An Illegal Anniversary
By Robert Jensen | Dissident Voice | March 20th, 2013
On the 10th anniversary of the United States’ illegal invasion of Iraq, we can expect the war’s supporters to argue that military action seemed necessary at that moment, while critics will remind us of the suffering that resulted from that tragic miscalculation.
But amid the rationalizations and critiques, we should linger on this uncomfortable term: “illegal invasion”.
No matter how much we all ignore it, here is the reality: The U.S. invasion of Iraq was unlawful. The leaders who planned and executed the war are criminals. U.S. citizens bear some responsibility for not holding those leaders accountable.
The charter of the United Nations is clear about when the use of force in international relations is legal. War must be authorized by the U.N. Security Council, and in this case the council rejected a resolution authorizing war. The only other condition under which a member state can go to war is in self-defense when attacked, a principle that is extended to the right to respond to an imminent attack, what is sometimes called “the customary right of anticipatory self-defense.”
The basic principles are uncontroversial and clearly articulated in articles 39 and 51 of the U.N. Charter, though there is debate among legal experts about interpreting terms such as “imminent” and “anticipatory.” But whatever one’s position in those debates, there is no way to stretch the facts of this invasion to justify a self-defense claim.
At this point, many people respond by dismissing international law as irrelevant. Because U.S. policymakers’ first job is to protect Americans, they argue, our leaders shouldn’t be constrained by international law—the Constitution trumps international law or treaties.
But a small problem arises: Article VI of the U.S. Constitution states that “all Treaties made, or which shall be made, under the Authority of the United States” are part of “the supreme Law of the Land.” Since the United States signed the U.N. Charter (and, in fact, wrote most of it), to reject international law in this matter is to express contempt for the plain meaning of the U.S. Constitution. No patriot would dare.
So, back to those uncomfortable conclusions: A decade ago, U.S. leaders launched what under the principles of the Nuremberg Tribunal is called a “crime against peace.” Whether in the course of that crime, U.S. forces also committed war crimes can be debated. For example, should the deliberate bombing of the civilian infrastructure of a country be considered a war crime? What about the use of cluster munitions in ways that predictably kill civilians? I believe both are criminal, but let’s put those more complicated issues aside. The illegality of the invasion itself is not a tough question.
In my travels outside the United States, I have found that the vast majority of people agree that the U.S. invasion was unlawful. Within the United States, mentioning this worldwide consensus typically is considered idealistic and irrelevant. But while we can ignore evidence and logic, and even ignore the world, we can’t escape the implications of those choices.
The moral force of law, domestic or international, lies in the consistent application of clear standards. When laws are applied only to the poor and the rich act with impunity, for example, we understand that as a perversion of the law.
Over and over in the United States, we proclaim our commitment to the rule of law—we are a nation of laws not men. If that were the case, we would turn over to the International Court of Justice high-ranking figures from the Bush administration, which initiated the war; from the Obama administration, which continued the war; from Congress, which enabled the war; and from the military, which prosecuted the war. We would determine the amount of reparations we owe Iraq and begin to make payments. And we would apologize to the Iraqi people, and to the world.
Why is that unthinkable in our political culture? Perhaps it is because we worship power rather than respect law. Perhaps it is because we have no intention of acting on the moral principles we routinely impose on others.
Perhaps it is because we are not the people we tell ourselves we are.
~
Robert Jensen is a professor of journalism at the University of Texas at Austin and and board member of the Third Coast Activist Resource Center in Austin. His latest book is We Are All Apocalyptic Now: On the Responsibilities of Teaching, Preaching, Reporting, Writing, and Speaking Out (Monkey Wrench Books). Jensen is also co-producer of the documentary film Abe Osheroff: One Foot in the Grave, the Other Still Dancing (Media Education Foundation, 2009), which chronicles the life and philosophy of the longtime radical activist. An extended interview Jensen conducted with Osheroff is online. He can be reached at: rjensen@austin.utexas.edu. Twitter: @jensenrobertw.
Share this:
Related
March 21, 2013 - Posted by aletho | Militarism, Progressive Hypocrite, Timeless or most popular, War Crimes | 2003 invasion of Iraq, International Court of Justice, Iraq, Robert Jensen, United Nations, United Nations Charter, United States
No comments yet.
