation with Iraq (March
17, 2003), available at http://www.state.gov/secretary/former/powell/remarks/2003/
18771.htm.
4
George W. Bush, Address at the UN General Assembly (Sept. 12, 2002), in 38
Wkly Comp. Pres. Doc. 1529 (Sept. 16, 2002), available at http://www.whitehouse.gov/
news/releases/2002/09/20020912-1.html.
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suggestions to resolve the disputes that arose over the debate concerning
military action in Iraq.
The Security Council is perhaps the most well known organ of the
United Nations, and surely the most controversial. Paragraph 1 of Article
24 of the UN Charter states:
5
U.N. CHARTER art. 24, para. 1.
6
U.N. CHARTER art. 39.
7
U.N. CHARTER art. 24, para 2; DAVID SCHWEIGMAN, THE AUTHORITY OF THE
SECURITY COUNCIL UNDER CHAPTER VII OF THE UN CHARTER 28-29 (2001).
8
U.N. CHARTER art. 25.
9
SCHWEIGMAN, supra note 7, at 31 n.115-117.
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10
Sec. C. Res. 855, U.N. SCOR, 48th Sess., U.N. Doc. S/RES/855 (1993).
11
Sec. C. Res. 1160, U.N. SCOR, 53rd Sess., U.N. Doc. S/RES/1160 (1998)
(imposing an arms embargo against the FRY and stated that the failure to move towards peace
in Kosovo would invite further action from the Council).
12
Sec. C. Res. 1199, U.N. SCOR, 53rd Sess., U.N. Doc. S/RES/1199 (1998).
13
Paul Heinbecker, Kosovo, in The UN Security Council: From the Cold War to the
21st Century 537, 540 (David Malone ed., 2004).
14
Id.
15
Id.
16
Id.
17
UK permanent representative Jeremy Greenstock, Address to the U.N. Security
Council (March 24, 1999).
18
Paul Heinbecker, Kosovo, in THE UN SECURITY COUNCIL: FROM THE COLD WAR
ST
TO THE 21 CENTURY 537, 542 (David Malone ed., 2004).
19
See id.
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authorize the use of force, it was clear that many Member States were
willing to support military action even if a minority of nations were
unwilling to do so.
The Security Council has in fact rarely used its Chapter VII authority to
enforce international peace and security. During the Korean conflict, for
example, the Soviet delegation’s refusal to support a resolution to denounce
that aggression almost kept the Council from having any influence.
Fortunately, based on the absence of the Soviet delegation (which had
protested the inclusion of Nationalist Chinese as the Chinese representative
in the Council), the remaining members were able to pass a
recommendation to denounce aggression on the Korean peninsula.20 With
the return of the Soviets, however, no further Security Council action was
taken.21 The Security Council was unable to provide leadership during the
crisis. This situation, along with the crisis in Kosovo, shows that the
Council is often hard-pressed to exercise its authority under Chapter VII of
the Charter to authorize the use of force when international peace and
security are at risk.
On August 2, 1990, Iraqi forces stormed across the Kuwaiti border and
ruthlessly took control of that nation’s capital, Kuwait City. Six days later,
Iraq declared that it would annex Kuwait, and then, on August 28, 1990,
claimed that the country was a province of Iraq.22 In response to the armed
aggression of Saddam Hussein’s regime, the United Nations Security
Council passed Resolution 660, which denounced these actions and called
for Iraqi forces to withdraw from Kuwait.23 Of course, this call went
unheeded. The Security Council then passed Resolution 661, wherein it
expressed its concern with the actions of Iraq and its desire to end the
occupation of Kuwait and restore the “sovereignty, independence, and
territorial integrity of Kuwait.”24 Resolution 661 also addressed the right of
Kuwait and other nations to exercise the use of force in recognition of “the
inherent right of individual or collective self-defense in response to the
armed attack by Iraq against Kuwait, in accordance with Article 51 of the
Charter.”25 The Security Council then passed Resolution 662, which
20
John F. Murphy, Force and Arms, in THE UNITED NATIONS AND INTERNATIONAL
LAW, 108 (Christopher C. Joyner ed., 1997).
21
See id.
22
See C. Warbrick, The Invasion of Kuwait by Iraq, 40 ICLQ pt. 1, at 482-492
(1991).
23
Sec. C. Res. 660, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/660 (1990).
24
Sec. C. Res. 611, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/611 (1990).
25
Id.
