quasi in rem

Wednesday, March 17, 2004

Here is a nice speech, as we remember the Iraq War..

"....Now, I believe the facts that have brought us to this fateful vote are not in doubt. Saddam Hussein is a tyrant who has tortured and killed his own people, even his own family members, to maintain his iron grip on power. He used chemical weapons on Iraqi Kurds and on Iranians, killing over 20 thousand people. Unfortunately, during the 1980's, while he engaged in such horrific activity, he enjoyed the support of the American government, because he had oil and was seen as a counterweight to the Ayatollah Khomeini in Iran.
In 1991, Saddam Hussein invaded and occupied Kuwait, losing the support of the United States. The first President Bush assembled a global coalition, including many Arab states, and threw Saddam out after forty-three days of bombing and a hundred hours of ground operations. The U.S.-led coalition then withdrew, leaving the Kurds and the Shiites, who had risen against Saddam Hussein at our urging, to Saddam's revenge.
As a condition for ending the conflict, the United Nations imposed a number of requirements on Iraq, among them disarmament of all weapons of mass destruction, stocks used to make such weapons, and laboratories necessary to do the work. Saddam Hussein agreed, and an inspection system was set up to ensure compliance. And though he repeatedly lied, delayed, and obstructed the inspections work, the inspectors found and destroyed far more weapons of mass destruction capability than were destroyed in the Gulf War, including thousands of chemical weapons, large volumes of chemical and biological stocks, a number of missiles and warheads, a major lab equipped to produce anthrax and other bio-weapons, as well as substantial nuclear facilities.

In 1998, Saddam Hussein pressured the United Nations to lift the sanctions by threatening to stop all cooperation with the inspectors. In an attempt to resolve the situation, the UN, unwisely in my view, agreed to put limits on inspections of designated "sovereign sites" including the so-called presidential palaces, which in reality were huge compounds well suited to hold weapons labs, stocks, and records which Saddam Hussein was required by UN resolution to turn over. When Saddam blocked the inspection process, the inspectors left. As a result, President Clinton, with the British and others, ordered an intensive four-day air assault, Operation Desert Fox, on known and suspected weapons of mass destruction sites and other military targets.

In 1998, the United States also changed its underlying policy toward Iraq from containment to regime change and began to examine options to effect such a change, including support for Iraqi opposition leaders within the country and abroad.

In the four years since the inspectors left, intelligence reports show that Saddam Hussein has worked to rebuild his chemical and biological weapons stock, his missile delivery capability, and his nuclear program. He has also given aid, comfort, and sanctuary to terrorists, including Al Qaeda members, though there is apparently no evidence of his involvement in the terrible events of September 11, 2001.

It is clear, however, that if left unchecked, Saddam Hussein will continue to increase his capacity to wage biological and chemical warfare, and will keep trying to develop nuclear weapons. Should he succeed in that endeavor, he could alter the political and security landscape of the Middle East, which as we know all too well affects American security.

Now this much is undisputed. The open questions are: what should we do about it? How, when, and with whom?

Some people favor attacking Saddam Hussein now, with any allies we can muster, in the belief that one more round of weapons inspections would not produce the required disarmament, and that deposing Saddam would be a positive good for the Iraqi people and would create the possibility of a secular democratic state in the Middle East, one which could perhaps move the entire region toward democratic reform.

This view has appeal to some, because it would assure disarmament; because it would right old wrongs after our abandonment of the Shiites and Kurds in 1991, and our support for Saddam Hussein in the 1980's when he was using chemical weapons and terrorizing his people; and because it would give the Iraqi people a chance to build a future in freedom.

However, this course is fraught with danger. We and our NATO allies did not depose Mr. Milosevic, who was responsible for more than a quarter of a million people being killed in the 1990s. Instead, by stopping his aggression in Bosnia and Kosovo, and keeping on the tough sanctions, we created the conditions in which his own people threw him out and led to his being in the dock being tried for war crimes as we speak.

If we were to attack Iraq now, alone or with few allies, it would set a precedent that could come back to haunt us. In recent days, Russia has talked of an invasion of Georgia to attack Chechen rebels. India has mentioned the possibility of a pre-emptive strike on Pakistan. And what if China were to perceive a threat from Taiwan?

So Mr. President, for all its appeal, a unilateral attack, while it cannot be ruled out, on the present facts is not a good option.

Others argue that we should work through the United Nations and should only resort to force if and when the United Nations Security Council approves it. This too has great appeal for different reasons. The UN deserves our support. Whenever possible we should work through it and strengthen it, for it enables the world to share the risks and burdens of global security and when it acts, it confers a legitimacy that increases the likelihood of long-term success. The UN can help lead the world into a new era of global cooperation and the United States should support that goal.

But there are problems with this approach as well. The United Nations is an organization that is still growing and maturing. It often lacks the cohesion to enforce its own mandates. And when Security Council members use the veto, on occasion, for reasons of narrow-minded interests, it cannot act. In Kosovo, the Russians did not approve NATO military action because of political, ethnic, and religious ties to the Serbs. The United States therefore could not obtain a Security Council resolution in favor of the action necessary to stop the dislocation and ethnic cleansing of more than a million Kosovar Albanians. However, most of the world was with us because there was a genuine emergency with thousands dead and a million driven from their homes. As soon as the American-led conflict was over, Russia joined the peacekeeping effort that is still underway.

In the case of Iraq, recent comments indicate that one or two Security Council members might never approve force against Saddam Hussein until he has actually used chemical, biological, or God forbid, nuclear weapons.

So, Mr. President, the question is how do we do our best to both defuse the real threat that Saddam Hussein poses to his people, to the region, including Israel, to the United States, to the world, and at the same time, work to maximize our international support and strengthen the United Nations?

While there is no perfect approach to this thorny dilemma, and while people of good faith and high intelligence can reach diametrically opposed conclusions, I believe the best course is to go to the UN for a strong resolution that scraps the 1998 restrictions on inspections and calls for complete, unlimited inspections with cooperation expected and demanded from Iraq. I know that the Administration wants more, including an explicit authorization to use force, but we may not be able to secure that now, perhaps even later. But if we get a clear requirement for unfettered inspections, I believe the authority to use force to enforce that mandate is inherent in the original 1991 UN resolution, as President Clinton recognized when he launched Operation Desert Fox in 1998.

If we get the resolution that President Bush seeks, and if Saddam complies, disarmament can proceed and the threat can be eliminated. Regime change will, of course, take longer but we must still work for it, nurturing all reasonable forces of opposition.

If we get the resolution and Saddam does not comply, then we can attack him with far more support and legitimacy than we would have otherwise.

If we try and fail to get a resolution that simply, but forcefully, calls for Saddam's compliance with unlimited inspections, those who oppose even that will be in an indefensible position. And, we will still have more support and legitimacy than if we insist now on a resolution that includes authorizing military action and other requirements giving some nations superficially legitimate reasons to oppose any Security Council action. They will say we never wanted a resolution at all and that we only support the United Nations when it does exactly what we want.

....."

The speaker...why Hillary Rodham Clinton....

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