April 7, 2006

 

John,

 

I have decided just to get on with what I want to say and not answer

past issues point by point.

 

I am surprised by two things you wrote.  The first is the question of

whether President Bush ever said that Iraq posed an "imminent threat"

to the US during the lead up to the war.

 

I am surprised because it's the peace movement that should be making

the point that Bush never claimed an imminent threat -- not the other

way around.  The reason is simple.

 

Unless Iraq posed "an imminent threat," there is no international

legal justification for this war.  Our invasion and war is

unequivocally illegal.  Only if Iraqis were massed on our borders or

posed a similar, immediate threat could the US initiate military

action.  And then only until the UN could meet to consider the issue

and decide on a legal response.

 

That is, simply, what international law says.  It's called "jus ad

bellum" in legalese.

 

The point was made very clearly in the first Gulf War.  It is

universally acknowledged that the initiation of force by the U.S. in

1991 was a lawful act because the UN Security Council had met and

authorized the use of force (for the sole purpose of removing Iraqi

troops from Kuwait).

 

You have mentioned that you are a "news junkie" of sorts.  (Not your

term but you spoke of listening a lot to news shows and commentary.)

If you listen to ANY of our mainstream media have you ever heard the

question of the illegality of the US invasion discussed?  Very much?

 

By the way, I'll just add that the question of whether Iraq had WMDs

or not doesn't matter to the legal argument.  Even if they did posses

them, the US would still need to show that Iraq posed an imminent

threat.  The reason is obvious: otherwise any country could start wars

with any other by saying they were worried that the other might some

day have bad future plans.

 

In 1945 we were a major force at Nuremberg and in the creation of the

UN; the goal was to "end the scourge of war."  Here is what the

Nuremberg Charter says: "To initiate a war of aggression... is not

only an international crime, it is the supreme international crime,

differing only from other war crimes in that it contains within itself

the accumulated evil of the whole."

 

While the first Gulf War was legal, from the start this 2nd war was an

illegal war of aggression.

 

 

The second thing that surprised me was your comment regarding all the

deaths that were taking place in Iraq because you figured that the UN

must have been aware of the situation.

 

Of course they were!

 

My friend Hans von Sponeck, whose papers I sent you, was so aware of

the situation -- of the deaths of so many children due to bad water,

compounded by malnutrition -- that he regularly called it to the

attention of the UN Security Council (as often as the US allowed him

to).

 

His predecessor did exactly the same thing.  But what could they do.

Everyone who knows the very least about the UN knows that the US

essentially runs the show.  Madeleine Albright  famously said that the

UN is an instrument of US policy: "We'll use it when we want to and

ignore it when it suits us."  (That's years before John Bolton came on

the scene at the UN.)

 

Simply put: UN sanctions on Iraq could not possibly end until the US

wanted them to end.

 

The US has veto power in the UN SC; it would take another resolution

to declare Iraq free of WMDs and therefor to end the sanctions.  The

US had already declared publicly that we'd never let that happen --

not until Saddam Hussein was gone.  Although Bush the father and James

Baker said that, I'll again quote Madeleine Albright.  At Georgetown

University she said, "The US disagrees with those countries who say

the sanctions should end if Iraq is disarmed."

 

Now what the US was saying is simple: We don't care what the UN

resolution which created the UN sanctions says; we will do what we

want and disregard the legal, binding meaning of the resolution which

specifies when sanctions must end.  We will do this because we can;

there is no independent jurisprudence to oversee what the member

states in the UN SC do.

 

(There needs to be an independent international court to oversee the

legality of the actions of the UN SC and to determine if they violate

the very Charter of the UN.  This would be much the same as the

purpose of the US Supreme Court and the US Constitution.  If such a

court existed, then I believe it would have found -- as did the UN

Subcommission on Human Rights -- that UN sanctions on Iraq are

"unequivocally illegal under international humanitarian law.")

 

Again I'll ask you the question about what you hear on the mainstream

news: Did you know that Denis Halliday, the first UN head of the

oil-for-food program, resigned his 30-plus-year career at the UN to

condemn the US role in using sanctions as a weapon of destruction?  He

actually says that what the US and the UK did to the Iraqi people

constituted genocide.

 

When Denis resigned, The Seattle Times covered his resignation in 49

words!  That's all.

