Justifying War: The Case of Iraq

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Justification: The second requirement of a leader taking nation to war

Successful war leaders not only motivate support for war, they provide justification

Justification is required by:

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Argument of Justification

An argument of justification, to fulfill its requirements, must do two things:

  1. Embrace criteria for a "Just War". This is a test of moral and historical understanding by the leader. The stipulative criteria of the "Just War Doctrine" must be acknowledged and embraced in the leader's argument.
  2. Proving that circumstances comply with the doctrine. A test of evidential proof. The leader must provide convincing proof to the public and international community that the criteria specified in the "Just War Doctrine" have been met and the actions of the adversary justify war under that doctrine. This requirement turns on cold, hard, facts when it is most convincing.

The argument of justification is ideally provided in an identifiable argumentative style:

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The Just War Doctrine

The Just War Doctrine governs the case for war

Principles of the Just War Doctrine

The United Nations Charter embodies the Just War Doctrine

The Charter of the United Nations folds the doctrine into its provisions to provide a supporting structure through the Security Council.

Article 51: Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

Article 48: The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 40: In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

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A Case Study: Justification for Going to War in Iraq

Making the Case: The Stages of the Campaign

The campaign to justify the Iraq War occurred in five stages

  1. The release of the National Security Strategy of the United States, September 2002. This document is issued periodically by the State Department in compliance with Congressional requirement. The September 2002 release contained a proposed revision of the "Just War Doctrine." Based in a characterization of modern weapons of mass destruction and what was required to protect a nation from their use, the document proposed a right to respond in order "to preempt emerging threats." The NSSUS warned of overgenerous interpretation of this right to make war to preempt but did not elaborate a set of criteria to identify instances when the right could be exercised.

  2. The President's Speech to the United Nations. September 12, 2002. President Bush delivered a speech to the United Nations in which he challenged the UN to support war against Iraq, citing Iraq's violation of UN resolutions. His argument was in general that the UN would cease to be an effective deterrent to rogue states if it did not enforce its own resolutions, and Iraq had blatantly and repeatedly ignored the demands of UN resolutions.

  3. Intervening statements by administration officials. September 2002 through January 2003. Many administration officials, including most prominently Vice President Cheney and Secretary of Defense Rumsfeld, offered various versions of the case against Iraq. Their are arguments were often "facts" based, citing secret evidence and in some cases the intelligence of our nation and other countries. Although they did not always follow the structure of justification, they entered reasons and evidence into the public domain.

  4. The President's State of the Union Address, January 28, 2003. The last part of the President's State of the Union Address satisfied the argumentative imperative of presenting a coherent case for war. The speech also promised a laying out of the evidence in support of the arguments in Powell's UN Speech.

  5. Secretary of State Powell's Speech to the United Nations Security Council, February 5, 2003. Recalling Adlai Stevenson's speech during the Cuban Missile Crisis, Powell presented a multi-media case for war against Iraq. This provided the evidence in support of the case made in the State of the Union.

Making the Case: The arguments

  1. The US will enforce UN resolutions. This justification was the one emphasized in the UN speech in September 2002. By the State of the Union Address in January 2003, the UN had refused to authorize US action on its behalf.
  2. The threat of weapons of mass destruction on the US. This tied directly to the proposed alterations in the Just War Doctrine.
  3. Promotion of Terrorism toward US including 9/11. Note this is tied directly to the US as well as simply applying the label of "sponsor of terrorism."

Ultimately, after these arguments had failed, the administration emphasized a fourth argument: Saddam Hussein regime in Iraq has denied freedom to his people. He is evil. He has killed his own people. As the war proceeded this argument gained new strength. This was the argument of the neo-Conservatives, the foreign policy conservatives in his administration.

The Failure of Leadership in the Iraq War: The Fate of the Justification

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