# Did the Bush Admin Make the Case that Iraq Presented an Imminent Threat?

**URL:** <https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124>\
**Category:** Great Debates\
**Created:** [October 23, 2003, 2:59pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124 "2003-10-23T14:59:37Z")\
**Posts on this page:** 20\
**Page:** 9

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**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\
**Post date:** [January 14, 2004, 4:47am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/161 "2004-01-14T04:47:16Z")

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> [@furt](#):
>
> “Dozens of threads,” not reasons. Please read carefully.

Yes…My bad there.

> [@](#):
>
> Now follow closely, it’s complicated:
> 
> 1. Iraq agrees to ceasefire with a US-led coalition.
> 2. The UNSC agrees to pass a resolution codifying that ceasefire and what Iraq must do to comply with it.
> 3. Iraq soon violated those terms, and continued to violate the terms for a decade; numerous UNSC resolutions were passed acknowledging this.
> 4. Violation of ceasefire terms is justification for resumption of hostilities.

You forgot to add the part where the US went to the UNSC to get a resolution backing the “resumption of hostilities” as you call it and then never called for a vote on it when it became obvious that it would not pass.

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<div class="post-metadata">

**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\
**Post date:** [January 14, 2004, 4:57am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/162 "2004-01-14T04:57:50Z")

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> [@treis](#):
>
> What makes you think that my justification for the war was based on this vague claim?
> 
> If these claims were correct the war was good for the world in that we prevented an impending disaster.

Well no, if the vague claims were correct they would prove little. If some of the claims that had absolutely no basis in truth were correct (and the fact that they were not correct was known in many cases at the time) then there were potentially some dangers but by no means any impending disaster. (Clearly, the facts on N. Korea…or at least their claims…are more dangerous than anything believable that was claimed about Saddam.)

> [@](#):
>
> If these claims weren’t correct the war was good for the world in that we know for sure Saddam won’t be giving weapons to terrorists and a brutal dictaor won’t be able to continue to kill hundreds of thousands of his citizens while raping the country of its wealth.

Well, I don’t think that anyone is crying about the fact that Saddam is gone. However, some of us do not believe that the ends necessarily justify the means. And the way in which this was done…both the lying and deception and the harm done to the U.S. reputation internationally…may cause harm in the long run. Besides which, it is unclear what the future of Iraq should be.

At any rate, the whole point of democracy is to give people a say in their government and this can only be done if the government is honest about its intentions and motivations. If the U.S. government wanted to make the case for a humanitarian intervention in Iraq, for example, that case should have been made. They should not have come up with pretexts.

Of course, this leaves aside the whole issue of whether this war has done more to fight terrorists or recruit them.

> [@](#):
>
> Whats your point? Intelligence information gathered after we have control of Iraq has no bearing on whether we were justified to go to war. Up until now the things that Bush has said that were in Iraq weren’t and the terrorist links appear to be less than to non-existant of what he claimed. There are two options either he lied about them or all of the intelligence was wrong. Either of these options is unacceptable and Bush deserves to be fired for these blunders.

On this, we agree.

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [January 14, 2004, 5:22am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/163 "2004-01-14T05:22:39Z")

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> [@treis](#):
>
> You’re own friggen cite stated that Iraq was training AQ in posions and gases. It takes some kind of debater to attack the credibility of the cite they provided.

You’re still saying that that cite says something that it doesn’t say.  
You’re making an assumption.

You’re assuming that when the CIA said, “The reporting also stated that Iraq has provided training to al-Qa’ida members in the areas of poisons and gases and making conventional bombs,” they _really meant to say_, “Iraq’s likely to supply aQ with banned weapons.”  
Yet, if it’s true they meant to say that it _was_ likely, we’re left wondering why they described the likelihood of Hussein _ **"initiating"** _ an attack as **“low”** and described such a thing as an **“_extreme_ step”** to be taken only as a **"_last chance_."**

One way to avoid this contradiction is to take what they said at face value. There’s reason to suspect that our intel agencies take time to carefully craft the language of their reports with a goal of accuracy.  
YMMV.

> [@treis](#):
>
> …in this case the burden of proof in my mind is not very large. For example if the CIA/Government tried to claim that France is selling AQ illegal weapons I would require something on the order of a reservation for the Hotel Paris for one Osama Bin Laden with his reason of visit as “buying illegal weapons”. This is becuase there is no reason at all France would sell OBL weapons in fact it would be against their interest to do so.

