It really doesnt matter whether U.S. military
forces now find weapons of mass destruction in Iraq or
not. From a moral standpoint, its too late for
that.
As everyone knows, in the run-up to the invasion of Iraq,
President Bush provided several justifications for the
invasion, and people were free to select the one that
most appealed to them. Lets examine the most
important justifications that the president provided us.
Justification One and Justification Two were closely
related and were the ones that were incessantly pounded
into everyones head for about a year the
so-called need to disarm Saddam Hussein of his weapons of
mass destruction (WMDs).
Justification One related to Iraqs supposed breach
of UN resolutions that prohibited him from possessing
WMDs.
Justification Two related to the U.S. governments
right to initiate a preemptive attack in
response to what Bush described as an
imminent attack that Iraq intended to launch
on the United States with WMDs.
There was one big problem with Justification One: Only
the United Nations, as an organization, has the authority
to enforce its own resolutions. If the organization
chooses not to enforce its resolutions, which it often
does, that is its prerogative. As a member nation of the
UN, the United States has no right to unilaterally
enforce the organizations resolutions, even if it
believes that the UN is acting irresponsibly
in refusing to enforce them.
Ironically, in the aftermath of its invasion of Iraq, the
United States now finds itself in the same position the UN
was in before the invasion was initiated serving
as an international inspection team desperately scouring
Iraq, searching every nook and cranny of the country, in
the hope of finding some WMDs that might justify its
invasion ex post facto. But with one big difference:
While the United States inspects Iraq, thousands of
people are dead or maimed today who were alive and whole
several weeks ago when the UN was doing the inspecting.
Wouldnt it have been easier to have simply added U.S.
officials to the UN inspection teams? Didnt Iraq
invite CIA officials to join the inspection teams?
Nevertheless, keep in mind that the purpose of the war
was never to execute a nationwide search warrant on Iraq
in the hope of doing a better job of inspecting the
country than UN officials were doing. It was to
disarm Saddam of WMDs that President Bush was
certain existed. The purpose, he said, was to
push out the UN inspectors so that U.S. military forces
could immediately head to the sites where the weapons
were, so that the United States could disarm
Saddam, a purpose that was not achieved.
Justification Two the concept of a preemptive
attack was advanced in order to keep America from
being placed in the position of an aggressor nation
that is, a nation that attacks another nation
unjustifiably, such as Iraqs invasion of Kuwait in
1991 or Germanys invasion of Czechoslovakia and
Poland in 1939.
The concept of preemptive attack holds that if one nation
is about to attack another nation, the defender has the
right to attack first a preemptive attack. For
example, if hundreds of thousands of Chinese military
forces were massing on the Mexican border, Chinese ships
were 30 miles from Americas east and west coasts,
and Chinese officials were making public statements about
the need for a regime change in the United
States, most people, I believe, would agree that the U.S.
government would be acting within its rights to initiate
a preemptive strike on the Chinese forces.
Was Iraq about to initiate an imminent attack on the
United States, with or without WMDs? Despite the horrible
fear of Saddam Hussein that U.S. officials engendered in
the American people in the year leading up to the
invasion, it is clear in retrospect that those fears were
absolutely groundless.
As everyone knows, U.S. officials are trumpeting their
quick military success against Iraq as proof that the
president was right in ordering the invasion of Iraq. But
military victory over Iraq was never the issue, was it?
The issue was always a moral one: Should the United
States join the historical ranks of aggressor nations,
even if it is able to do so quickly and with minimal
casualties?
And that issue whether the United States should
join the ranks of nations that had waged wars of
aggression turned not on military victory but on
whether the United States had initiated the war.
After all, lets not forget that from a military
standpoint, Iraqs invasion of Kuwait in 1991 and
Germanys invasion of Czechoslovakia and Poland in
1939 were as quick and successful as the U.S.
governments recent invasion of Iraq. Yet those
stunning military successes did not alter the wrongful
nature of their attacks.
