United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
Congressional statement of policy stating that "It should be the policy of the United States to support efforts to remove the regime headed by
Saddam Hussein
Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
from power in Iraq." It was signed into law by President
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
, and states that it is the policy of the United States to support democratic movements within Iraq. The Act was cited in October 2002 to argue for the authorization of military force against Iraq.
The bill was sponsored by Representative Benjamin A. Gilman (Republican, NY-20) and co-sponsored by Representative Christopher Cox (Republican,
CA-47
California's 47th congressional district is a congressional district in the U.S. state of California. The district is centered in Long Beach, extends into the western Orange County cities of Garden Grove, Westminster, Stanton, Buena Park, ...
). The bill was introduced as on September 29, 1998. The House of Representatives passed the bill 360–38 on October 5, and the Senate passed it with
unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
two days later. President Clinton signed the Iraq Liberation Act into law on October 31, 1998.
Findings and declaration of policy
The Act found that between 1980 and 1998
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...
had:
# committed various and significant violations of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
,
# failed to comply with the obligations to which it had agreed following the
Gulf War
The Gulf War was a 1990–1991 armed campaign waged by a Coalition of the Gulf War, 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Ba'athist Iraq, ...
and
#further had ignored resolutions of the
United Nations Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
.
The Act declared that it was the Policy of the United States to support "regime change." The Act was passed 360–38 in the U.S. House of Representatives and by
unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
US President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
signed the bill into law on October 31, 1998. The law's stated purpose was: "to establish a program to support a transition to
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choo ...
in Iraq." Specifically, Congress made findings of past Iraqi military actions in violation of International Law and that Iraq had denied entry of
United Nations Special Commission on Iraq
United Nations Special Commission (UNSCOM) was an inspection regime created by the United Nations to ensure Iraq's compliance with policies concerning Iraqi production and use of weapons of mass destruction after the Gulf War. Between 1991 and 199 ...
(UNSCOM) inspectors into its country to inspect for weapons of mass destruction. Congress found: "It should be the policy of the United States to support efforts to remove the regime headed by
Saddam Hussein
Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
from power in Iraq and to promote the emergence of a democratic government to replace that regime." On December 16, 1998, President Bill Clinton mandated
Operation Desert Fox
The 1998 bombing of Iraq (code-named Operation Desert Fox) was a major four-day bombing campaign on Iraqi targets from 16 to 19 December 1998, by the United States and the United Kingdom. On 16 December 1998, President of the United States Bill ...
, a major four-day bombing campaign on Iraqi targets.
President Clinton stated in February 1998:
Support for groups opposed to Hussein
This act required the President to designate one or more qualified recipients of assistance, with the primary requirement being opposition to the present Saddam Hussein regime. Such groups should, according to the Act, include a broad spectrum of Iraqi individuals, groups, or both, who are opposed to the Saddam Hussein regime, and are committed to democratic values, peaceful relations with Iraq's neighbors, respect for human rights, maintaining Iraq's territorial integrity, and fostering cooperation among democratic opponents of the Saddam Hussein regime. On February 4, 1999 President Clinton designated seven groups as qualifying for assistance under the Act. (see Note to 22 U.S.C. 2151 and 64 Fed. Reg. 67810). The groups were
# The
Iraqi National Accord
The Iraqi National Accord (Arabic Language, Arabic: الوفاق الوطني العراقي ''Al-Wifaq Al-Watani Al-'Iraqi''), known inside Iraq as Wifaq, is an Iraqi political party founded by Iyad Allawi, Tahsin Muallah and Salah Omar al-Ali in ...
,
# The
Iraqi National Congress
The Iraqi National Congress (INC; Arabic: المؤتمر الوطني العراقي ''Al-Moutammar Al-Watani Al-'Iraqi'') is an Iraqi political party that was led by Ahmed Chalabi who died in 2015. It was formed as an umbrella opposition group ...
Islamic Supreme Council of Iraq
The Islamic Supreme Council of Iraq (ISCI or SIIC; ar, المجلس الأعلى الإسلامي العراقي ''Al-Majlis Al-A'ala Al-Islami Al-'Iraqi''; previously the party was known as the Supreme Council for the Islamic Revolution in Iraq ...
.
The Act authorized the President to assist all such groups with: broadcasting assistance (for radio and television broadcasting), military assistance (training and equipment), and humanitarian assistance (for individuals fleeing Saddam Hussein). The Act specifically refused to grant the President authority to use U.S. Military force to achieve its stated goals and purposes, except as authorized under the Act in section 4(a)(2)) in carrying out this Act.
In November 1998 President Clinton stated that "The evidence is overwhelming that such changes will not happen under the current Iraq leadership."
Contemplation of post-Hussein Iraq
The Act contemplated the future need for war crimes tribunals in Iraq stating, "The Congress urges the President to call upon the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
to establish an international criminal tribunal for the purpose of indicting, prosecuting, and imprisoning Saddam Hussein and other Iraqi officials who are responsible for crimes against humanity,
genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Lat ...
, and other criminal violations of international law."
A generalized statement of policy toward the post-Hussein Iraq was also set forth stating,
It is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime.
Precursor to war
President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
, who followed Clinton, often referred to the Iraq Liberation Act and its findings to argue that the Clinton administration supported regime change in Iraq – and, further, that it believed Iraq was developing weapons of mass destruction. The Act was cited as a basis of support in the Congressional