U.N. leader calls Iraq war
illegal
baltimoresun.com
By Mark Matthews
September 16, 2004
WASHINGTON -- United Nations Secretary-General Kofi Annan said
for the first time Thursday that the Iraq war was "illegal"
because the United States and its allies failed to win explicit
authorization from the Security Council before invading Iraq to
topple Saddam Hussein's government last year.
Annan's opinion was quickly rejected by the United States and
two of its key allies, Britain and Australia. But it nevertheless
roiled the debate about President Bush's justification for the
war on a day when the White House was stung by the leak of a
bleak intelligence outlook for Iraq's near-term future.
The White House struggled to play down the intelligence
report, which warns of further deterioration -- and even a
possible civil war in Iraq -- before the end of next year.
The 50-page report, prepared for Bush in late July, said that
at best, Iraq could achieve a tenuous stability by the end of
next year. It envisions two dark scenarios: more extremism and
fragmentation that impede efforts to build a democracy, and
movement toward civil war among Iraq's Shiite and Sunni Muslims
and Kurds.
In a British Broadcasting Corp. interview aired early
yesterday, Annan said, "I hope we do not see another Iraq-type
operation for a long time," referring to a war the Bush
administration launched, as Annan put it, "without U.N. approval
and much broader support from the international community."
Asked if the war was illegal, Annan replied, "Yes, I have
indicated it is not in conformity with the U.N. charter, from our
point of view and from the charter point of view it was
illegal."
'Material breach'
The Bush administration has long asserted that a resolution
the Security Council adopted on Nov. 8, 2002, gave the United
States all the authority it needed under international law to go
to war.
That resolution found Iraq in "material breach" of its
obligations to the United Nations by failing to cooperate with
inspectors who were looking into Baghdad's efforts to develop
chemical, biological and nuclear weapons. The resolution warned
of "serious consequences" if Iraq ignored its last chance to
comply. At the time, U.S. officials said they regarded "serious
consequences" to mean military action.
The next March, just before the invasion, the United States
and Britain failed to line up the nine Security Council votes
needed for an explicit authorization for war. Others on the
council, particularly France, Russia and Germany, insisted that
the inspectors needed more time to determine whether Iraq was
trying to defy the United Nations and hide its banned
weapons.
Since the war, no chemical or biological weapons have been
found, indicating that U.S. prewar intelligence was wrong.
Annan, who weighs his words carefully but also has a
reputation for speaking his mind, has never made a secret of his
belief that a second U.N. resolution was needed to authorize war
against Iraq. But Thursday was the first time he has referred to
the U.S.-led war as "illegal."
The American ambassador to the United Nations, John C.
Danforth, said later, "We don't agree with the secretary-general
on this point."
Noting that Iraq had defied 16 Security Council resolutions
and that the council in November 2002 found Iraq in violation
again of demands that it disclose its weapons program, Danforth
said:
"It seems to me that it would undercut the rule of law had
there been no action, had we just said, 'Well, so we passed
resolutions, but they're so much waste paper.'"
Bush, campaigning in Minnesota, did not comment directly on
Annan's remarks. But the president restated his belief that the
removal of Hussein was worthwhile even though no weapons of mass
destruction have been found.
Referring to the unanimous Security Council vote threatening
Iraq in November 2002, Bush said, "They voted by 15 to nothing in
the U.N. Security Council for Saddam Hussein to disclose, disarm
or face serious consequences. I believe when bodies say
something, they better mean it."
"Knowing what I know Friday, even though we haven't found the
stockpiles of weapons we thought were there, I'd still make the
same decision. America and the world are safer with Saddam
Hussein sitting in a prison cell."
Allies defend war
The British and Australian governments also disputed the
secretary-general's assertion. The office of Britain's Prime
Minister Tony Blair referred to an opinion from the British
attorney general, Lord Goldsmith, arguing that the war was
sanctioned under international law.
Goldsmith stated that the November 2002 resolution found that
Iraq remained in defiance of previous resolutions. Those included
a 1991 resolution authorizing U.N. members to go to war against
Baghdad to restore peace and security to the region.
Prime Minister John Howard of Australia, which, like Britain,
has contributed forces for the war, said, "The legal advice that
we had was that the action was entirely valid in international
law terms."
The issue of the war's legality under international law has
been a growing one overseas, particularly in Europe, where
opposition to the U.S.-led invasion was always stronger than in
the United States. Debate in the United States has focused more
often on Bush's use of flawed intelligence assessments to gain
Congress' authorization for the use of force.
Sen. John Kerry voted in favor of the authorization. But he
says he would not have gone to war without first generating more
international support.
In the BBC interview, Annan expressed doubt that Iraq would be
able to hold free and fair elections as planned by Jan. 31 if the
current level of violence persists.
"You cannot have credible elections if the security conditions
continue as they are now," Annan said. The United Nations is
helping Iraqi authorities try to prepare for elections but has
sent only a skeletal team into Iraq, noting the security
risks.
The White House, meanwhile, sought to downplay the pessimistic
intelligence report on Iraq's future. Acknowledging that the
document projects "great challenges" ahead in Iraq, Scott
McClellan, Bush's spokesman, said, "The Iraqi people are proving
that those -- those scenarios are wrong by the progress that they
are making to build a better future, and the coalition is there
helping them as they do so."
The report, called a National Intelligence Estimate, is the
first formal assessment of Iraq since October 2002, when the U.S.
intelligence community erroneously concluded that Iraq still had
chemical and biological weapons. Intelligence officials have
vowed to improve intelligence gathering and analysis.
Highlights of the report were first disclosed by The New York
Times, whose description was confirmed to The Sun by a senior
administration official.
'World of spin'
Seizing on the gloomy intelligence outlook to attack Bush's
handling of the war, Kerry accused the president in a speech of
"living in a fantasy world of spin" and of failing to give the
American people a true picture of events in Iraq.
Bush, on the campaign trail, said, "In Iraq, there's ongoing
acts of violence," but stressed that "this country is headed
toward democracy."
"Freedom is on the march," the president said.
baltimoresun.com (TM) and sunspot.net (R) are copyright ©
2004 by The Baltimore Sun.
|