The same principle holds true with respect to acts of
bravery or heroism that individual soldiers have
displayed on the battlefield during the course of the
war. Such acts cannot convert a war of aggression into a
just war. After all, many German soldiers in World War II
fought with great courage but that did not mean that the
war their government was waging was a just one.
Was the United States in danger of an imminent attack by
the military forces of Iraq, justifying a preemptive
strike? Now that war fever is dissipating from the minds
of the American people, the rational mind can reach one
and only one conclusion: the president
misled the American people, either accidentally or
intentionally, when he said that he was
certain that such an attack was about to take
place. The United States was never at risk of suffering
an imminent attack from Iraq, either with weapons of mass
destruction or conventional weapons.
At the risk of belaboring the obvious, Iraqi military
forces were in no position to mass at the Mexican border
or on American seacoasts. In fact, the truth is that
after the devastation associated with some two decades of
warfare and economic sanctions, the Iraqi army would not
have even been a match for the Mexican army. Moreover,
Iraq lacked the airplane or missile capability of sending
WMDs to the United States.
Keep in mind that the issue with respect to Justification
Two is not whether Iraq possessed WMDs that issue
related to the UN resolutions, which only the UN has the authority to
enforce (Justification One).
The issue with respect to Justification Two was whether
Iraq was about to attack the United States with WMDs,
which would have justified a preemptive strike.
But Saddam might have been able to obtain the
necessary technology in the future to accomplish such an
attack, or he could have given the WMDs to terrorists to
bring to the United States. Might have been and
could have been. But those are different concepts from
imminent attack. And might have
been and could have been do not justify
a preemptive strike or a war of aggression. Only an
actual attack or the threat of an imminent attack could
morally justify a U.S. attack on Iraq, and Iraq never
fell into either category.
Justification Three was the one that was submitted at the
very last minute, apparently a hedge in the event that
WMDs could not be quickly found: the purpose of the
invasion was to liberate the Iraqi people
from Saddam Husseins tyranny and to impose
democracy in Iraq.
There are several big problems with Justification Three,
however. Attacking a sovereign nation for the alleged
purpose of freeing its people from tyranny and imposing a
new political system does not remove the war from the
category of a war of aggression. After all, what war of
aggression couldnt be justified on that basis? When
Germany invaded Czechoslovakia and Poland, its declared
justification was to free the Germans living in those
countries from the tyranny of the Czech and Polish
governments. When Germany invaded the Soviet Union in
1941, one of its declared purposes was to
liberate the Russian people from communist
tyranny.
Moreover, from a moral standpoint, where is the
justification for an external power to wage war on a
foreign country for the purpose of freeing its citizens
from the tyranny of their own government, especially when
a natural consequence of the war is going to be the
deaths of thousands of innocent people, including
ordinary soldiers who will be killed in battle?
Shouldnt the issue of freedom and tyranny be
decided by the people within that country rather than by
a foreign government? After all, as Jefferson pointed out
in the Declaration of Independence, oftentimes people
will choose to suffer terrible tyranny because they feel
that the consequences of violent revolution are worse, in
terms of death and destruction.
Despite the fact that Eastern Europeans and East Germans,
who were liberated by the Soviet Union in
World War II, suffered for some 45 years under cruel and
brutal communist tyranny, they were finally able to free
themselves peacefully. Whos to say that
they would have been better off with the bombs, missiles,
death, and destruction that would have come from a
so-called war of liberation? What would have been morally
wrong with according the people of Iraq the opportunity
and respect to make the same choice that Eastern
Europeans and East Germans were given?
Furthermore, while pro-war supporters seem to have
embraced Justification Three in the wake of the
presidents failure to disarm Saddam
(Justifications One and Two), that doesnt
necessarily mean that what truly motivated U.S. officials
was a deep and profound commitment to freedom
and democracy for the Iraqi people.
Keep in mind the U.S. government has been the principal
enforcer of the UN sanctions under which the Iraqi people
have suffered for some 12 years. Even while U.S.
officials are now calling for the lifting of the
sanctions in conjunction with placing control of
Iraqs oil in the Iraqi peoples hands, there is no remorse,
no
regret, no pain over the terrible suffering those
sanctions have caused, including the deaths of an
estimated half a million Iraqi children. If such
callousness and indifference to Iraqi suffering guided
U.S. policy for more than a decade, one might be forgiven
for viewing the U.S. governments recently found
commitment to freeing the Iraqi people with
some degree of skepticism.