Because Iraq was likely to try to supply aQ with banned weapons, it’s likely that Iraq tried to supply aQ with banned weapons.

To paraphrase a [national security advisor](http://www.foreignpolicy2000.org/library/issuebriefs/readingnotes/fa_rice.html) re Iraq,  
"if they do acquire WMD, their weapons will be unusable because any attempt to use them will bring national obliteration.”  
“National obliteration” is against national interests.

> [@treis](#):
>
> Iraq on the other hand has reason to help AQ in the form of a mutual enemy. AQ and Iraq both hate the U.S.A. and would love to see a biological/chemical weapon go off in the middle of New York. In my mind it is likely that they would have some sort of working relationship. In this case the director of the CIA saying that Iraq trained AQ in the use of WMD’s is good enough for me.

This quality of inference is woefully insufficient for a matter of this extreme gravity. (Of course, you may not consider this military, foreign policy venture in Iraq a very serious matter.)

GWB and UbL both despise Hussein. Each has called for the death of Hussein. They have a mutual enemy. Therefore it’s “likely that they would have some sort of working relationship.” In this case, US support of the Mujahedin in Afghanistan is good enough to demonstrate the likelihood of GWB and UbL working together.

> [@treis](#):
>
> Just becuase someone is crazy doesn’t mean that given a situation we can not make an educated guess about their actions.

If they’re crazy, why do you think they’d act in a logical manner?  
If they’re acting in a logical manner, how do you know they’re crazy?

> [@treis](#):
>
> I never claimed that they were lovey-dovey one does not need to like another to work towards a common goal.  
> Al Qaeda and Iraq share a common goal in the destruction of the U.S.A. therefore it is probable that they would work together to achieve this.

Because Hussein was likely to work together with UbL, it’s likely that Hussein worked together with UbL.

Having a common goal does not mean that one need to work with another, noor does it even mean that it’s “probable.”  
The mere assertion of probability does nothing to establish the actuality of probability.

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<div class="post-metadata">

**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [January 14, 2004, 6:30am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/164 "2004-01-14T06:30:43Z")

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> [@jshore](#):
>
> You forgot to add the part where the US went to the UNSC to get a resolution backing the “resumption of hostilities” as you call it and then never called for a vote on it when it became obvious that it would not pass.

Resolution 1441 (and all the rest) clearly stated that SH was violating the ceasefire, which was all the US ever needed. The push for a “second resolution” was merely for consensus-building, political purposes: to get more members for the coalition and to help out Tony Blair. Not getting it was unfortunate, but a footnote as far as the legal situation.

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**Author:** ![rjung](https://avatars.discourse-cdn.com/v4/letter/r/45deac/32.png) [@rjung](https://boards.straightdope.com/u/rjung)\
**Post date:** [January 14, 2004, 7:08am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/165 "2004-01-14T07:08:57Z")

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> [@furt](#):
>
> Resolution 1441 (and all the rest) clearly stated that SH was violating the ceasefire, which was all the US ever needed.

So lemme get this straight…

1. Saddam Hussein violated UN resolution 1441.
2. Ergo, the _United States_ had a just cause to go to war – namely, to enforce the _UN’s_ resolution…
3. …even though the _UN_ didn’t want the US to go to war with Iraq.

Was the US appointed executor of UN policy, and I missed the announcement? Or is the disjoint between items #2 and #3 proof that the Bush apologists will use any lame-ass excuse available, even when it defies all logic?

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [January 14, 2004, 7:09am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/166 "2004-01-14T07:09:26Z")

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> [@furt](#):
>
> Resolution 1441 (and all the rest) clearly stated that SH was violating the ceasefire, which was all the US ever needed…

Well, as long as your pouring over the Resolutions, might you point out to us the Resolution that appoints the USA Sheriff of the Planet? The one that allows a special exemption for the USA when it comes to agressive and/or preemptive war? The one that appoints the USA to decide which UN Resolutions shall be enforced by war, and which are just so much rhetoric?

You cannot simultaneously ignore UN authority and then drape your illegal actions with the same authority.

But, truly, that was one of GeeDubyas finest moments, when he insisted he was going to put that 2nd resolution out there, no matter what! He thrust his manly chin out and swore he was gonna see everybody’s cards, yessireeBob. Oooopsy. Gonna lose big time. Winston Churchill, instantly morphs to Emily Littella…“Never mind!”

