Legitimacy of the 2003 invasion of Iraq

A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion (whether the conditions set in place after the Gulf War allowed the resumption if Iraq did not uphold to the Security Council resolutions). Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678. Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor" in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.

There are ongoing debates regarding whether the invasion was launched with the explicit authorization of the United Nations Security Council. The Government of the United States asserts that the invasion was explicitly authorized by Security Council Resolution 678 and thus complies with international law. The Security Council Resolution 678 authorizes UN Member States to "use all necessary means to uphold and implement Resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area", however there exist different interpretations of its meaning. The only legal jurisdiction to find "aggression" or to find the invasion illegal rests with the Security Council under United Nations Charter Articles 39-42. The Security Council met in 2003 for two days, reviewed the legal claims involved, and elected to be "seized of the matter". The Security Council has not reviewed these issues since 2003. The public debate, however, continues. Former UN Secretary General Kofi Annan expressed his opinion that the invasion of Iraq was "not in conformity with the UN charter ..from the charter point of view, he invasionwas illegal." ''(See Legality of the Iraq War)''

Saddam's record

While in power, Saddam Hussein invaded Iran in 1980 and began the Iran–Iraq War, which lasted until 1988. Iraq's invasion was backed by the United States who funneled over $5 billion to support Saddam's party and sold Iraq hundreds of millions of dollars worth of military equipment. During the war, Hussein used chemical weapons on at least 10 occasions, including attacks against civilians. In 1990, Iraq invaded Kuwait and began the Persian Gulf War. After the ceasefire agreement was signed between Saddam and the UN in 1991, which suspended the hostilities of the Gulf War, Iraq repeatedly violated 16 different UNSC resolutions from 1990 to 2002. The Iraq Survey Group interviewed regime officials who stated Hussein kept weapon scientists employed and planned to revive Iraq's WMD program after the inspections were lifted, including nuclear weapons. Under UN Resolution 1441, he was given a "final opportunity" to comply, and he again violated the resolution by submitting a false report to UNMOVIC inspectors and continually preventing them from inspecting Iraq's WMD sites.

During the Gulf War, Iraq took foreign civilians hostage on an unprecedented scale. Hussein attempted to use terrorism against the United States during the Gulf War and against former President George H.W. Bush in Kuwait in 1993 for leading the Gulf War against him. He had a long history of supporting fighters in Palestine by giving money to families of suicide bombers and gave refuge to other fighting groups against neighboring states in the region.

In 1988 the Al-Anfal Campaign took place in Iraqi Kurdistan, and was carried out by the cousin of Saddam Hussein, Ali Hassan al-Majid. A document signed by Ali Hassan al-Majid is quoted as stating, "all persons captured in those villages shall be detained and interrogated by the security services and those between the ages of 15 and 70 shall be executed after any useful information has been obtained from them". This target group covered any male of fighting age. In 1991 after the Iraqi forces were expelled from Kuwait, the regime of Saddam Hussein cracked down on uprisings in the Kurdish north and Shia south. It is stated between this time over 40,000 Kurds and 60,000 or more Shi'ites were executed.

In 2000, two human rights groups, International Federation of Human Rights Leagues and the Coalition for Justice in Iraq, released a joint report documenting the indoctrination of children into a fighting force. These children as young as five were recruited into the Ashbal Saddam or Saddam's Cubs. The children would be separated from their parents and undergo military training. Parents objecting to this recruitment would be executed and children jailed if they failed to comply. These jails were later noted by Scott Ritter in an interview with ''Time'' magazine.

Vice President Cheney stated in 2006 that the U.S. would still have invaded Iraq even if intelligence had shown that there were no weapons of mass destruction. He said Hussein was still dangerous because of his history of using WMD, and taking him out of power "was the right thing to do".

According to Donald Rumsfeld, Saddam Hussein was giving $25,000 to the families of suicide bombers who were aggressive toward Israel.

United Nations

As part of the 1991 Gulf War ceasefire agreement, the Iraqi government agreed to Security Council Resolution 687, which called for weapons inspectors to search locations in Iraq for chemical, biological and nuclear weapons, as well as weapons that exceed an effective distance of 150 kilometres. After the passing of resolution 687, thirteen additional resolutions ( 699, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284) were passed by the Security Council reaffirming the continuation of inspections, or citing Iraq's failure to comply fully with them. On September 9, 1998 the Security Council passed resolution 1194 which unanimously condemns Iraq's suspension of cooperation with UNSCOM, one month later on October 31 Iraq officially declares it will cease all forms of interaction with UNSCOM.

