Iraq War: A Legal Timetable

 

by Kerry Thomas

September 7, 2007

 

 

Loony liberals are again beating their “hate-Bush” drums, this time claiming that the war in Iraq is illegal.  I could understand if they felt it was immoral.  But there is nothing illegal about the Iraq War.

 

Article I, Section 8 of the United States Constitution grants Congress the power to declare war.  Article ii, Section 2 makes the President the Commander-In-chief, the commander of America’s military forces.  Once the Congress has declared a war, or authorized the use of America’s military forces, it is the Constitutional power of the President to wage that war.

 

The following is a timeline of the legal authorizations for the use of American military forces against Iraq.

 

• August 2, 1990 - Iraq invaded Kuwait.  The United Nations Security Council called for a full withdrawal of all Iraqi forces from Kuwait.

 

• November 29, 1990 - the UN ordered Iraq to withdraw from Kuwait by January 15, 1991 (UNSC Resolution 678).

 

• January 12, 1991 - the US Congress passed a joint resolution to authorize the use of United States armed forces against Iraq pursuant to United Nations Security Council Resolution 678.

 

• January 17, 1991 - the US led an international coalition of military forces in Operation Desert Storm, with an aerial bombardment of Iraqi forces in Kuwait.  On February 24, the ground assault began.  Kuwait was liberated on February 27.

 

• April 6, 1991 - Iraq accepted UNSC Resolution 687, which required destruction of all of Iraq’s weapons of mass destruction and monitoring by UNSCOM.

 

By July 1995, Iraq admitted that it again possessed biological weapons, in violation of UNSC 687, and repeatedly used them on it’s own people.  Between 1990-2002 Iraq violated at least 16 United Nations Security Council resolutions in addition to violating numerous other UN resolutions. 

 

Iraq also repeatedly violated the terms of UNSC 687, the Gulf War cease-fire agreement.  These violations are clearly spelled out in H.J. Res 114, Congress’ “Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq.“ 

 

This resolution, signed into law on October 16, 2002, authorized the President “to use the Armed Forces of the United States as he determines to be necessary and appropriate” in order to “defend the national security of the United States against the continuing threat posed by Iraq” and “enforce all relevant United Nations Security Council Resolutions regarding Iraq.”

 

On November 8, 2002 UNSC Resolution 1441 warned Iraq that it would face "serious consequences" if it did not comply with UNSC Resolution 687.

 

While the United Nations may be a nice little debating society, it has no legal mechanism for enforcing it’s resolutions.

 

The United States Constitution governs the use of US military force.  Following the Constitution, the Congressional “Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq” clearly authorized the President to take military action against Iraq.

 

Going to war without Congressional authorization is an impeachable offense.  If the Democrat Congress feels President Bush somehow went to war without Congressional authorization, they should immediately file articles of impeachment against the President.

 

Unless all the Democrat’s rhetoric about an “illegal war” is just more political gamesmanship on their part.