WASHINGTON March 22 —
The Bush administration says the war in Iraq is lawful, an
assessment disputed by many skeptical foreign leaders and
international law scholars.
It is a a debate that U.S. officials hope will subside once
Saddam Hussein is toppled and a new government in power.
But the criticism is just as likely to intensify if the war is
prolonged and if there are many civilian casualties.
Television images beamed around the world of the massive American
aerial bombardment of Baghdad, showing dozens of buildings going up
in flames, probably did not help the U.S. case in the court of
public opinion, analysts suggested. Nor did pictures of angry Arabs
protesting in the Middle Eastern, screaming "Death to America," or
images U.S. troops briefly raising the American flag over a seized
Iraqi city.
The administration says Iraqis will be better off once Saddam is
removed and insists that its cause is just. Convincing the rest of
the world that the U.S. and British-led war is both just and lawful
is a hard sell.
"Without corresponding resolutions of the U.N. Security Council,
this occupation will be illegal," Russian Foreign Minister Igor
Ivanov told Russian lawmakers last week as U.S. and British troops
crossed into Iraq.
Diane Orentlicher, professor of international law at American
University, said that "most of the world believes that the war does
violate international law."
Even so, the dynamics changed dramatically once bombs began
falling, Orentlicher said. "It's not in anybody's interest to
challenge a decision that's already been made, when there's no
possibility for changing it," she said. "At this point, I think most
countries see their common interest is in not having a long, bloody
war."
The war can win belated international legitimacy, particularly if
Iraq is found to have weapons of mass destruction as the
administration contends, some analysts say.
That could turn public opinion in Washington's favor if
accompanied by a military campaign "that goes relatively quickly and
with low numbers of casualties," said Kurt Campbell of the Center
for Strategic and International Studies.
The United States argues that U.N. resolution 1441, passed
unanimously in November, provided sufficient authority for the
U.S.-led war. That resolution threatened Baghdad with "serious
consequences" if it failed to show it had handed over or destroyed
its weapons of mass destruction.
Facing threatened vetoes by permanent Security Council members
France and Russia, the United States and allies Britain and Spain
withdrew a second resolution that would have given U.N. approval for
the use of military force.
President Bush signaled that he did not want to waste time in
debating the nuances of international law. "It is not a question of
authority, it is a question of will," he told the nation.
The U.N. charter authorizes the Security Council to permit force
"to maintain or restore international peace and security." It also
allows nations to use force individually in cases of self-defense
against an armed attack or against an imminent attack.
Critics of the war and some legal scholars argue Iraq did not
pose such a threat to the United States.
Bush threatened war-crimes prosecution for Iraqi soldiers who
followed illegal orders, but failed to grasp that the war itself
violates international law, said Philip Alston, a law professor at
New York University and former U.N. human rights official.
"It opens the door for every country to take the law into its own
hands and launch pre-emptive military strikes without any
universally binding restraints," Alston said.
The administration rejects such notions and says its position
will be validated by both law and history.
"You're going to find the historians, legal scholars will have
differing conclusions about these matters," said White House
spokesman Ari Fleischer. He also said Bush decided to use force
after concluding that "Iraq's failure to disarm presented a threat
to the people of the United States."
EDITOR'S NOTE Tom Raum has covered Washington for The Associated
Press since 1973, including five presidencies.
photo credit
and caption:
A U.S. Marine from the15th
Marine Expeditionary Unit is silhouetted in the sunset in a
section of southern Iraq's desert Saturday, March 22, 2003.
(AP Photo/Itsuo Inouye)
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