Keep in mind also that, contrary to our Founders and
ancestors, a terrible anti-immigrant mindset guides
modern-day U.S. officials. Thus, the tragic irony:
We love you so much that were going to invade
your country to free you, even though this will wreak
much death and destruction for you, your families, and
your country. Yes, it might have been better if we had
simply let you escape tyranny and come to live with us in
America, which was the policy our American ancestors
followed, but that would mean that you would live among
us, and we certainly could never degrade ourselves to
that extent.
Furthermore, what has historically characterized the U.S.
governments interventionist foreign policy has not
been freedom or democracy for people living in foreign
lands but rather the installation of puppet regimes,
democratically elected or not. Thats why U.S.
officials helped to oust democratically elected leaders
in Chile and Iran in favor of brutal dictators who did
the bidding of Washington officials. Thats also why
U.S. officials overlook the absence of democracy in such
countries as Pakistan, Kuwait, Jordan, and Saudi Arabia.
Justification Four was that there were links between
Saddam Hussein, Osama bin Laden, and the September 11
terrorist attacks. What was fascinating about the
presidents use of this justification was that it
caused an extraordinarily large number of Americans to
believe that Iraqi pilots were among those who hijacked
the September 11 planes, which lacked any factual basis
whatsoever. If nothing else, the use of Justification
Four proves that the minds of Americans are as malleable
under a barrage of government propaganda as those of
foreigners have proven to be.
In any event, with respect to Justification Four, it goes
without saying that a false justification does not remove
the invasion from the category of a war of aggression.
Justification Five was the one that was provided long
before the September 11 attacks the need for a
regime change in Iraq. Such a justification
cannot, however, remove the stigma of a wars
being labeled a war of aggression. After all, didnt
Germany and Iraq justify their invasions in 1939 and 1991
with the need for regime change in the
countries they invaded?
In sum, Justification One falls by the wayside because
the United States, as simply a member of the UN, had no
authority to enforce UN resolutions requiring Iraq to
destroy its weapons of mass destruction. Justification
Two falls by the wayside because the United States was
not under threat of an imminent attack by Iraq.
Justifications Three, Four, and Five fall by the wayside
because, under international law and the war-crime
principles established by the Nuremberg War Crimes
Tribunal, invading a country for the purpose of
freeing the people from tyranny or
regime change or for false reasons cannot
and do not remove the invasion from the
ranks of a war of aggression.
Finally, it should be reemphasized that under
Americas unique system of constitutional
government, only the U.S. Congress, not the president,
has the power to declare war and that the president is
precluded from waging war in the absence of such a
declaration. Thus, since the Congress never declared war
on Iraq, not only was the U.S. governments war on
Iraq a war of aggression, it also was unlawful under our
form of government.
Even as most Americans embrace their governments
invasion of Iraq, even while blocking out of their minds
the deaths and injuries of thousands of innocent people,
it is likely that they still have not fully processed the
true meaning of what has happened that our
governments invasion of Iraq has now squarely
placed our nation in the historical ranks of aggressor
nations and that that achievement has
profound ramifications for our country, not only
politically and economically but morally and spiritually
as well. Not the least of these ramifications is the
ever-present danger that the president and the U.S.
military-industrial complex can now trap the American
people into supporting all future U.S. wars of aggression
under the rubric, You might not agree with the
presidents decision to go to war but dissent is
wrong during wartime and you now need to support our
troops.
Our job is to continue battling for the hearts and minds
of our countrymen with our principles, ideas, and ideals,
with the ultimate aim of rejecting the alien ideas that
now hold our nation in their grip and restoring the
principles that guided the founding of our nation
the principles of individual freedom, free markets, limited government,
noninterventionism, and republic of our
Founders and ancestors.
Mr. Hornberger is founder and president of The
Future of Freedom Foundation.
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