Self Determination Struggle in the Western Sahara Continues to Challenge the UN

Ian Williams contributes frequently to Foreign Policy in Focus (online at www.fpif.org) on UN and international affairs. Stephen Zunes is the Middle East editor for Foreign Policy in Focus (online at www.fpif.org). He serves as an associate professor of Politics and chair of the Peace & Justice Studies Program at the University of San Francisco and is the author of Tinderbox: U.S. Middle East Policy and the Roots of Terrorism.

After much wrangling from the French, the UN Security Council unanimously passed resolution 1495 right on the July 31st deadline for the rollover of the MINURSO peacekeeping operation in Western Sahara. In the best diplomatic tradition, the resolution affirmed the commitment to provide for the self-determination of the people of Western Sahara, even while it seriously compromised on it by supporting a peace plan that would allow the Moroccan settlers in the territory to vote on independence in five years. As with Israeli settlers on the West Bank, these Moroccan colonists are there in violation of the Fourth Geneva Convention, which prohibits countries from transfering their civilian population onto territories seized by military force.

The Security Council had fought off a similar plan last year, but this time former U.S. Secretary of State James Baker, UN Secretary General Kofi Annan’s special representative, adjusted the plan to provide for a genuine Sahrawi autonomy in the five years before the proposed referendum. This was an ominous sign for the increasingly autocratic rule of King Mohammed in Morocco itself, not to mention leading to uncertainty about the result of the referendum: one fixed principle of Rabat’s policy has been never to allow a vote that its principals cannot control.

The Polisario Front and its principal ally Algeria had surprised everyone two weeks earlier by supporting the new plan. It may even be that they supported the plan precisely because they knew Rabat would oppose it. For weaker states, it is sound diplomatic strategy to maneuver your opponents into defying the United States and the rest of the world.

In the longer term, it looks as if Polisario and Algeria have scored a significant diplomatic victory by playing along with Baker’s peace proposals and the resolution that was moved by the United States. Morocco’s one small victory was that the resolution cited Chapter VI of the UN Charter dealing with the peaceful settlement of disputes, rather than Chapter VII which would have implied mandatory implementation of UN decisions.

Disturbing Principles

In the run up to the vote, France alleged a novel and disturbing principle: the Security Council cannot impose its decisions on parties if they disagree. They claimed there was a tradition of using consensus on Western Sahara, which was a bit like the apocryphal prisoner who had killed his parents and then asked for the court’s sympathy because he was an orphan. Any such “tradition” developed in response to constant French and American attempts to railroad a pro-Moroccan position past the other Security Council members in defiance of all previous decisions.

French foreign minister Dominique De Villepin may have made an eloquent case against the legality of the Iraq war, but there is nothing Cartesian about Paris’s uncritical support for the King of Morocco. Late last year, France had joined with the United States and Great Britain in attempting to disregard all previous decisions and force through Baker’s first draft, which would in effect have legalized the Moroccan occupation against the wishes of the Sahrawi people. As a sort of Solomonic approach, Baker also suggested partition, which the Algerians toyed with, but which all sides eventually rejected–for the time being.

As an Irish diplomat on the Council at the time said,”The original draft was utterly one-sided in its approach: it was in violation of international legal principles, and had already been rejected by one party to the dispute. It was also clear that the movers could not muster more than six or seven votes in the Council, so they could not get a majority for it.” He added, “We don’t mind if the Western Sahara becomes part of Morocco–as long as that’s what the Sahrawis want.” In the end, the doubters withstood American, French, and British pressure and stopped adoption of the plan.

This July, Baker returned with a revised version, which was on the face of it, very similar, but he added some crucial safeguards that won Polisario and Algerian support. The degree of autonomy for the five-year interim stage was much stronger, with better international guarantees against Moroccan interference. Only Sahrawis would vote for the interim authority, even if all residents would vote in the final referendum.