 

And his successor, Hans von Sponeck, did exactly the same thing after

he could not get the UN SC to change its policy because of the US.

James Rubin, State Dept. Spokesperson, is famous (at least in my book)

for saying publicly that Mr. von Sponeck should keep his mouth shut

and just do his job.  (He later sent a fax saying this was only

official criticism, not a personal one; Hans wrote back he couldn't

understand what Rubin was trying to tell him!)

 

So of course the UN knew what was going on.  And the US knew what was

going on.  And the US continued to use the sanctions to try to force

regime change.  That was the policy -- as stated right from the

beginning -- by our presidents and secretaries of state, and publicly

repeated in our newspapers and by our international-policy pundits on

radio and TV.

 

Simply by paying attention to these public declarations, I could say

to the 700 people filling Trinity United Methodist Church on January

3, 2003 -- 2-1/2 months before the war began -- that: "This has never

been about weapons of mass destruction, it has always been about

regime change."  I was right.  And Scott Ritter was right: Iraq had

been disarmed for years.

 

The terrible part of this has been what the Iraqi people have suffered

during 12 years of economic sanctions and now three years of

occupation.  It goes back to the way the US waged the Gulf War in

1991.  We planned it to "make life uncomfortable for the Iraqi people

to soon encourage them to remove President Saddam Hussein from power."

(NYT, 3/91)

 

Even if you might wish to argue that electricity is a military target,

the laws of war that apply once you are in a war require you to act

with proportionality and discrimination in how you wage the war.

That's called "jus in bellum."  In other words, it is a war crime to

bomb an entire city and kill a 100,000 civilians in order to destroy a

small military garrison that's nearby.

 

If you follow the link at concernforiraq.org/infrastructure to the

Col. Kenneth Rizer article in the official USAF journal, you'll see

that he brags that we DID kill 100,000 Iraqi civilians -- through our

attacks on "dual-use" infrastructure; and that's good because it

"undermines their morale."

 

Also, what can you imagine that isn't "dual-use"?  Water and sewage

are used by the military as well.  So are food depots.  So are

hospitals.  The requirement is to consider the proportion of military

benefit to civilian destruction.  If we applied that rule we would

have bombed a few high-tension lines (even just shorted them out with

aluminum streamers) and done so at much less risk to our pilots who

had to fly into the greatest concentration of AAA fire at the plants.

 

Instead we bombed to do the greatest damage.  There were 13 separate

bombing runs completely demolishing the Al-Hatha electrical-generating

plant, the largest plant in Southern Iraq.  Col. John Warden III is

quoted as saying we did this for the "long-term leverage" it created.

"Get rid of Saddam Hussein and we'll repair your electricity," he

said.

 

Col. Warden's statement -- and the statement of the other planner who

said, Of course we knew what taking out electricity would do to the

water and sewage: We did it to "accelerate the effect of the

sanctions" -- these two quotes (concernforiraq.org/infrastructure) are

remarkable.

 

They are a clear admission that we bombed to deny Iraqi civilians what

Warden calls "organic essentials" (in his USAF article linked there as

well).  And what one can simply call civilian life-supporting needs.

Col. Warden is called the architect of the bombing strategy.  His job

is to "bend the enemy" to our wishes.  But if the means of doing that

kills 100,000s of kids, then it is a clear violation of the rules of

war -- of "jus in bellum" -- and it is a war crime.

 

I think that's my best statement of how I understand the central

issues.  Sorry it's taken a while.

 

Bert

 

 

ITEM 1:  Declaration of WAR

 

Unless Iraq posed "an imminent threat," there is no international

legal justification for this war.  Our invasion and war is

unequivocally illegal.  Only if Iraqis were massed on our borders or

posed a similar, immediate threat could the US initiate military

action. 

 

Even if they did posses them, the US would still need to show that Iraq posed an imminent threat.  The reason is obvious: otherwise any country could start wars with any other by saying they were worried that the other might some day have bad future plans.

 

While the first Gulf War was legal, from the start this 2nd war was an

illegal war of aggression.

