Invading Iraq would be misguided and illegal
by Marjorie Cohn
Chicago Tribune, July 9, 2002 North Sports Final Edition.
Also at Letters to Voice of the People: ctc-tribletter@tribune.com
Although President Bush insists he has no plans on his desk to invade Iraq,
the Pentagon's "war plan," leaked to The New York Times last week,
reveals advanced planning for an air, land and sea-based attack. Striking Iraq
would further destabilize the Middle East and have disastrous consequences
for the United States. Moreover, there is no legitimate justification for
attacking Iraq. The Pentagon plan would require 250,000 troops. "Anything
short of a ground invasion would run a high risk of failure," says Philip Gordon
of the Brookings Institution. But "removing Saddam [Hussein] will be opening
a Pandora's box, and there might not be an easy way to close it back up,"
according to Gordon. Thousands of American soldiers would be killed, which
is precisely what former President George Bush sought to avoid when he stopped
short of Baghdad in 1991. John Nichol, of the British Royal Air Force, who
was an Iraqi prisoner-of-war during the Gulf War, says "the death toll
would have been massive" if the Western forces had marched into Baghdad to
capture Hussein. Vice President Dick Cheney, who went to the Middle East
recently to prime the Arab countries for a military strike against Iraq, found
the Arabs much more concerned with ending the bloodshed in Israel. On March 28,
the Arab League proposed a political settlement of the Palestinian-Israeli
conflict. At the same time, the Arabs unanimously declared an attack on Iraq
would be considered an attack against all Arab states. The killing of
Iraqis would result in even more virulent anti-American sentiment in the Arab
world. If Iraq responded by attacking Israel, a world war pitting all Arab
states against Israel and its supporters might well erupt. Moreover, an
invasion of Iraq could have a devastating effect on the U.S. economy. Saudi
Arabia, the world's largest supplier of oil, could lead the Organization of
the Petroleum Exporting Countries in an oil embargo, and the price of oil could
rise sharply, causing a recession. The CIA has been unable to link Iraq to the
Sept. 11 attacks. The alleged motivation for an invasion of Iraq is to destroy
its weapons of mass destruction. However, Scott Ritter, a former weapons
inspector in Iraq, has said that "there is absolutely no reason to believe
that Iraq could have meaningfully reconstituted any element of its WMD
capabilities," since the Iraqis never succeeded in weaponizing their
chemical and biological agents. Nor has Iraq developed nuclear capabilities. In
spite of UN Security Council Resolution 687, which calls for the creation of a
weapons-of-mass-destruction-free zone throughout the Middle East, the United
States ignores Israel's stockpile of nuclear weapons. Invading Iraq would also
violate international law. Under the UN Charter and Security Council Resolution
687, only the council is empowered to authorize the use of force in Iraq. No
mandate for an invasion of Iraq has been forthcoming from the Security Council,
whose veto-wielding members include Russia, China and France, all opposed
to military action against Iraq. A pre-emptive strike against Iraq could not be
justified as legitimate self-defense under the UN Charter, as Iraq has not
attacked a UN country. Nor could it be rationalized as a humanitarian
intervention. The precipitating factor for the Gulf War in 1991, Iraq's invasion
of Kuwait, is now absent. At the recent Arab summit, Iraq recognized Kuwait as
an independent state and vowed not to invade it again. Despite the tragic cycle
of violence in Israel, Bush has his sights set on Iraq. Five days after
being briefed on the Pentagon's war plan for Iraq, Bush effectively
jettisoned any chance of a U.S.-brokered Middle East peace by demanding
the ouster of Palestinian leader Yasser Arafat. The United States must help to
achieve peace in Israel, not seek to make war on Iraq. To do otherwise
will likely visit upon the United States precisely the terror it seeks to avoid.
Marjorie Cohn is an associate professor at Thomas Jefferson School of Law in San
Diego.