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [January 14, 2004, 7:11am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/167 "2004-01-14T07:11:30Z")

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> [@furt](#):
>
> Korea was meant as an illustration of the point: **bringing in a mediating third party does not mean that one of the original parties give up their rights.** I fail to find anything in Resolution 678, which created the ceasefire, that says UN approval was required for the resumption of hostilities. In fact, 1441 and other resolutions clearly said that SH was violating the 678 ceasefire. IMO when one party breaks the terms of a cease fire, the other party is released also.

The war was over injustices done to Kuwait by Iraq. So not only is the example flawed in that there’re no treaties that involve relinquishing the right to self-defense, but the UN was not a mediating party bewteen the US and Iraq, rather, the US, via the UNSC, was a member of the mediating party.  
Actually, it’s resolutions [686](http://www.fas.org/news/un/iraq/sres/sres0686.htm) and [687](http://www.fas.org/news/un/iraq/sres/sres0687.htm), not [678](http://www.fas.org/news/un/iraq/sres/sres0678.htm) that pertain to the ceasefire.

Res 678 outlines the authorization of the use of military force to bring about compliance with [Res 660](http://www.fas.org/news/un/iraq/sres/sres0660.htm).

There’s no language authorizing the resumption of hostilities in the resolutions that establish the ceasefire.

What “says UN approval was required for the resumption of hostilities,” is [Chapter VII of the Charter](http://www.un.org/aboutun/charter/chapter7.htm).

“ **The Security Council shall determine…what measures shall be taken…to maintain or restore international peace and security** ,” and “ **The action required to carry out the decisions of the Security Council…shall be taken by all the Members of the United Nations or by some of them, as the _Security Council may determine_** ,”  
And, [UNSC Res 1441](http://usinfo.state.gov/topical/pol/usandun/02110803.htm) was _not_ “all the US ever needed.”  
It specifically states,

> [@](#):
>
> 1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq’s failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);
> 
> 2. **Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council** ; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;

There’s no provision for the authorization of the use of military force in [UNSC Res 1441](http://usinfo.state.gov/topical/pol/usandun/02110803.htm)

Read it through. If you find one that I overlooked, please post it here.

So while it may be your opinion that “when one party breaks the terms of a cease fire, the other party is released also,” there’s still nothing, (not even in your opinion), relieving the US from its obligations to abide by the supreme law of the land, as per Article VI of the Constitution, namely ratified treaties, particularly [Chapter VII](http://www.un.org/aboutun/charter/chapter7.htm) of the UN Charter.

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [January 14, 2004, 7:43am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/168 "2004-01-14T07:43:35Z")

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> [@elucidator](#):
>
> The one that allows a special exemption for the USA when it comes to agressive and/or preemptive war?

**AAAAGH!!!**  
Don’t _you_ fall for the newspeak too.

Pre-emption is unquestioned and undeniably legitimate. It has been recognized as just for centuries. _However_, an imminent threat is necessary for a war to be a pre-emptive war.  
What we did to Iraq was a _preventive_ war. Which is much different.

Here’s the gist of the letter I sent to GOP headquarters, (in my capacity as a GOP Team Leader), in response to the request that I write to my conressmen and tell them to support the Bush policy of pre-emption.  
If Iraq was an imminent threat to the US then the war is not an agressive war. It is part of a long sanctioned tradition of "[preemption](http://www.ccc.nps.navy.mil/rsepResources/si/aug02/middleEast.asp) **"Upon detecting evidence that an opponent is about to attack, one beats the opponent to the punch and attacks first to blunt the _impending_ strike."**

As we all know, “[For centuries](http://www.whitehouse.gov/nsc/nss5.html), international law recognized that nations need not suffer an attack before they can lawfully take action to defend themselves against forces that present an imminent danger of attack. Legal scholars and international jurists often conditioned the legitimacy of preemption on the existence of an imminent threat—most often a visible mobilization of armies, navies, and air forces preparing to attack.”