Featured Video
American Military Failure in Afghanistan
or go to
Aletho News Archives – Video-Images
Frlom the Archives
The Fiction of the Jewish History in Palestine
By Hasan Afif El-Hasan | The Palestine Chronicle | April 8, 2011
Prime Minister Benjamin Netanyahu told NNC Pierce Morgan on March 18, 2011 that he might agree to a Palestinian state through negotiations. And he added, “We will make territorial concessions although it is very painful to do that in our ancestral land.” Netanyahu was not talking about Poland where his ancestors lived. He was talking about Palestine where generations of its indigenous population ancestors lived, cultivated the land and are buried.
By the end of the nineteenth century, Zionism created a new Jewish identity of blood and soil. To mobilize their followers and supporters and appeal to their emotions, the Zionists created myths. Zionism started as a tribal religion without god, but in order to fulfill its function as a unifying force, Zionism required external religious and race symbols, not inner content. Its leaders regarded metaphysical religious belief and purity of race as having value in itself. They created a divine paradisiacal state of merger with the gods. Despite his non-religious ideology, Herzl’s writings were replete with religious references. The Jews should settle in Palestine because, in his words, “the Temple will be visible from long distance, for it is only our ancient faith that has kept us together”.
The Zionists and their supporters have invested tremendous financial and scholarly resources to work within the Hebrew Bible historical narratives to affirm the links between the intrusive Zionist population and the ancient Israelite past, and by doing so assert the right of that population to the land. The political end-game shaped the investigation and the outcome. Tracing the roots of Israel’s ethnic state in biblical antiquity is effectively to silence the indigenous Palestinian claim to the past and therefore to the land. The Biblical scholarship employs a bewildering array of terms for the region: “the Holy Land”, “the Land of the Bible”, “Eretz Israel”, “the Land of Israel”, or “Judah and Samaria.” To the casual reader these names appear interchangeable, but they all imply connection to ancient Israel.
Biblical narratives or poems that cannot be supported by archeology and common sense are treated by the Zionists and their supporters as historical language. … continue
Blog Roll
-
Join 2,450 other subscribers
Visits Since December 2009
- 7,413,518 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- CIA Assessment: The Resistance Cannot Be Crushed
- Hezbollah Returns: It Didn’t Start a War, It Is Ending One
- EU states seek ‘talks’ with Iran for access to Strait of Hormuz: Report
- Trump on Hormuz: “Others must take care of it” after US falters
- Who Is closer to collapse?
- A War that Backfired: Why the US-Israeli Campaign Is Strengthening Iran
- How Zionist Control Is Hurting US Interests
- Iran warns it may target US missile launch sites in UAE cities
- American Military Failure in Afghanistan
- Friendly Skies of Georgia: Are Israeli-Linked Drones Launching False Flags from Georgian Territory?
If Americans Knew- As US-Israel war on Iran rages, Gaza faces massive dust storm – Not a ceasefire Day 156
- No let-up in attacks on Gaza as Israel takes on Iran, Lebanon – Not a ceasefire Day 155
- ‘Of Course’: IDF Drops Case Against Soldiers Accused of Raping Palestinian Prisoner
- Don’t Fall for the Regime Change Talk. Israel Is ‘Mowing the Lawn’ in Iran
- Will Israel and the US wreck the Gulf States along with Iran?
- US so far burned through ‘years’ of munitions in Iran war: Report
- How the Israeli Tail Wags the American Dog
- Outdated intel likely led to deadly U.S. strike on Iranian elementary school, sources say
- Pentagon insider says high U.S official Douglas Feith reported to Netanyahu
- In fond memory of Walid Khalidi, the historian of Palestine
No Tricks Zone- Storing Green Energy To Last Germany 10 Days Would Require A 60-Million Tonne Battery
- New Studies: UK Sea Levels Were 4 Meters Higher Than Today During The Mid-Holocene
- Destructive Green New Deal: German Energy And Metal Group Warns Of Drastic Crisis
- New Study Documents A 20-Year Pause In Arctic Sea Ice Decline – Driven By Internal Variability
- Wake-up Call: Survey Shows Majority Of Germans Now Favor Postponing Climate Targets!
- Televised! Leading German Political Candidate Tells Schoolchildren CO2 Makes Sun Hotter!
- New Study: A Century Warming Of 1.1°C Is ‘Commonplace’ And ‘Not Unusual’ During This Interglacial
- New Study: ‘Internal Noise’ And Volcanic Forcing Can Trigger 10-15°C Warming Within Decades
- Glaciers Worldwide Are Suddendly Surging, Experts Blame Warming!
- Surprising Discovery: Sahara Is Greening…Billions Of Trees Where Once Thought To Be Barren
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment