Introduction
The purpose of this paper is to evaluate the 2003 American Invasion of Iraq according to jus ad bellum criteria – were we in the right to start that war? We begin with the historical context including the faulty information about Iraq’s weapons of mass destruction. That history is then used to determine whether the invasion passes the jus ad bellum standards of Just War Theory.
Historical Background1
Official build-up for the invasion began with the “Authorization for Use of Military Force Against Iraq Resolution of 2002”, also known as the “Iraq Resolution”, which was passed in October 2002 by the U.S. Senate and House of Representatives. It authorized the use of American forces against Iraq in what would be called “Operation Iraqi Freedom.” The factors used to justify the war included:
- Iraq’s development and possession of weapons of mass destruction (WMDs) as well as operation of mobile weapons labs
- Their possession of unmanned aerial vehicles to deliver said WMDs
- Their support for terrorism, including harboring members of al-Qaeda and paying bounties to the families of suicide bombers
- Saddam Hussein’s repression of the Iraqi people and the Kurds
This was followed by the passage of UN Security Council Resolution 1441 of November 2002 which demanded that Iraq allow weapons inspectors back into the country. Iraq appeared to comply with the resolution.
In early 2003, President George Bush and British PM Tony Blair stated that Iraq was hindering the UN weapons inspectors. Leaders of Germany and France sought extended inspections and wanted to give Iraq more time to comply with the inspectors.
On 5 February 2003 Secretary of State Colin Powell gave a presentation to the UN Security Council claiming that Iraq had maintained its stockpile of WMDs, that it was hiding evidence of its WMDs from UN weapons inspectors, that it silenced its weapons scientists, and that it continued to harbor al-Qaeda terrorists. These were the reasons used to start the war.
On 17 March, President Bush gave Saddam an ultimatum: leave Iraq in 48 hours. He didn’t.
On 20 March 2003 kinetic operations began with precision-guided missile attacks against the suspected location of Saddam Hussain, followed by bombings of government and military buildings. Major operations were completed six weeks later, and the occasion was marked by President Bush’s “Mission Accomplished” speech on 1 May 2003.
On 30 September 2004 the Iraq Survey Group, a multinational group organized by the CIA and the Pentagon, released a report (the Duelfer Report) stating that Iraq had no significant amount of chemical WMDs3. It was believed that the WMDs did exist – and were used against the Kurds – but the weapons were sent to Syria. The idea that Iraq was a state sponsor of terrorism remains unclear.
The justification for the war changed at this point to the plight of the Iraqi and Kurdish people under Saddam, and the goal became removing him and the Arab Socialist Ba’ath Party from power.
The war did not end by this time, for once we defeated the Ba’ath Party, the insurgency started. Politics abhors a vacuum, and we began fighting a new enemy.
Just Cause
St. Augustine lists2 three jus ad bellum conditions: defending against attack, recapturing things taken, and punishing a nation that has done wrong. According to (faulty) intelligence, Iraq’s people and its neighbors were in immediate danger from WMDs, and according to (accurate) intelligence, Saddam’s regime was actively violating the individual rights of its citizens. Thus, our invasion of was justified because we were defending others against imminent danger and punishing Iraq for doing wrong by the Kurds and other Iraqi people.
Proportionality
Proportionality is a slippery concept in action. The broad idea is that when an enemy destroys one of our ships, we destroy one of theirs, when the enemy downs one of our airplanes, we do the same to one of his airplanes, and so on. The enemy is supposed to remain stationary while we pursue a proportionate response. Nice theory, but in practice things don’t work that way.
The reality is more like this: the enemy destroys one of our vessels, and in our act of responding proportionally, the enemy sends fighters to stop our response, we then use surface-to-air missiles, and so on. Each combatant is starring in his own “Saving Private Ryan” movie, and once the situation escalates it becomes extremely difficult to stop.
An alternative to proportionality is this: does our response not only stop the immediate harm but also removes the capability of performing similar harm in the future? The American forces disabled Iraq’s air defense system, which allowed the ground invasion to go forward unencumbered. We targeted only government and military installations, and the government and military were the ones harming people. We not only stopped them doing harm and we also prevented them from repeating this harm in the future. This theory has plenty of edge cases, and it may not be possible to justify this approach within Just War Theory.
Reasonable Chance of Success
The 2003 invasion of Iraq was a well-designed and well-implemented plan that involved combined use of air and ground forces. Our Air Force, Marines, and Army were far superior to the corresponding Iraqi forces, so we had a very reasonable chance of success.
Legitimate Authority and Public Declaration
Congress has the power to declare war, and while the Iraq Resolution was approved by Congress, it did not declare war. The Resolution only authorized President Bush to use military force against Iraq. However, the Iraq Resolution can be seen as a public declaration announcing America’s intention to initiate military action against that country.
Right Intentions
If Iraq possessed WMDs and weapons labs, and if Iraq possessed the capability to deliver the WMDs, and if Saddam had plans of using these weapons on the Iraqis or other people, then we had the right intentions for invading Iraq with the goal of removing those weapons and delivery capabilities.
As it goes, Iraq didn’t have WMDs, but the treatment of the Iraqis and Kurds under Saddam and the Ba’ath Party was still an issue. Our intentions to drive Saddam from power and to De-Ba’athify the government were good intentions, and our actions were in support of those intentions.
Does this mean America must topple oppressive governments all over the world? It does not, for doing so does not further any pressing national interest. National interest does not play a direct role in Just War Theory, however.
Last Resort
At the time of the 2003 invasion, economic sanctions against Iraq were still in place. These sanctions were in response to Iraq’s 1990 invasion of Kuwait. Further economic pressure could not be applied.
Multiple diplomatic solutions (the Iraq Resolution, Resolution 1441, Colin Powell’s presentation to the UN Security Council, and finally the 48 hour demand of Saddam to leave the country) were attempted but each proved unsuccessful. All non-violent options were exhausted, and so the war was indeed one of last resort.
Conclusion
Based on all the usual criteria of jus ad bellum - principles of just cause, proportionality, reasonable chance of success, legitimate authority and public declaration, right intention, and last resort – it can be concluded that we were justified in this military action according to Just War Tradition. This conclusion holds regardless of the existence of WMDs.
From a “realist war theory” perspective, the invasion cannot be justified. If anything, the invasion violates the realpolitik “Pottery Barn rule” – you break it, you buy it. By eliminating Saddam Hussein’s regime, we metaphorically broke Iraq, dysfunctional that it was, and we ended up buying it over the next 8 years.
References
1. Draper, R. (2020). To Start a War: How the Bush Administration Took America into Iraq. Penguin Books.
2. Holmes, A. F. (2005). War and Christian Ethics. Baker Academic.
3. Ricks, T. E. (2006). Fiasco: The American Military Adventure in Iraq. Penguin Press.
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