The period between October 31, 1998 and the initiation of Operation Desert Fox (December 16, 1998), contained talks by the Iraqi government with the United Nations Security Council. During these talks Iraq attempted to attach conditions to the work of UNSCOM and the International Atomic Energy Agency, which was against previous resolutions calling for unconditional access. The situation was defused after Iraq's Ambassador to the U.N., Nizar Hamdoon, submitted a third letter stating the position of the Iraqi government on October 31 was "void". After weapons inspections resumed, UNSCOM requested arms documents related to weapon usage and destruction during the Iran–Iraq War. The Iraqi government rejected this request because it was handwritten and did not fall within the scope of the UN mandate. The UN inspectors insisted in order to know if Iraq destroyed all of its weapons, it had to know "the total holdings of Iraq's chemical weapons." Further incidents erupted as Iraqi officials demanded "lists of things and materials" being searched for during surprise inspections.

On December 16, 1998, U.S. President Bill Clinton initiated Operation Desert Fox based on Iraq's failure to fully comply with the inspectors. Clinton noted the announcement made by the Iraqi government on October 31, stating they would no longer cooperate with UNSCOM. Also noted was the numerous efforts to hinder UNSCOM officials, including prevention of photographing evidence and photocopying documents, as well as prevention of interviewing Iraqi personnel.

Inspection teams were withdrawn before the Operation Desert Fox bombing campaign and did not return for four years. The United Nations no-fly zone enforced by the United States, United Kingdom and France—also legality disputed—became a location of constant exchange of fire since Iraqi Vice President Taha Yassin Ramadan instructed Iraqi military to attack all planes in the no-fly zone.

A memo written by US Secretary of Defense Rumsfeld dated Nov 27, 2001 considers a US invasion of Iraq. One section of the memo questions "How start?", listing multiple possible justifications for a US-Iraq War, one scenario being "Dispute over WMD inspections—Start thinking now about inspection demands" In late 2002, after international pressure and more UN Resolutions, Iraq allowed inspection teams back into the country. In 2003, UNMOVIC was inspecting Iraq but were ordered out. There is no credible evidence of WMD production (see Duelfer Report) and no WMDs have been found to date after 1991 (See below and WMD in Iraq). George W. Bush has since admitted that "much of the intelligence turned out to be wrong".

The United States offered intelligence from the Central Intelligence Agency and British MI5 to the United Nations Security Council suggesting that Iraq possessed weapons of mass destruction. The U.S. claimed that justification rested upon Iraq's violation of several U.N. Resolutions, most recently UN Security Council Resolution 1441. U.S. president George W. Bush claimed Iraq's WMDs posed a significant threat to the United States and its allies. An inspection team UNMOVIC, before completing its UN-mandate or completing its report was ordered out by the UN because the US-led invasion appeared imminent.

Weapons of mass destruction

In the past, Iraq had been supplied with chemical weapons and the technology to develop them by Germany, France, United States and the United Kingdom. Saddam used these weapons against Iranian forces in the Iran–Iraq War, and against Kurdish civilians in the Iraqi town of Halabja. In 1990 during the Gulf War Saddam had the opportunity to use these weapons, but chose not to. One of the noted reasons is the Iraqi forces' lack of up to date equipment to protect themselves from the effects, as well as the speed with which the US forces traversed the open desert. From 1991–1998 UNSCOM inspected Iraq and worked to locate and destroy WMD stockpiles. The team was replaced in 1999 with the United Nations Monitoring Verification and Inspection Commission, UNMOVIC.

In 2002, Scott Ritter, a former UNSCOM weapons inspector, heavily criticized the Bush administration and the news media for relying on the testimony of alleged Iraqi nuclear scientist and defector Khidir Hamza as a rationale for invading Iraq.

No militarily significant WMDs have been found in Iraq since the invasion, although several degraded chemical munitions dating to before 1991 have been. On June 21, 2006 a report was released through the United States Senate Select Committee on Intelligence, stating that since 2003, approximately 500 degraded chemical munitions have been discovered dating from before 1991 in Iraq, and "likely more will be recovered." The weapons are filled "most likely" with Sarin and Mustard Gas. However, the U.S. Department of Defense states that these weapons were not in usable condition, and that "these are not the WMDs this country and the rest of the world believed Iraq had, and not the WMDs for which this country went to war."

In January 2006, ''The New York Times'' reported that "A high-level intelligence assessment by the Bush administration concluded in early 2002 that the sale of uranium from Niger to Iraq was 'unlikely.'" The Iraqi government denied the existence of any such facilities or capabilities and called the reports lies and fabrications, which was backed by the post-war prima facie case that no WMDs were evident or found.

Former CIA officials have stated that the White House knew before the invasion that Iraq had no weapons of mass destruction, but had decided to attack Iraq and continue to use the WMD story as a false pretext for launching the war. The leaked Downing Street Memo, an internal summary of a meeting between British defense and intelligence officials, states that Bush Administration had decided to attack Iraq and to "fix intelligence" to support the WMD pretext to justify it. A transcript of a secret conversation between President Bush and PM Blair leaked by a government whistleblower reveals that the US and UK were prepared to invade Iraq even if no WMD were found. (see also the Downing Street Memorandum) British officials in the memo also discuss a proposal by President Bush to provoke Iraq, including using fake UN planes, to manufacture a pretext for the invasion he had already decided on. Best evidence of that false intelligence has been Niger