The Moroccans did not like these restrictions, and were apparently not even sure that they could count on the settlers to vote with them. So, for the last weeks of July, French diplomats worked hard to avert the revised peace plan, and the King himself called everyone from Tony Blair to George W Bush. Jaccques Chirac himself hit the telephones on behalf of his client. However, it did not help much. The King was upset at the reference to self-determination as a ballot option, which was of course absurd. The whole ten-year peace process has been predicated on a vote for or against independence.

Having briefly enlisted Bulgaria, the isolated French delegation eventually compromised and accepted some minor concessions from the Americans in resolution1495 which “supported strongly” the peace plan put forward by James Baker rather than “endorsed” it as the original wording had it. In fairly typical fashion, Morocco reacted peremptorily to the resolution by saying “We rejected the Baker plan, and are still rejecting it.”

It is easy to wonder what the fuss is all about with the endless acres of sand and sparse population of Western Sahara. However, like East Timor, a problem that also first hit the UN agenda three decades ago, it involves major issues of international law, self-determination, and respect for UN decisions. It has also cost the UN over half a billion dollars to maintain a force whose job is to supervise a referendum on self determination that Morocco has delayed for more than a dozen years.

History

In the fall of 1975, in the face of a landmark ruling by the International Court of Justice rejecting Moroccan claims to Western Sahara and categorically ruling that the Sahrawis were entitled toself-determination, Morocco invaded the territory on the verge of its scheduled independence from Spain. Most of the Sahrawi population was forced into refugee camps in neighboring Algeria. While not formally recognizing Morocco’s annexation, the United Statees had actively encouraged the Spaniards and Moroccans to deny independence to the Sahrawis, who strongly supported the left-leaning independence movement known as the Polisario Front.

In response to the Moroccan invasion, the UN Security Council passed resolutions 379 and 380, which explicitly and unconditionally called on Morocco to withdraw from Western Sahara. However, the French and Americans blocked the Security Council from enforcing these resolutions. According to then-U.S. ambassador to the United Nations Daniel Patrick Moynihan, “The Department of State desired that the United Nations prove utterly ineffective in whatever measures it undertook. The task was given to me, and I carried it forward with no inconsiderable success.”

By 1982, after seven years of war, the Algerian-backed Polisario was on the verge of liberating their country from Moroccan occupation. Howeover, large-scale U.S. and French military aid, including counterinsurgency equipment and training, reversed the tide of the war. Morocco’s allies also helped its occupation forces construct a wall, which eventually separated most of the territory from the exiled Sahrawi population.

With the war at a stalemate, the Moroccans and the Polisario agreed to a cease-fire in 1990, followed by a UN-supervised referendum. The UN set up a peacekeeping operation known as MINURSO to oversee the plebiscite, where eligible voters among the refugees and the minority of Sahrawis that had stayed in the territory would be determined based on a 1974 Spanish census. However, the Moroccans insisted that anyone who could trace their ancestry to tribal groups with links to the territory should be added to the voter rolls, with the result that twice as many Moroccans as Sahrawis would be allowed to vote. The Polisario understandably rejected such Moroccan demands and the United States and France blocked the Security Council from forcing Morocco to go along with the original plan. As a result, the referendum was never held.

Now, faced with the prospect of being forced to accept a referendum where Moroccan settlers–who now outnumber the indigenous Sahrawis–would be allowed to vote, the Polisario have stolen a march on Morocco by aligning themselves with the United States on the latest resolution. Polisario’s UN representative Ahmed Boukhari candidly admitted that the new offer “was not paradise: it’s a very risky proposal for us,” but it was a pragmatic recognition that the cards were stacked. “We are in the weakest position, so of course, they always want us to compromise, regardless of the law.”

The issue resurfaces again in October, by which time Baker will have done more work, the various parties will do more maneuvering, and more Sahrawis will be born and die in the bleak wastes around their headquarters in the deserts of western Algeria wondering if they will even be given the right of self-determination promised for so long by the international community.

