I am not an international lawyer, but . . . . Based on what I have read, there exist two possible justifications for the action under international law. First, any country is entitled to act in self defense to counter an actual or imminent threat. Does Iraq present an imminent threat to the United States under that test? I don't know enough to answer, although it is clear that we are stretching that ground beyond any prior application. Second, a country is entitled to act as authorized by the U.N. Did the resolution last year for Iraq to disarm grant such authority? Again, based on what I've read, the answer would have to be no, as the French were induced to vote in favor on the basis that it WOULDN'T authorize force without coming back to the Security Council. Is the current action justified under the resolutions that authorized the 1991 Gulf War? Seems a stretch.
For background, I am neither kneejerk hawk nor dove in these issues. I have no problem with our military actions in Afghanistan, which, after 9/11, I feel can easily be justified as being in self-defense. However, whether or not the current Iraq action is legal under international law, it seems to me that it is unnecessary (at least at this time) and just plain dumb. Good diplomacy could have kept the U.N. inspectors poking around in Iraq for a long, long time. Good diplomacy could even have ratcheted up the U.N. pressure, short of military action. While the U.N. was snooping around, I think that Saddam was more or less neutralized as a threat. If and when the inspectors found something, or they were denied access or kicked out, good diplomacy could have built a more broad-based commitment to any force required.
The current administration's diplomatic efforts were and are a disaster. The worst in our lifetimes. The contrast between this President Bush's diplomatic efforts and those of his father in 1991 is striking. Whether or not you liked George H.W. Bush, he understood diplomacy, he worked world leaders, and he lined them up in support.
We have now used up most if not all of our international credibility. We have lost the moral high ground that, whatever stupid things the U.S. has done over the years, we still were able to maintain. We have established a dangerous precedent for preemptive strikes: Pakistan and India? North and South Korea? Taiwan and China?
We will win this war, at a cost of lives yet unknown, $75 billion in direct cost, and who knows how many billions more to rebuild Iraq. I think we could have more efficiently bottled up old Saddam through the UN at a much lower cost.
Meanwhile, I would have had no problem with our spending a big chunk of that $75 billion in tracking down and vaporizing Osama, his buddies, and any similar groups. I would have no trouble doing that in Sudan, or Saudi Arabia, or wherever else we might find them. That's where I think we should have stayed focused.
In this email from two years ago, I seriously underestimated the cost of the war (see the counter on the right sidebar of this page, which itself is probably an underestimate, but shows my guess is already more than $100 billion too low), and I may ultimately be proven wrong in stating that the U.S. would "win" the war (whatever that means). But other than those two mistakes, I nailed it on the head then, and I stand on those opinions today. The Iraq war has not advanced the war on terrorism, it has stopped it dead in its tracks.