 

Legal or Illegal War:  The basic fallacy I find with your position is that international law does not exist . . . except to whatever level each nation allows it to govern their actions, and even then it can be ignored at the drop of a hat.  Our Congress voted for a regime change in Iraq during the Clinton Administration.  Prior to our recent invasion of Iraq, President Bush was told to get another approval from Congress – even though he already had it.  He did go back to Congress and they overwhelmingly voted approval.  Pres. Bush was told to go to the U.N. before invading Iraq.  He did, and they voted unanimously in favor of Resolution 1441, which warned Saddam to come clean on his weapons of mass destruction (WMDs) or “there would be dire consequences.”  Saddam chose to ignore the warnings.  [It doesn’t make any difference if Scot Ritter, you, or half the people in the world were right.  The security agencies of the world believed that Iraq had WMDs, as demonstrated in the unanimous vote on 1441.]

 

Imminent Threat:  Any intelligent leader doesn’t allow a situation to rise to the level of being an imminent threat.  Action, diplomatic and then military (if necessary), must be taken before the citizens of the country are placed at risk.  Iraq signed a peace treaty with the US at the end of Gulf War I, and then violated it for the next dozen years, including attacking our warplanes on an almost daily basis.  Saddam had WMDs at one time, and used them against Iran and his own people, so there was a basis for believing that he still had them.  Iraq was engaging in international terrorism, harboring terrorists (including Zarqawi), they had tried to assassinate former Pres. Geo H W Bush, and they supported a Jihad that declared war on Christianity.  This is overwhelming evidence that Iraq was a growing threat to the United States. 

 

Item #2: International Law.  There needs to be an independent international court to oversee the legality of the actions of the UN SC and to determine if they violate the very Charter of the UN. 

 

Are you really ready to swear allegiance to the UN, and to substitute international law for US Constitutional law???  I am not.  The UN recently assigned Iran to the Sub-commission limiting the spread of nuclear weapons.  In the recent past, they assigned two countries to the Human Rights Sub-commission that were grossly in violation of human rights.  And look at the genocide that they allow to take place in Africa.  I was strongly in favor of the UN when it was first formed, but I have been extremely disappointed. 

 

 

 

Item #3:  Bombing of Electrical Power Plants

 

Col. Kenneth Rizer article in the official USAF journal, you'll see

that he brags that we DID kill 100,000 Iraqi civilians -- through our

attacks on "dual-use" infrastructure; and that's good because it

"undermines their morale."

 

I read it, but I did not see evidence of bragging.  I saw it as a simple statement of fact in raising the question: Should dual-use targets be attacked??? 

 

It has been my observation that long wars cause many more deaths than short wars (of course, with the exception of an all-out nuclear war).  A second observation is that war planners favor strategies that minimize casualties on their own side.  If we can accept these observations as truths, then one could expect that initial strikes are going to target electrical power plants because they supply command and control centers, radar, and anti-aircraft defense systems.  The secondary effects of losing electrical power are the impact on the civilian population, as you have discussed in great length.  These secondary effects are thought to be demoralizing, and this too, can play a roll in shortening the war.

 

I am sure we can both go on in great detail about what we should have and should not have bombed during both Gulf Wars.  I can see advantages on both sides of the issue.  It is my understanding that our strategy was different during the 2nd war because we were trying to minimize the loss to the Iraqi infrastructure. 

 

The terrible part of this has been what the Iraqi people have suffered

during 12 years of economic sanctions and now three years of

occupation.  It goes back to the way the US waged the Gulf War in

1991.  We planned it to "make life uncomfortable for the Iraqi people

to soon encourage them to remove President Saddam Hussein from power."

 

Perhaps what we should be debating is whether we should have taken out Saddam in Gulf War I.

 

Even if you might wish to argue that electricity is a military target,

the laws of war that apply once you are in a war require you to act

with proportionality and discrimination in how you wage the war.

That's called "jus in bellum."  In other words, it is a war crime to

bomb an entire city and kill a 100,000 civilians in order to destroy a

small military garrison that's nearby.

 

Yes, but that doesn’t represent the situation nor our action.

 

If we applied that rule we would have bombed a few high-tension lines (even just shorted them out with aluminum streamers) and done so at much less risk to our pilots who had to fly into the greatest concentration of AAA fire at the plants.

 

If their high-power lines have any form of protection (1930s technology), shorting them out could still allow some defensive facilities to continue operation.  If my sons were involved in the attack, I would want the power plants taken out.