Why the U.S. and France Support the Moroccan Takeover

There are some striking similarities between Morocco’s takeover of Western Sahara and Indonesia’s takeover of East Timor that same year, giving some hope that–as with East Timor–international law and basic principles of justice might win out over realpolitik. Indeed, the Polisario has had far more diplomatic support than the Fretilin ever did, with their Sahrawi Arab Democratic Republic being formally recognized by 75 countries and the SADR sitting as a full member state in the Organization of African Unity.

However, there are two factors working against Sahrawi independence. One is that despite their impressive efforts at building well-functioning democratic institutions in the self-governed refugee camps where the majority of their people live, the Sahrawis have never had the degree of international grassroots solidarity that the East Timorese were able to develop, which eventually eroded support of the Indonesian occupation by Western powers. Secondly, the Moroccan monarchy from the beginning has used its conquest of what it calls “the Sahara provinces” as a means of maintaining its nationalist credentials and popular support despite its autocratic and corrupt rule and the nation’s struggling economy.

The United States has long seen the Moroccan monarchy as a linchpin in advancing Western interests in the region, first as a bulwark against Communist influence and more recently against radical Islam. If Morocco lost the referendum for Western Sahara after pouring in such a tremendous amount of financial resources and lives for the sake of controling the territory, it could lead to enormous instability and perhaps even the monarchy’s overthrow.

In addition, there is the economic interest in the mineral-rich territory: The Moroccans have just given an exploration contract in the territory to an American oil company, Kerr McGee, which has strong links to Vice President Dick Cheney and the Texas oil gang in the administration, which includes Baker. Of course, one would, in the best spirit of Casablanca, be shocked, shocked, to think that this had anything to do with his or the administration’s public espousal of the Moroccan position. The granting of a concession to TotalFinaElf naturally helped make France’s already strong support even more fervent.

However, Morocco’s case was hindered rather than helped by the contracts. In response, the Security Council asked for a legal opinion from UN Under Secretary General for Legal Affairs, Hans Corell. His low-key report was nevertheless devastating for the Moroccan legal position, reminding council members that Morocco’s occupation was in defiance of rulings by both the International Court of Justice and the Security Council itself, since no valid act of self-determination has yet to take place.

In Kerr McGee’s favor, Corell did determine that exploration contracts were legal–but that exploitation contracts would not be without the support of the people of Western Sahara. There have been successful moves to disinvest from the companies involved. This raises interesting questions for the United States, which is indeed eager for alternative sources of oil outside the Middle East.

After alienating much of the international community for undermining the United Nations’ authority and running roughshod over international legal principles in regard to Israel/Palestine and Iraq, the Bush administration may be reluctant to push its luck too far in making it possible for its Moroccan ally to get away with such an illegitimate territorial aggrandizement. Such moderation in U.S. foreign policy, however, may be possible only if the international community and the American public make it politically difficult for the Bush administration to do otherwise.

U.S.-Iraq: On the War Path

Key Points

* U.S. support for Saddam Hussein’s regime in the 1980s contributed to Iraq’s emergence as a major regional military power.

* The U.S.-led Gulf War in 1991 forced the withdrawal of Iraqi occupation troops from Kuwait and led to an ongoing U.S. military presence in the region, including periodic air strikes against Iraq.

* War damage from 1991, combined with severe economic sanctions and periodic U.S. air strikes, precipitated Iraq’s severe humanitarian crisis.

With its enormous oil wealth, large agricultural base, and population of over 20 million, Iraq has long been considered one of the most important countries in the Arab world. The site of the ancient civilization of Mesopotamia, Iraq emerged as an amalgam of three Ottoman provinces under a British-imposed monarch in 1921. A nationalist revolution in 1958 led to a series of military-led leftist governments, eventually coalescing under leadership from the Baath Party, a secular Arab nationalist movement.

Though Muslim Arabs predominate, they are outnumbered by the combined populations of Sunni Muslim Kurds in the North and Shiite Muslim Arabs in the South. During the 1980s and early 1990s, the Baghdad regime engaged in severe repression against these two minorities. The United States has twice backed Kurdish uprisings against the regime only to precipitously abandon them later.

By the late 1970s, Saddam Hussein had risen to leadership in a bloody series of purges, allegedly with some support from the CIA, which hoped he would steer the country from a pro-Soviet to a more nonaligned direction. Under Saddam’s leadership prior to the Gulf War, the Iraqi people gained an impressive level of prosperity, ranking near the top of third world countries in terms of nutrition, education, health care, housing, and other basic needs. Yet Saddam ruled with both brutality and a cult of personality, establishing a system closely resembling fascism.

The U.S. quietly supported Saddam Hussein during the 1980s with economic aid, largely covert military aid, and technology transfers including key components for Iraq’s chemical and biological weapons programs. When Iraq invaded Iran in 1980 and again when it used chemical weapons against Iranian soldiers and Kurdish civilians, the U.S. refused to support sanctions against the Baghdad regime. Such special treatment likely led the Iraqi dictator to believe that appeasement would continue.

In 1990, following a dispute with Kuwait regarding debt repayment and oil policy, Iraq invaded and annexed the sheikdom. Applying enormous pressure, the senior Bush administration eventually won approval from the U.S. Congress and the UN Security Council to authorize the use of force to end Iraq’s occupation. The United States, with support from some allied governments, commenced a heavy bombing campaign in January 1991 targeting both Iraqi military forces and the country’s civilian infrastructure. The U.S.-led assault, known as Operation Desert Storm, ended six weeks later after a ground offensive liberated Kuwait from Iraqi control with minimal allied casualties but over 100,000 Iraqi deaths.

The cease-fire agreement included unprecedented restrictions against Iraq’s military and the dismantling of its weapons of mass destruction (WMDs) and their delivery systems, enforced through rigorous inspections by international monitors under the UN Special Commission on Iraq (UNSCOM). This intrusive yet innovative effort at unilateral arms control was damaged both by Iraqi evasiveness and by Washington’s abuse of UNSCOM for spying purposes.

The Iraqi regime’s severe repression against rebellious Shiites in the South and Kurds in the North immediately following the Gulf War provided a pretext for the United States and its allies to create so-called “no-fly zones” restricting Iraq’s military movements even within its borders. In addition, since early 1999 the U.S. has engaged in unauthorized air strikes on an almost weekly basis.

Alleging that Iraq has not fully complied with provisions of the cease-fire agreement, the U.S. has successfully prevented the UN from lifting sanctions. The result has been a humanitarian catastrophe, with hundreds of thousands of Iraqi civilians—primarily children—dying from malnutrition and preventable diseases resulting from the inability of Iraqis to obtain adequate food and medicine or the materials necessary to rebuild the war-damaged civilian infrastructure.

In 1993 and 1996, the U.S. engaged in a series of sustained air strikes as punitive measures against alleged Iraqi transgressions. The U.S. engaged in a heavy four-day bombing campaign in December 1998, forcing the withdrawal of UN weapons inspectors. This prompted Iraq to forbid UN inspectors from returning until September 2002, when Iraq agreed to allow inspectors from UNSCOM’s successor, the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC).

After President George W. Bush took office, the U.S. attempted to create an armed Iraqi opposition group out of disparate exile leaders, but with little success. By late 2001, official U.S. policy stipulated a “regime change” and included threats of a full-scale U.S. invasion of the country in order to install a new government more to Washington’s liking.

Problems with Current U.S. Policy

Key Problems

* A United States war on Iraq is illegal without explicit approval of the UN Security Council, and Washington’s policies of “preemption” and “regime change” violate basic principles of international law.

* The Bush administration has failed to provide evidence that Iraq threatens the United States with weapons of mass destruction or that it is linked with the Al Qaeda network.

