GUEST COMMENTARY
Is the Iraq War Illegal?
Milo Yoshino of the Diablo Valley JACL chapter posed a thoughtful question in regards to whether this "war is still illegal given that the United Nations has passed multiple resolutions ... [and] after the government has asked for assistance." (Pacific Citizen, Nov. 16-Dec. 13, 2007, page 7)
Is the war illegal? Before answering this question, it is essential to divide up this conflict into: 1) the invasion and toppling of the former regime, and 2) the subsequent occupation of Iraq by American troops.
There can be no doubt that according to the UN Charter which forbids preventative wars and regime change, the invasion of Iraq was unlawful on its face. Is outlawing pre-emption fair? Absolutely - there is nothing that prohibits a nation from having a very strong defense. Moreover, nothing in the Charter prohibits a nation from retaliating after being attacked (which we were not as stated unequivocally and after-the-fact by the Bush Administration).
Ultimately, this law was established to protect the weak from the powerful, which left unaccountable, can invent any rationale for an invasion and occupation like Hitler did with Poland.
Next, is the occupation illegal? That would depend on who you ask. For supporters of continued involvement, the answer is no - American troops are protecting us against international terrorism and the Iraqis have requested our help; we have a legal mandate granted by the same institution that we ignored and de-legitimized by invading in the first place.
On the other hand, if you ask the Iraqis themselves (who make up the vast majority of the anti-American insurgency and not Al Qaeda) - as a democratic people, they may have an entirely different answer.
Although the U.S. has a mandate, it has continually violated the terms in which it must occupy and protect the people according to international laws. Numerous prominent NGOs in the country, including Iraqi lawmakers, have cited the American military's repeated violations of these laws and appealed to the UN to repeal this mandate.
Not only have these actions contributed to the overall instability but as an August 2007 poll conducted by the BBC, ABC, and NHK found, 79 percent of Iraqis opposed "the presence of coalition forces in Iraq," while 72 percent felt that "the presence of U.S. forces in Iraq" was "making security in our country" worse.
But is the occupation legal today? Members of the Administration might like to think so because it provides cover for privatizing the country's oil reserves (evident in the proposed oil law that was written by an oil executive working in the White House) and pleases ideologues who believe in American military domination of the Middle East.
Prime Minister Nouri al-Maliki might like to think so because he requires American troops to prop up his weak and corrupt executive branch. The Iraqi legislative body or the elected representatives of the people might disagree however.
In 2006, Maliki requested the renewal of the UN Mandate without consulting with and gaining the approval of two-thirds of the parliament as required by the Iraqi Constitution. Outraged, a majority of Shiite and Sunni lawmakers joined together this past June and passed a binding resolution to affirm this constitutional provision.
Thereafter however, this resolution was not only ignored by Maliki, the Bush Administration, and mainstream American media, but by UN Secretary General Ban Ki Moon - even after a letter signed by a majority of Iraqi parliamentarians was sent to convince him otherwise.
If Iraq's Ministers of Parliament are ever given their day in assembly, it is certain that a majority will vote for a timetable for withdrawal as a precondition to any renewal as they did in a non-binding resolution this past May. If they are denied a voice, it can be rest assured that with the majority of Iraq's elected officials cut out of the deliberative process and by extension a majority of the people, Iraqis will see no hope in political resolution to their problems - only armed ones. This almost ensures an endless cycle of violence and in turn, continued rhetoric for why we can never leave.
I may not know much, but one thing is certain. Japanese American men and women did not sacrifice their lives and freedoms throughout history, so that today's leaders could invade and occupy another country, then strip the people of their democratic rights when it didn't suit their interests. To believe otherwise, is to bring dishonor upon their memory.
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