Swiss
Legal Experts: War Violates International Law
Swiss Info. com
February 5, 2003 5:56 PM
As debate about the legality of a looming war in Iraq
intensifies, many Swiss academics argue that the only way to
ensure peace is through respect for international law.
In particular, they point out that the concept of "pre-emptive
self-defence", cited by the Bush administration as the
justification for war, is a fiction without a United Nations
mandate.
Daniel Thürer, professor of international law at the
University of Zurich, says the Iraqi conflict represents a
crucial test case for international law.
"If… a second Iraq resolution is passed which
authorises the explicit use of force this would be a
strengthening of international law," Thürer told
swissinfo.
However, he worries that the world's remaining super
power is in a position to unilaterally overturn international law
– although he hopes the US will "comes to its senses" early
enough.
"Material breaches"
International legal arguments have flourished in recent weeks,
after Washington declared the January 27 report by UN weapons
inspectors clear evidence that Iraq had failed to comply with
Security Council resolution 1441.
Resolution 1441, passed on November 8, 2002, requires Baghdad
to open Iraq to unimpeded weapons inspections and make a full
weapons declaration.
On Wednesday, the US secretary of state, Colin Powell, put
forward what the US claimed was conclusive evidence of Iraqi
"material breaches" against resolution 1441.
Thürer, although concerned about the threat of US
unilateralism, does not believe a go-it-alone approach by the
Bush administration would mark the end of international law.
Experts, such as Marcelo Kohen from Geneva's Graduate
Institute of International Studies, accuse the US of conducting a
"coup d'ètat against international law" –
something Thürer believes is overstated.
What's a UN resolution worth?
Much of the legal debate surrounding the Iraqi crisis centres
on questions about the value of UN resolutions in the post-Cold
War era.
Albert A. Stahel, professor of political science and strategic
studies at Zurich's Federal Institute of Technology, says
UN resolutions have only ever been worth as much as the big
powers choose to invest in them.
"Today's reality, however, is that there is only one
world power," Stahel told swissinfo.
While four other states hold a Security Council veto,
traditionally UN sanctions only succeed when the US is on
board.
"The Cold War was conducted with relatively few UN
resolutions, [largely] because of the balance of power that kept
the US and Soviet Union in check," Stahel says.
These days, there is no such counter-weight, ensuring that
resolutions require US backing.
"The exception is the Israeli-Palestinian conflict," he
says.
Europe split
One of the most striking consequences of Washington's
war strategy has been its impact on European unity.
Stahel criticises countries such as Britain, Spain and Italy
for backing the US position - irrespective of the consequences
for international law.
"[By contrast] France and Germany have made it clear that UN
inspectors should be given more time to do their job," Stahel
says.
Consequences for Switzerland
The Swiss position remains firmly opposed to a war, and the
government has made it clear that any military action should have
UN backing.
Victor-Yves Ghebali, from the Graduate Institute of
International Relations, says a US attack on Iraq without a full
UN mandate would push Switzerland back to its traditional stance
of neutrality.
"In this case, Switzerland would have every reason to stay out
of this war because it would be an illegal war," Ghebali told
swissinfo.
"I believe, however, that Switzerland's traditional
[foreign policy] is to side with those opposed to war in order to
distinguish itself from those who unquestioningly back the US,"
he adds.
War now inevitable?
Despite all the debate about international law and the conduct
of foreign policy, many observers now wonder whether war is
inevitable.
Heinz Krummenacher, from the Swiss peace foundation
swisspeace, believes war cannot be avoided, particularly given
the strategic importance of Iraq's oil reserves, "as well
as the president's hate-fueled words".
"Wars can be stopped…but not in this case,"
Krummenacher says.
"Mr Bush is on the wrath, while his whole entourage [of]
Cheney and Rumsfeld is set on war."
Swisspeace believes that dangerous assumptions have been made
about how a war in Iraq will be played out.
Much of it is based on the 1991 Gulf war, when US-led forces
expelled Iraqi troops from Kuwait within weeks – and
without significant Allied casualties.
This time around, things could be very different, he warns.
"There are positive as well as very negative scenarios,"
Krummenacher says.
"But if we could do it, the safest solution would be to avoid
this war."
swissinfo, Jean Michel Berthoud (translation: Jacob
Greber)
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