IMHO, one could make the case that the need to “adapt the concept of imminent threat” as laid out in the [National Security Strategy Chapter V](http://www.whitehouse.gov/nsc/nss5.html)\*, led to the actual adaptation the “concept of imminent threat,” in the national security strategy of the USA to include the threat presented by “rogue states and terrorists” and thus a change in what qualifies as preemption.  
If Iraq was not an imminent threat to the US then the war may’ve been an example of a “_preventive_ war”. **[Preventive war](http://www.ccc.nps.navy.mil/rsepResources/si/aug02/middleEast.asp) is based on the concept that war is inevitable and that it is better to fight now while the costs are low rather than later when the costs are high. _It is a deliberate decision to begin a war_."**

\*_(“We must adapt the concept of imminent threat to the capabilities and objectives of today’s adversaries, [“rogue states and terrorist”]”)_

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [January 14, 2004, 4:24pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/169 "2004-01-14T16:24:24Z")

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> [@](#):
>
> \*\*[Hussein Warned Followers About Jihadists, Officials Say\*\*](http://www.washingtonpost.com/ac2/wp-dyn/A14923-2004Jan14?language=printer)  
> _By Dana Priest  
> Washington Post Staff Writer  
> Wednesday, January 14, 2004; Page A20_
> 
> …Hussein…[told] followers not to join forces with Islamic jihadists and other foreign fighters…according to a document found with Hussein when he was captured…  
> …the CIA believes [the document] to be authentic…  
> Al Qaeda members…told interrogators…[UbL] had rejected the idea of working with Hussein, who…led one of the most secular governments in the Middle East.  
> One senior U.S. official said the directive “was interesting but not hugely important” because it only **confirmed the _widespread belief_** that there was probably not much collaboration between former Baath Party members and foreign fighters…  
> Hussein…[belived] that…al Qaeda members have a different goal than Baath Party loyalists…

The message I had entered was too short. I’ve lengthened my message to at least 10 characters. 😕

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<div class="post-metadata">

**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [January 15, 2004, 4:13am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/170 "2004-01-15T04:13:30Z")

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[“statements of policy, belief or appreciation”](http://dictionary.law.com/) Sigh. I’ll respond here then I’m done.

> [@SimonX](#):
>
> There’s no language authorizing the resumption of hostilities in the resolutions that establish the ceasefire.

“Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687”

There was a ceasefire, the ceasefire was violated, Iraq was given a last chance after 1441, and Saddam still failed to comply. The US is bound by its own treaties; but as you pointed out, there was no treaty, only a ceasefire. If you know of a treaty where the US gave veto power to anyone over its right to levy war, I’d like to see it. You do offer that

> [@](#):
>
> What “says UN approval was required for the resumption of hostilities,” is [Chapter VII of the Charter](http://www.un.org/aboutun/charter/chapter7.htm).

, but this is why further debate is pointless.

IANAL, so I don’t like to get into analyzing legalese. As a more common sense approach, I invite you to find for me news reports from the period of the UN’s founding wherein it is stated that in the future all military action not authorized by the UN is “illegal.”

Look, you may well believe that the world would be better off if we had a supranational government, and maybe you’d be right. But we don’t. The United Nations, for better or worse, is not a lawmaking body, if for no other reason that they have no capacity to enforce anything. That’s why they’re called “resolutions:” because they are not binding in the way that laws are. They are [“statements of policy, belief or appreciation”](http://dictionary.law.com/) and not binding statutes. You can claim that the UN charter proscribes all military action without UN approval all you want, but that is not the way the way any US administration has ever interpreted it, and it is not the way even the sharpest current critics of the Iraq war see it ([cite](http://slate.msn.com/id/2093572/) and [cite](http://www.usatoday.com/news/politicselections/nation/2004-01-14-dean-letter_x.htm)). Indeed, if the UN tried to claim for itself the authority you want it to have, most of the membership would quit.

Sorry, but I’m not going to go on wrangling over the legalese with you for the same reasons I don’t argue with people who insist that the income tax is unconstitutional.

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<div class="post-metadata">

**Author:** ![Mr.Svinlesha](https://avatars.discourse-cdn.com/v4/letter/m/22d042/32.png) [@Mr.Svinlesha](https://boards.straightdope.com/u/Mr.Svinlesha)\
**Post date:** [January 15, 2004, 9:02am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/171 "2004-01-15T09:02:31Z")

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**furt** :

> [@](#):
>
> - If you know of a treaty where the US gave veto power to anyone over its right to levy war, I’d like to see it.\*

Sure. No problem. Article II of the UN Charter states:

> [@](#):
>
> \*\*The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
> 
> 1. The Organization is based on the principle of the sovereign equality of all its Members.
> 
> 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
> 
> 3. _All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered_.
> 
> 4. _All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations_.\*\*

Now, this is a treaty entered into by the United States government, and fully ratified by Congress; the government is thereby bound, both legally and by its honor, to either follow the precepts of the agreement or withdraw from the UN. Clearly, the US cannot claim the right to be a member of good standing in the UN while flaunting the rules of the UN at its whim; such actions are dishonorable.

