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US Policy and International Law 

And Now the Occupation *

By Matthew Rothschild
Editor - The Progressive

20/04/2003

Saddam Hussein's regime has collapsed. That is cause for rejoicing. Whenever a brutal dictator falls, the heart of liberty beats faster. And Saddam was one of the more brutal.

All of us who cherish freedom and despise oppression should be glad to see Saddam toppled from the world stage.

But that does not mean I have changed my mind on this war.

I remain convinced that this was an illegal and an unjust war.

Illegal because it violated the UN Charter, and in so doing, violated Article VI of the US Constitution, which makes treaties "the supreme law of the land."


The war violated Article VI of the US Constitution, which makes treaties “the supreme law of the land.”


Unjust because there was no casus belli, and because not all means to peacefully resolve the conflict--which, remember, was about weapons of mass destruction--had been exhausted.

I share the resentment that much of the rest of the world feels about Bush's cowboyishness.

And I remain convinced that Bush's messianic militarism will, at some point, blow up not only in his face but in the face of the American people.

The end (toppling Saddam) does not justify the means (a criminal aggressive war).

Nor was this an antiseptic war. US and British forces killed more than 1,100 civilians, by the conservative estimate of the group Iraq Body Count (iraqbodycount.net). And they mowed down tens of thousands of Iraqi soldiers, many of whom were poor conscripts. The number of injured Iraqis is also in the tens of thousands, as hospitals have been overrun with patients. For their part, US and British forces lost more than 130 soldiers and suffered about 1,000 casualties.


The end (toppling Saddam) does not justify the means (a criminal war).


Each of these casualties--whether American, British, or Iraqi--represents a nightmare for an entire family.

"Death, destruction, maiming, and lifetime trauma are the consequences of war," writes Cynthia Banas of Voices in the Wilderness and the Iraq Peace Team. "We have witnessed children frightened beyond their years, and have seen their mangled bodies in the hospital. War for them will never end."

Nor were the tactics of the US military honorable. The use of cluster bombs and depleted uranium shells, as well as the seemingly calculated killing of journalists, can never be justified.

Then there is the problem of the Iraqi occupation itself.

The raising of the American flag on the head of the statue of Saddam was just one symbol of the arrogance of the US occupation. Pictures of US soldiers sitting in the regal chairs in Saddam's palace are another.

Then there's the attitude of Deputy Defense Secretary Paul Wolfowitz, who likened Iraqis learning about democracy to kids riding a bicycle with training wheels.

On top of that, the United States has a fundamental obligation to ensure that Iraqis get adequate food, clean water, and medical treatment in a hurry. If the chaos in Baghdad and Basra are any indication, merely restoring order will be no easy task, much less caring for this country of 24 million people.

The Bush Administration has shown no interest in letting the UN take a lead role in the rebuilding and reconstituting of Iraq. Instead, Wolfowitz and Company want to do it themselves. According to Human Rights Watch, they even want to be able to impose the death penalty.

And the people Wolfowitz is appointing to run the show are hardly reassuring ones.

Ahmad Chalabi

Wolfowitz's handpicked Iraqi is Ahmad Chalabi, who hasn't been in the country for decades. He is a controversial figure in the Iraqi exile community. And he was convicted in Jordan in 1992 of 31 charges of embezzlement and misuse of funds while running the Petra Bank of Jordan, one of the country's largest. He was sentenced to 22 years in prison, but he skipped town before sentencing.

The American who will be heading up the occupation is Lt. Gen. Jay Garner (retired). Garner has been involved with the Jewish Institute for National Security Affairs, a rightwing, pro-Israeli military group in the United States. He signed a letter from the group two-and-a-half years ago that praised Israel's "remarkable restraint" in dealing with the Palestinians. To have a man running Iraq who so flagrantly sides with Ariel Sharon is not going to be an easy sell. In fact, it's a provocation upon a provocation. US support for Israel's ongoing illegal occupation is the biggest sore spot for the United States in the Arab and Muslim world. Garner's appointment only aggravates the problem.


Ahmed Chalabi, who hasn’t been in the country for decades, is a controversial figure in the Iraqi exile community. 


The US occupation, long term, is not a winning proposition. More suicide bombings against US troops there are likely. And resistance may come not so much from leftovers of the Baath regime but from Islamic fundamentalists or Iraqi nationalists who view the US military as intruders, as another colonial power.

If the war was not a "cakewalk," the occupation is certainly not going to be a picnic.

*This article was originally published in The Progressive.

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