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memorialized its position that the Iraqi invasion and annexation of Kuwait
had “no legal validity, and [was] considered null and void.26
Meanwhile, a coalition of nations led by the United States formed an
alliance named “Desert Shield” to defend against a possible invasion of
other Gulf States, most notably Saudi Arabia.27 On August 12, 1990, the
United States began to use its navy to create a blockade against any Iraqi oil
exports, only allowing humanitarian shipments into Kuwait, justifying the
decision as consistent with Article 51 and previous Security Council
resolutions that mandated sanctions against the Iraqi regime.28 After
repeated demands by the United Nations and the world community that
Iraqi forces withdraw from Kuwait, the Security Council adopted
Resolution 678, which authorized Member States to use “all necessary
means to uphold and implement resolution 660 and all subsequent relevant
resolutions and to restore international peace and security in the area.”29 On
January 16, 1991, after Saddam Hussein’s regime failed to honor the
demands of Resolution 678 and other resolutions, the multinational alliance
began a campaign of aerial bombardments of Iraqi sites. After almost a
month of bombing, a massive ground offensive began, which quickly and
effectively routed remaining Iraqi ground forces and removed the Iraqi
presence from Kuwait.30 Shortly thereafter, Iraq accepted the offer of
President George H. W. Bush to suspend offensive combat operations and
declare a cease-fire upon its willingness to abide by all Security Council
resolutions.31
On April 3, 1991, the Security Council adopted Resolution 687, often
known as the “Mother of all Resolutions,” which in effect codified the
cease-fire agreement between Iraq and the international coalition.32 In that
resolution, the Security Council demanded that Iraq unconditionally accept
the destruction of all chemical, biological, and nuclear weapons programs.33
The resolution also required Iraq to destroy all ballistic missiles with a range
greater than 150 kilometers.34 In accordance with these measures, a strict
monitoring system was put into place to oversee Iraq’s compliance. The
International Atomic Energy Agency (“IAEA”) and United Nations Special
26
Sec. C. Res. 662, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/662 (1990).
27
D. Gilman, The Gulf War and the United Nations Charter: Did the Security
Council Fulfill its Original Mission?, 24 CONN. L. REV. 1131, 1149 (1992).
28
Id. at 1150.
29
Sec. C. Res. 678, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/678 (1990).
30
Supra note 20, at 113-114.
31
See id. at 114.
32
Sec. C. Res. 687, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/687 (1991).
33
Id. at paras. 8, 9 & 12.
34
Id. at para. 8.
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35
Sec. C. Res. 687, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/687 (1991).
36
Report of the Secretary-General on the Status of the Implementation of the Special
Commission’s Plan for the Ongoing Monitoring and Verification of Iraq’s Compliance with
Relevant Parts of Section C of Security Council Resolution 687 (1991), U.N. Doc.
S/1994/11138 (Oct. 7, 1994).
37
A.J.R. Groom, Edward Newman, & Paul Taylor, Burdensome Victory: The United
Nations and Iraq, in A UNITED NATIONS FOR THE TWENTY-FIRST CENTURY: PEACE,
SECURITY AND DEVELOPMENT 149, 156 (Dimitris Bourantonis & Marios Evriviades eds.,
1996).
38
Sec. C. Res. 707, U.N. SCOR, 46th Sess., U.N. Doc. S/RES/707 (1991).
39
Sec. C. Res. 1060, U.N. SCOR, 51st Sess., U.N. Doc. S/RES/ 1060 (1996).
40
Sec. C. Res. 1115, U.N. SCOR, 52nd Sess., U.N. Doc. S/RES/1115 (1997).
41
Sec. C. Res. 1137, U.N. SCOR, 52nd Sess., U.N. Doc. S/RES/1137 (1997).
42
Memorandum of Understanding, U.N. Doc. S/1998/166 (1998).
43
See Sec. C. Res. 1205, U.N. SCOR, 53rd Sess., U.N. Doc. S/RES/1205 (1998). The
Security Council noted “with alarm the decision of Iraq…to cease cooperation with the United
Nations Special Commission, and its continued restrictions on the work of the [IAEA].”
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44
See S.M. Condron, Justification for Unilateral Action in Response to the Iraqi
Threat: A Critical Analysis of Operation Desert Fox, 161 MILITARY L. REV. 115-180 (1999).
45
Sec. C. Res. 1154, U.N. SCOR, 53rd Sess., U.N. Doc. S/RES/1154, at para. 3
(1998).
46
Frederick Rawski & Nathan Miller, The United States in the Security Council: A
Faustian Bargain?, in THE UN SECURITY COUNCIL: FROM THE COLD WAR TO THE 21ST
CENTURY 361 (David M. Malone ed., 2004).