At the very least, if the US now feels it has a right to launch “preventative” wars, it should also withdraw from the UN, which clearly and specifically prohibits such actions.

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [January 15, 2004, 6:41pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/172 "2004-01-15T18:41:40Z")

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> [@furt](#):
>
> [“statements of policy, belief or appreciation”](http://dictionary.law.com/) Sigh. I’ll respond here then I’m done.

I don’t think that your link works how you intended it to. You might want to check on this.

> [@furt](#):
>
> “Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687”

This is not language that authorizes the use of military force.  
Language that authorizes the use of military force looks like this, (from UNSC 678),:  
**"Authorizes Member States** co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, **to use all necessary means** to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;"  
Note the use of the word “authorizes” in this excerpt. The word “authorize”, all of its cognates and all of its synonyms are conspicuously absent from the section that you’ve quoted. In what you’ve quoted, there’s absolutely no mention of _any_ authorization to use _any_ means to uphold, implement or otherwise enforce anything.

The difference between the two quotes is a **a gross, non-technical one** - one says Iraq is and has been in breech, the other says “authorizes…all necessary means.”

> [@furt](#):
>
> The US is bound by its own treaties; but as you pointed out, there was no treaty, only a ceasefire.

Since, as per your own admission, I’ve already stated that we didn’t enter into a treaty with Iraq to this effect, it is, at _least_, **EXTREMELY** disingenuous of you to suggest I’d said, or implied we were bound by a treaty that does not exist. The treaty that I _did_ reference the US being bound by is the UN Charter.

> [@furt](#):
>
> If you know of a treaty where the US gave veto power to anyone over its right to levy war, I’d like to see it. You do offer that, but this is why further debate is pointless.

Even though “veto power” isn’t the most apt way of describing things…  
**The treaty you’d like to see is precisely that which you use as your excuse as to why "further debate is pointless."**

> [@furt](#):
>
> IANAL, so I don’t like to get into analyzing legalese. As a more common sense approach, I invite you to find for me news reports from the period of the UN’s founding wherein it is stated that in the future all military action not authorized by the UN is “illegal.”

I appreciate you invitation.  
In what way is common sense is precluded from understanding the very straightforward language that’s been used already?

Article VI of the US Constitution says that ratified treaties are the supreme laws of the land.  
The UN Charter is a ratified treaty.  
Therefore, the UN Charter is a supreme law of the land.  
This supreme law of the land states,  
“All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations,”  
AND  
“The Security Council shall determine…what measures shall be taken…to maintain or restore international peace and security,” and “The action required to carry out the decisions of the Security Council…shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine,”

This is _very_ conducive to understanding via common sense. Your contention that you don’t understand this does _not_ seem at all genuine, at all truthful nor a bit honest.  
Even though you may disagree with the importance of honoring the asset of American credibility in _this specific way and instance_, surely you _do_ advocate rendering our obligations to any newly onerous treaties null and void through due process of law rather than through a strategy of simple disregard, correct?

> [@furt](#):
>
> Look, you may well believe that the world would be better off if we had a supranational government, and maybe you’d be right. But we don’t. The United Nations, for better or worse, is not a lawmaking body, if for no other reason that they have no capacity to enforce anything.

I don’t think that we would be, nor do I think that there is such an entity.

> [@furt](#):
>
> That’s why they’re called “resolutions:” because they are not binding in the way that laws are. They are [“statements of policy, belief or appreciation”](http://dictionary.law.com/) and not binding statutes.

I don’t think that this link works as you intended it to.  
I assume you meant to link to this definition of [resolution](http://dictionary.law.com/definition2.asp?selected=1826&bold=%7C%7C%7C%7C) which defines resolution this way:

“a determination of policy of a corporation by the vote of its board of directors. Legislative bodies also pass resolutions, but they are _often_ statements of policy, belief or appreciation, and _not always_ enactment of statutes or ordinances.”

This does absolutely nothing to advance, (nor even establish), your contention that UNSC resolutions are categorically, non-binding, and that this indicated by the use of the word “resolution.”

