Authorization for Use of Military Force Against Iraq Resolution of 2002: Difference between revisions

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"Iraq Resolution" and "Iraq War Resolution" are popular names for the Authorization for Use of Military Force Against Iraq Resolution of 2002, a law passed by the United States Congress in October 2002, authorizing what was soon to become the Iraq War.

The resolution cited many factors to justify the use of military force against Iraq:

Iraq's noncompliance with the conditions of the 1991 cease fire, including interference with weapons inspectors.

Iraq's alleged weapons of mass destruction, and programs to develop such weapons, posed a "threat to the national security of the United States and international peace and security in the Persian Gulf region."

Iraq's "brutal repression of its civilian population."

Iraq's "capability and willingness to use weapons of mass destruction against other nations and its own people"

Iraq's hostility towards the United States as demonstrated by the 1993 assassination attempt of former President George H. W. Bush, and firing on coalition aircraft enforcing the no-fly zones following the 1991 Gulf War. -

Members of al-Qaeda were "known to be in Iraq."

Iraq's "continu to aid and harbor other international terrorist organizations," including anti-United States terrorist organizations.

The efforts by the Congress and the President to fight the 9/11 terrorists and those who aided or harbored them.

The authorization by the Constitution and the Congress for the President to fight anti-United States terrorism

Citing the Iraq Liberation Act of 1998, the resolution reiterated that it should be the policy of the United States to remove the Saddam Hussein regime and promote a democratic replacement.

The Resolution required President Bush's diplomatic efforts at the UN Security Council to "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions." It authorized the United States to use military force to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant United Nations Security Council Resolutions regarding Iraq." UN members commented it is not up to one member state to interpret and enforce UN resolutions. Subsequently Kofi Anan remarked that these arguments do not constitute the legal requirements set forth in the laws of war prohibiting wars of aggression.

Criticism

Weapons of Mass Destruction and Al-Qaeda

Further information: Iraq and weapons of mass destruction, Saddam Hussein and al-Qaeda, and Legitimacy of the 2003 invasion of Iraq

The principal arguments used to justify the invasion of Iraq — such as the possession of weapons of mass destruction and active links to al Qaeda — have according to official reports have been found to be incorrect. The Bush administration asserted that two small trailers which had been found in Iraq were "weapons factories," despite the fact that U.S. intelligence officials possessed evidence to the contrary at that time. A report by the Defense Department in 2007 conclusively stated the claimed working relationship with Al Qaeda did not exist, nor could any such link reasonably be suggested based on the then available evidence. The alleged contacts to al-Qaeda were in areas outside of Saddam Hussein's control, and the suggestion Iraq was involved in 9/11 was an allegation for which no evidence existed according to subsequent reports.

The Bush administration initially suggested this was due to failure by the intelligence community. However, it became apparent that, prior to the invasion, these arguments had already been widely disputed, which had purportedly been reported to the U.S. administration. An in-depth investigation into the nature of these discrepancies by the Senate Intelligence Committee was considered to have been frustrated.

The assertion such weapons posed a threat towards the U.S. was not supported by the available evidence at the time according to subsequent reports. Weapon inspectors were given access to the alleged weapon factories, despite statements to the contrary by the Bush administration. Continuing these inspections was made impossible by the U.S. led invasion of Iraq which forced the U.N. inspectors out while ignoring their requests for more time.

Skeptics argue that the administration knowingly distorted intelligence reports or ignored contrary information in constructing their case for the war. The Downing Street memo and the Bush-Blair memo are used to substantiate that allegation. Congressional Democrats sponsored both a request for documents and a resolution of inquiry.

U.N. Charter

Further information: Legitimacy of the 2003 invasion of Iraq and UN Charter

The UN Charter prohibits any war unless it is out of self-defense or when it is sanctioned by the UN security council. If these requirements are not met international law describes it a war of aggression. Article VI of the U.S. Constitution, Senate-ratified treaties such as the U.N. Charter are "the supreme Law of the Land." John Conyers, Robert Parry and Marjorie Cohn– professor at Thomas Jefferson School of Law, executive vice president of the National Lawyers Guild, and the U.S. representative to the executive committee of the American Association of Jurists – assert that the Iraq war was not a war in self-defense but a war of aggression contrary to the U.N. Charter (a crime against peace) and therefore a war crime. Also, Kofi Annan called the war in Iraq a violation of the UN Charter and therefore "illegal".

History

The authorization was sought by President George W. Bush. Introduced as H.J.Res. 114 (Public Law 107–243), it passed the House on October 10, 2002 by a vote of 296-133, and the Senate on October 11 by a vote of 77-23. It was signed into law by President Bush on October 16.