47
Sec. C. Res. 1284, U.N. SCOR, 54th Sess., U.N. Doc. S/RES/1284 (1999).
48
Id. at pt. C.
49
Statement by the Iraqi Deputy Prime Minister, Tariq Aziz (Feb. 20, 2000) quoted in
“Iraq Condemns UN Resolution,” available at http://news.bbc.co.uk/1/hi/world/
middle_east/649826.stm.
50
George W. Bush, Address at the UN General Assembly, supra note 4.
51
Sec. C. Res. 1441, U.N. SCOR, 57th Sess., U.N. Doc. S/RES/1441 (2002).
52
Id. at 2.
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53
Id. at 3.
54
Id. at 5.
55
Executive Chairman of UNMOVIC Dr. Hans Blix, Briefing of the Security Council
(Dec. 19, 2002), available at http://www.unmovic.org.
56
George W. Bush, Address at the UN General Assembly, supra note 4.
57
U.N. SCOR Twelfth Quarterly Report at 3, U.N. Doc. S/2003/232 (1999), available
at http://www.un.org/Depts/unmovic/new/documents/quarterly_reports/s-2003-232.pdf (UN-
MOVIC Executive Chairman Dr. Hans Blix stated that the declaration “contained little new
significant information”).
58
Executive Chairman of UNMOVIC Dr. Hans Blix, Briefing of the Security Council
(January 27, 2003), available at http://www.unmovic.org.
59
Adam Roberts, The Use of Force, in THE UN SECURITY COUNCIL: FROM THE COLD
WAR TO THE 21ST CENTURY 141 (David M. Malone ed., 2004).
60
See id.
61
John Yoo, Agora: Future Implications of the Iraq Conflict: International Law and
the War in Iraq, 97 A.J.I.L. 563, 564 (2003).
62
Id.
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63
Sec. C. Res. 678, supra note 29, at para. 2.
64
See Sec. C. Res. 678, supra note 29.
65
Sec. C. Res. 678, supra note 29, at para. 2.
66
See Sec. C. Res. 687, supra note 32.
67
See Yoo, supra note 61, at 564-67.
68
See Roberts, supra note 59, at 141.
69
See id.
70
Id.
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all.71 Professor John Yoo explains that these nations had agreed to authorize
the use of force against Iraq in 1991. The text of those resolutions has not
been changed and the conditions for their enforcement have remained
constant. If Russia, France, and Germany were to consider Resolutions 678
and 687 expired, argues Yoo, there would be considerable dispute about the
legal force and legitimacy of Security Council resolutions. Such a result
would call into question whether such resolutions are legal legislative acts
or “ad hoc legislative edicts.”72 In other words, when one or two Security
Council member states call into question the effectiveness of existing
resolutions, they in effect minimize the importance and legitimacy of the
resolutions. This then begs the question of whether a Security Council
resolution is binding as an expression of international law.
The US and UK, when confronted with the reality that an eighteenth
resolution would not pass, moved forward with military plans, relying on
existing Security Council resolutions to justify the March 2003 invasion.
This was not a position of weakness. Resolutions 678 and 687 were still
viable, effective mandates at that time, as events of the previous decade
make clear.
On January 13, 1993, US, UK and French aircraft attacked Iraqi
positions, destroying Iraqi missile launchers. In response to the attacks, UN
Secretary-General Boutros Boutros-Ghali said:
The raid, and the forces that carried out the raid, have received a
mandate from the Security Council, according to Resolution 678, and
the cause of the raid was the violation by Iraq of Resolution 687
concerning the cease-fire. So, as Secretary-General of the United
Nations, I can say that this action was taken and conforms to the
resolutions of the Security Council and conforms to the Charter of the
United Nations.73
71
Yoo, supra note 61, at 568.
72
See id.
73
Simon Chesterman, Just War or Just Peace? HUMANITARIAN INTERVENTION AND
INT’L LAW, 201 (2001) (quoting Boutros Boutros-Ghali, January 14, 1993).
74
Barton Gellman & Ann Devroy, “Military Action Against Iraq Signaled by
Administration”, Washington Post, Jan. 14, 1993, at A1.
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Deploring the fact that Iraq has not provided an accurate, full,
final, and complete disclosure, as required by resolution 687
(1991), of all aspects of its programmes to develop weapons of
mass destruction and ballistic missiles with a range greater than
one hundred and fifty kilometres, and of all holdings of such
weapons, their components and production facilities and locations,
as well as all other nuclear programmes, including any which it
claims are for purposes not related to nuclear-weapons-usable
material.
79
See, e.g., Sec. C. Res. 1031, U.N. SCOR, 50th Sess., U.N. Doc. S/RES/1031, at
para. 3 (1995) ("[T]he mandate…shall terminate on the date which the Secretary-General
reports to the Council."); Sec. C. Res. 929, U.N. SCOR, 49th Sess., U.N. Doc. S/RES/929, at
para. 2 (1994) ("[T]he mission of Member States cooperating with the Secretary-General will
be limited to a period of two months…").
80
See Sec. C. Res. 678, U.N. SCOR, 45th Sess., U.N. Doc. S/RES/678 (1990).
81
See Sec. C. Res. 1441, supra note 51, at para. 1.
82
See id., at preamble.
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This was not the sort of language that could be interpreted as expressly
terminating any previous authorization to use force or repealing Iraq’s
duties under the inspection regime, as nations such as France, Germany, and
Russia argued.84 Instead, this language makes clear that those resolutions
still had a binding effect–reinforcing Security Council practice that
resolutions, if they are to be held as binding, must be expressly terminated,
or expressly limited by time or event requirements.
Resolution 1441 also refers to the Security Council’s repeated previous
warnings to Iraq of “serious consequences” that would result from
continued violations of the regimes obligations.85 That language, when
compared to the language of Resolution 678, shows a high degree of
justification for the view that Resolution 1441 allowed the use of force upon
further non-compliance by Iraq. Resolution 678 gave Iraq “one final
opportunity” to withdraw from Kuwait and comply with the demands of the
Security Council.86 If Iraq did not take advantage of that opportunity, then
Member States were allowed to “use all necessary means” to comply
enforcement.87 Likewise, the language of 1441, while not specifically
authorizing the use of force, makes clear that such an option was authorized
upon Iraq’s further non-compliance with its obligations. The resolution
gave Iraq a “final opportunity to comply” with its duties.88 That language,
coupled with the “serious consequences” that would follow upon non-
compliance, shows that Resolution 1441 was in fact a legal authorization to
use force to ensure Iraqi compliance. The fact that no Member State found
Iraq to be in compliance with its obligations under existing resolutions
further justified the decision to use force.
It should also be noted that the cease-fire agreement embodied in
Resolution 687 declares a formal suspension of hostilities between Iraq and
Member States such as the US, rather than with the United Nations itself.89
The resolution was a “formal cease-fire...between Iraq, Kuwait, and the
Member States cooperating with Kuwait in accordance with Resolution 678
83
Id.
84
See Roberts, supra note 59, at 141.
85
See Sec. C. Res. 1441, U.N. SCOR, 57th Sess., U.N. Doc. S/RES/1441 at para. 13
(2002).
86
Sec. C. Res. 678, supra note 80, at para. 1.
87
Id. at para. 2.
88
Sec. C. Res. 1441, supra note 85, at para. 2.
89
Sec. C. Res. 687, supra note 32, para. 33.
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90
Id.
91
See Vienna Convention on the Law of Treaties, art. 60(2)(b), May 23, 1969, 21
U.S.T 77.
92
See Ruth Wedgwood, The Enforcement of Security Council Resolution 687: The
Threat of Force Against Iraq's Weapons of Mass Destruction, 92 AJIL 724, 726 (1998); see
also, Vienna Convention, Art. 60, supra note 92, at art. 60; see also John Yoo, Agora: Future
Implications of the Iraq Conflict: International Law and the War in Iraq, 97 A.J.I.L. 563, 568-
569 (2003).
93
U.N. CHARTER art. 51.
94
See Myres S. McDougal, The Soviet-Cuban Quarantine and Self-Defense, 57 AJIL
597, 599 (1963); Oscar Schachter, The Right of States to Use Armed Force, 82 MICH. L. REV.
1620, 1634-1634 (1984); Abraham D. Sofaer, International Law and Kosovo, 36 STAN. J.
INT’L LAW 1, 16 (2000).
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95
Letter from U.S. Secretary of State Daniel Webster to British Minister Henry Fox
(Apr. 24, 1841), in 29 BRITISH AND FOREIGN STATE PAPERS, 1840-1841, at 1138 (1857).
96
Letter from Lord Ashburton to U.S. Secretary of State Daniel Webster (July 28,
1842), in 30 BRITISH AND FOREIGN STATE PAPERS, 1841-1842, at 1858 (1857).
97
See, e.g., YORAM DINSTEIN, WAR, AGRESSION, AND SELF-DEFENSE 208-212 (3d
ed. 2001); Yoo, supra note 92, at 572.
98
DINSTEIN, supra note 98, at 208-212, & 219-220.
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This view, prompted by the terrible events of Sept. 11, changes the
entire paradigm of the Caroline test. No longer can nations be aware of
imminent threats, and at least one nation, the United States, has made clear
that it will act preemptively to “forestall or prevent” a hostile regime or
group from attacking American targets.
Preemptive self-defense has been practiced before, such as the Torrey
Canyon incident of 1967. There, the United Kingdom took unilateral action
to protect its coastal and marine resources after the Liberian oil tanker
Torrey Canyon ran aground in the English Channel.100 Fearing for the well-
being of its resources, the UK bombed and destroyed the ship, asserting a
customary international law right of intervention.101 In the 1950s, the
French seized foreign merchant ships on the high seas thought to be
carrying arms to the Algerian rebel movement.102 The French government
cited its inherent right to self-defense to justify the seizures.103 On several
occasions, the US has attacked another nation out of concern for self-
defense. In 1986, the US attacked Libyan targets in order to stop possible
99
The National Security Strategy of the United States of America, available at
http://www.whitehouse.gov/nsc/nssall.html.
100
See Michael Akehurst, A Modern Introduction to International Law 175 (3d ed.
1977).
101
See id.
102
Id.
103
Id.
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I cannot tell you everything that we know, but what I can share
with you, when combined with what all of us have learned over
the years, is deeply troubling. What you will see is an
accumulation of facts and disturbing patterns of behavior. The
facts and Iraqis’ behavior, Iraq’s behavior, demonstrate that
Saddam Hussein and his regime have made no effort, no effort, to
disarm, as required by the international community.
Indeed, the facts and Iraq’s behavior show that Saddam Hussein
and his regime are concealing their efforts to produce more
weapons of mass destruction.109
VI. CONCLUSION
109
U.S. Secretary of State Colin Powell, Address at U.N. Security Council (Feb. 5,
2003), available at http://www.un.int/usa/03clp0205.htm.
110
Supra note 85.
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nations cannot wait for an express declaration of war or other clear signs to
designate a threat as “imminent.” Following the practice of numerous states
over the past half-century, the US led a coalition to preemptively defend
itself and other nations from the possibility of an Iraqi regime armed with
WMD. Considering the costs of a WMD attack, regime change was an
appropriate response to the Iraqi threat.
The action against Iraq revives an old and troublesome dilemma for the
United Nations and the Security Council. The events of September 11 gave
rise to the possibility that acts of war will not be announced by formal
declarations, but instead may be delivered by secret and silent terror groups
with no ties to any one nation or state. Nations are more aware of their need
to curb possible violence, and regimes which support terror groups or terror
acts, or which seek weapons of mass-destruction, are now considered
greater dangers than ever before. The US-promoted doctrine of pre-emption
will force the Security Council to consider the mandates and authorizations
it gives in the future, but also magnifies the problems that disagreement
between Council Members may produce.
Although a large group of nations, including Russia, France, and
Germany, opposed the US-led coalition against Iraq, it is clear that a
precedent has been set, if not reinforced. The US government, under the
leadership of George W. Bush, has made the case that nations cannot wait
for “imminent” threats to materialize. No longer can nations simply wait
for enemies to formally declare war. Nor can nations even rely on
intelligence capabilities to detect the massing of enemy troops, or the launch
of a missile carrying a nuclear weapon. The sophistication and sinister
motives of terror groups make it almost impossible to identify an imminent
threat before it is carried out. The fact that over thirty nations supported the
coalition efforts against Saddam Hussein demonstrates that this theory is
gaining traction, and will continue to conflict with the Security Council’s
Chapter VII authority.
Preemptive self-defense is now squarely in conflict with the view that
Security Council authority is still paramount in armed aggression between
nations. Those who espouse the latter view will continue to argue that no
nation should use force without Security Council authority unless the
inherent right to self-defense is clearly invoked. Those who support the
former view will counter with the claim that, in the end, each nation must
have the right to defend itself, even if without Security Council approval.
Therein lies the danger of such a conflict. As was evidenced in both the
Korea and Bosnia situations, disagreement between Security Council
members results in inaction – precisely the result that nations cannot afford.
As Security Council members argue as to their rights against the duties and
powers of that body, the question of state action against potential threats –
be they rogue states or terror groups – goes unanswered. And as was made
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Security Council must address these problems. And third, the coalition was
able to remove a murderous regime independently of a UN mandate. While
some may question the virtues of such a result, the action does signal hope
to those in the world whom the UN is to protect. A coalition of willing
nations may come together under the mandate of international law, to
actually alleviate suffering in the world. If the rest of the world wants to see
the UN and the Security Council to play a part in such an important mission,
it is now on notice.