UNSC resolutions certainly can be binding resolutions even though the word "resolution is used to describe them.

You _intentionally_ left out crucial qualifiers and phrases from the definition you’ve cited. This is **remarkably dishonest**.

> [@furt](#):
>
> You can claim that the UN charter proscribes all military action without UN approval all you want, but that is not the way the way any US administration has ever interpreted it, and it is not the way even the sharpest current critics of the Iraq war see it ([cite](http://slate.msn.com/id/2093572/) and [cite](http://www.usatoday.com/news/politicselections/nation/2004-01-14-dean-letter_x.htm)).

First, I’ve not claimed that the UN Charter does what it doesn’t, namely proscribe all military action without UN approval. This is yet further **dissembling** on your part.

Second, you’re citing quotes such as “We are not going to give the United Nations veto power over our foreign policy,” as evidence the UN Charter is not a binding treaty? The quote, (irrelevant as it is to determining or establishing what effects treaties can or cannot have), uses the phrase “foreign policy” not war. If you are indeed unclear on this, (and not simply posting this in an attempt at something distatseful which involves provocative and dishonest posting), while all war is an example of foreign policy, not all foreign policy is an example of war.

> [@furt](#):
>
> Indeed, if the UN tried to claim for itself the authority you want it to have, most of the membership would quit.

Could you please cite someting, (most anything at all), to support this?

> [@furt](#):
>
> Sorry, but I’m not going to go on wrangling over the legalese with you for the same reasons I don’t argue with people who insist that the income tax is unconstitutional.

We have yet to wrangle over legalese. The closest we’ve come to it was when you presented a **deceitfully** truncated definition of “resolution,” and I called **BullShit**.

---

<div class="post-metadata">

**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [January 21, 2004, 6:05am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/173 "2004-01-21T06:05:01Z")

</div>

SimonX, it seems you may cry “liar” in every thread I go into until I respond to you here, so very well:

> [@SimonX](#):
>
> This is not language that authorizes the use of military force.

No, it’s not. I’m not claiming that the UN authorized the 2003 conflict; I’m aguing that it doesn’t matter whether they did or not. UN approval, is something to be desired, and I certainly think W could have tried harder to get it, but it is not determinative. The fact that they use “authorized” does not perforce make them an authority; it’s more like the old gag when the phone rings at my friend’s house and I bark at him to answer it. He was going to answer it anyway, but I can pretend that it was my order that made him do it.

> [@](#):
>
> Since, as per your own admission, I’ve already stated that we didn’t enter into a treaty with Iraq to this effect, it is, at _least_, **EXTREMELY** disingenuous of you

Oh, please. I quoted your words to restablish an already agreed-on point and move the discussion forward. Are you always this petty?

> [@](#):
>
> Quote:  
> Originally Posted by furt  
> If you know of a treaty where the US gave veto power to anyone over its right to levy war, I’d like to see it. You do offer that, but this is why further debate is pointless.

You quoted me but left out some of the words in between! Liar, liar pants on fire!

> [@](#):
>
> Your contention that you don’t understand this does _not_ seem at all genuine, at all truthful nor a bit honest.

I never said I didn’t understand it, I said I didn’t want to discuss it! **A blatant lie!** (childish, isn’t it?)

> [@](#):
>
> This does absolutely nothing to advance, (nor even establish), your contention that UNSC resolutions are categorically, non-binding, and that this indicated by the use of the word “resolution.” …  
> You _intentionally_ left out crucial qualifiers and phrases from the definition you’ve cited. This is **remarkably dishonest**.

Oh, get serious. I LINKED TO IT simply so you could see where I got it, and that I wan’t pulling it out of my ass, and you call that dishonest? :rolleyes:

> [@](#):
>
> First, I’ve not claimed that the UN Charter does what it doesn’t, namely proscribe all military action without UN approval. This is yet further **dissembling** on your part.

No, I’m pointing that while you say this is not the case, the rest of your positions amount the same thing.  
(notice how I did that without throwing out gratuitous personal shots?)

Consider the following 6 hypotheticals. I think this exhausts the possibilities but I could be wrong:  
[ol]  
[li]Action that meets traditional criteria for justified war (self-defense, defense of an ally, etc.), and which has explicit approval of the UN.[/li][li]Action that does meet traditional criteria, but meets with DISapproval from the UN.[/li][li]Action that meets traditional criteria, and where the UN makes no statement.[/li][li]Action that does NOT meet traditional criteria for justified war (i.e. naked aggression) but that nevertheless has approval of the UN, [/li][li]Action that does not meet traditional criteria for justified war and which has disapproval of the UN. [/li][li]Action that does not meet traditional criteria for justification, and where the UN makes no statement.[/li][/ol]  
I submit that war is justified under 1, 2, and 3. Please tell me which you would describe as “illegal”; I think this will clarify both our positions

Now I submit 4 claims in my chain of reasoning; tell me at what point you disagree:  
A) The 1991 war falls under category #1. HOWEVER, even if the UN had disapproved (#2), it would have made no difference, because the US had the right, indeed the obligation, to defend an attacked ally.  
B) If one side in a conflict clearly violates a cease-fire agreement, the other side is no longer bound and may resume hostilities.  
C) The fact that the cease-fire terms were codified in a UN resolution does not mean that either party waives their rights under B)  
D) The 2003 conflict was fought under the legal auspices of Iraq’s failure to comply with the terms of the cease-fire. As this is a valid reason to resume conflict (B), the UN’s approval or disapproval is irrelvant.

**If you disagree with A), then how is this substanatively different from granting the UN the power to “proscribe all military action without UN approval?” If, OTOH, you agree with A), how do you square this with your interpretation of the UN charter?**

B seems like a straightforward legal fact; but I have not checked it, so I’ll allow that I could be wrong.

C seems much the same. I do not see anything in the UN resolutions where the coalition gave up their rights, but you may interpret differently.

D seems to follow from A, B and C.  
The reason that it’s pointless to debate the UN charter is that there can never be any answer; there is no independent court to ajudicate. You say the war was illegal? Fine, but Bush and Blair and Howard and Aznar and the heads of Poland and Denmark and Japan disagree. You got lawyers; they’ve got lawyers. On what legal basis is your interpretation definitively better than theirs?

I suppose you could say that the UN has the right to interpret its own charter … seems sorta like Congress or Ashcroft being the sole interpreter of the constitution, but OK. So the UN interprets its own charter … and nothing stops the world court from ruling that in order to comply with the charter, all nations must surrender their arms. Who’s to say that isn’t a valid interpretation? It’s an absurd prospect, of course, exactly because the member nations would never give the UN the authority to do anything contrary to their interests (as they percieve them).

The only time the UN has that ability is if they are endorsing one state or groups of states over another. The UN cannot, in and of itself, do anything to restrain or punish anyone.

In the end, I submit that there are two things that make laws more than just recommendations, one is that someone’s interpretation must be definitive, and the second is that they must be enforcable. Neither obtains in regards to the UN charter as putative international law. Which is exactly my point about the income tax people: they can argue until the cows come home about how they want interpret the tax laws, but it makes no difference, because once the courts have ruled, _their opinion doesn’t matter._ Even if they persuade me, it makes no difference, because _my_ opinion doesn’t matter. The courts have ruled and the cops have come.

The case of the UN charter is only different in that there is no court to ever decide the issue so we won’t even get to enforcement. It’s perhaps more like arguing Ruth vs. Aaron or Beckenbauer vs. Maradona, except not nearly as interesting.  
I would hope you answer the questions I’ve asked above, as I think they will clarify our differences. Otherwise, I am entirely content to let you have the last word.

---

<div class="post-metadata">

**Author:** ![Sofa\_King](https://avatars.discourse-cdn.com/v4/letter/s/58956e/32.png) [@Sofa\_King](https://boards.straightdope.com/u/Sofa_King)\
**Post date:** [March 18, 2004, 7:50am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/174 "2004-03-18T07:50:23Z")

</div>

> [@](#):
>
> The fact that they use “authorized” does not perforce make them an authority; it’s more like the old gag when the phone rings at my friend’s house and I bark at him to answer it. He was going to answer it anyway, but I can pretend that it was my order that made him do it.

Dude, that’s a really messed up simile train of thought. It’s like the train drove right past the “no” sign, past the flashing lights, through the intersection, and that school bus full of kids should have looked both ways before it got hit, dammit.

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<div class="post-metadata">

**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\
**Post date:** [March 18, 2004, 8:35am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/175 "2004-03-18T08:35:13Z")

</div>

Well, seeing as **Sofa King** resurrected the thread, I’d like to point out that the answer to the OP is **YES** , the Bush Admin Did Make the Case that Iraq Presented an Imminent Threat.  
Video confirmation is available through the Pit thread: [Rumsfeld caught lying (i know, it’s nothing new, but i thought you should know)](http://boards.straightdope.com/sdmb/showthread.php?t=245672)

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<div class="post-metadata">

**Author:** ![Sevastopol](https://avatars.discourse-cdn.com/v4/letter/s/cdc98d/32.png) [@Sevastopol](https://boards.straightdope.com/u/Sevastopol)\
**Post date:** [March 18, 2004, 8:58am UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/176 "2004-03-18T08:58:47Z")

</div>

To which I might humbly direct Dopers to my late-stage post as it addresses “imminent”

Please ignore pit-worthy pentameter and concern yourselves with the quoted materials.

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<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [March 18, 2004, 1:25pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/177 "2004-03-18T13:25:21Z")

</div>

> [@furt](#):
>
> B) If one side in a conflict clearly violates a cease-fire agreement, the other side is no longer bound and may resume hostilities.
> 
> B seems like a straightforward legal fact; but I have not checked it, so I’ll allow that I could be wrong.

While I’ve not the time currently to engage the bulk of your post, it would help if you would examine th elanguage of the ceasefire agreement, which I post earlier\*, IIRC, and could find the language in the agreement that establishes this “straightforward legal fact.”

W/o an example of this language, all that you’ve presented is your assertion that you think this is the way _you_ think it _should_ be, (the exact kind of thing that the law is notorious for not giving a speckled damn about).

> [@](#):
>
> \*\*  
> \*\*\*Actually, it’s resolutions [686](http://www.fas.org/news/un/iraq/sres/sres0686.htm) and [687](http://www.fas.org/news/un/iraq/sres/sres0687.htm), not 678 that pertain to the ceasefire.

---

<div class="post-metadata">

**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [March 21, 2004, 11:45pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/178 "2004-03-21T23:45:32Z")

</div>

[QUOTE=SimonX]  
While I’ve not the time currently to engage the bulk of your post, it would help if you would examine th elanguage of the ceasefire agreement, which I post earlier\*, IIRC, and could find the language in the agreement that establishes this “straightforward legal fact.”

[QUOTE]  
What I was saying was that I assumed, that this is/was a standard principle of cease-fires, not one specifically encoded in this particular agreement. It seems absurd on its face to suggest that if two parties enter into a mutual ceasefire, both are still bound even if one violates it. If North Korea starts shelling Seoul tonight, do we expect the South Koreans to still be bound by the 1953 cease-fire? How do they go about getting approval, and from whom?

Nonetheless, I remain open to correction if there is some sort of universally-recognized precedent or ruling I am unaware of.

---

<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [March 23, 2004, 1:11pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/179 "2004-03-23T13:11:53Z")

</div>

> [@furt](#):
>
> What I was saying was that I assumed, that this is/was a standard principle of cease-fires, not one specifically encoded in this particular agreement. It seems absurd on its face to suggest that if two parties enter into a mutual ceasefire, both are still bound even if one violates it. If North Korea starts shelling Seoul tonight, do we expect the South Koreans to still be bound by the 1953 cease-fire? How do they go about getting approval, and from whom?
> 
> Nonetheless, I remain open to correction if there is some sort of universally-recognized precedent or ruling I am unaware of.

This is mere assertion on your part.

As is tradition on this board, you’re going to provide evidence of your own assertions just any minute now, right?  
If you do, I’ll decide if a rebuttal or refutation is in order.  
Until then it would be sufficient to counter with another mere assertion that this is not the case.

In addition, even if your mere assertion were correct, **the ceasefire is between the UNSC and Iraq** , not \*the US and Iraq. \*

Therefore, even if you mere assertion were true, it would only apply to an UNSC resumption of hostilities with Iraq  
IIRC, the UNSC decided not to engage in renewed hostilities w/ Iraq.  
IIRC, it was a US led coalition who were explicitly _not_ acting on the UNSC’s behalf.  
So, your mere assertion, even if correct, is a non-sequitur.

---

<div class="post-metadata">

**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\
**Post date:** [March 23, 2004, 11:43pm UTC](https://boards.straightdope.com/t/did-the-bush-admin-make-the-case-that-iraq-presented-an-imminent-threat/209124/180 "2004-03-23T23:43:31Z")

</div>

This’s become a bit hijacked, eh what?

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