* During the 1990s, UN inspectors succeeded in eliminating most of Iraq’s weapons of mass destruction and delivery systems.

Although the senior Bush administration assembled strong international support for the 1991 Gulf War, subsequently the U.S. has taken an increasingly unilateralist stance toward Iraq. In early 2002, the Bush administration began warning that it was not enough for Iraq simply to allow UN inspectors to return; what was required was nothing less than a “regime change” in Baghdad, imposed by invading American forces if necessary. This was the first test of a new doctrine of “preemption,” whereby the United States reserves the right to invade and overthrow any government that it deems a potential threat to U.S. interests, a position that violates the United Nations Charter and basic principles of international law developed over the past century.

Iraq still has not recovered from the 1991 war, during which it was subjected to the heaviest bombing in world history. Since the war, the U.S. has insisted that UN sanctions not be lifted until Saddam Hussein is ousted. However, other UN members originally agreed to extend the sanctions only until Iraq complied with demands to dismantle its WMD capability and address other outstanding issues from the 1991 cease-fire resolution.

Rather than encouraging popular opposition, the sanctions have resulted in an unprecedented level of poverty, and the dependence of the population on the central government for rations has further consolidated Baghdad’s grip on power. Given the serious humanitarian consequences of the sanctions, combined with their ineffectiveness, by the mid- to late-1990s most UN Security Council members supported lifting nonmilitary sanctions altogether. The United States has blocked such efforts, though the sanctions were modified.

By the time Iraq agreed to a return of UN inspectors in September 2002, WMDs were only one of a litany of issues raised by the Bush administration to justify an invasion. Many of Washington’s accusations—including human rights abuses, violations of UN Security Council resolutions, and the harboring of terrorists—were either gross exaggerations or were not unique to Iraq. The latest report by the International Atomic Energy Agency in 1998 declared that Iraq’s nuclear capability had been completely dismantled. According to some UNSCOM inspectors, 95% of the country’s chemical weapons were accounted for and destroyed. Much of the biological weaponry has also been destroyed; there is some debate over how much remains or has since been developed. And whatever remaining functional ballistic missiles Iraq may have capable of delivering WMDs are of dubious reliability and probably number less than two dozen.

The Bush administration has also been unable to explain what might motivate this impoverished third world country either to launch a first strike against the world’s one remaining superpower or to pass on such precious technology to a terrorist group it could not control. Saddam Hussein has repeatedly valued his survival in power above all else, and he knows that any attack against the United States or its allies would be suicidal. Yet despite the absence of any direct evidence that Iraq has weapons of mass destruction, a means of deploying them, or the motivation to launch a suicidal offensive use of such weaponry, the Bush administration still maintains that the Iraqi regime is an intolerable threat to American security and must be overthrown.

Iraq is in clear violation of some sections of UN Security Council Resolution 687 as well as subsequent resolutions reiterating demands for Iraqi disarmament and related concerns. However, only the UN Security Council has the prerogative to authorize military responses to violations of its resolutions; no single member state can do so unilaterally. A unilateral U.S. invasion, therefore, would be a clear violation of international law. Moreover, as in most wars, innocent civilians will suffer the most.

Despite efforts to link Iraq to the ongoing war against terrorism, the Bush administration has been unable to show any firm evidence that the strongly secular Baathist regime is supporting the Islamic fundamentalist Al Qaeda network. Ironically, when Iraq was most active in its support of international terrorism during the 1980s—bankrolling the now-defunct Abu Nidal group and other radical secular nationalists—the U.S. dropped Iraq from its list of states sponsoring terrorism. Today, Iraq is back on the list, although the State Department’s most recent report on international terrorism failed to find any direct Iraqi support for terrorist activities.

In contrast to the 1991 Gulf War to liberate Kuwait, today there is virtually no support within the Arab or Islamic world for a U.S. invasion of Iraq. Indeed, such an attack could result in an outburst of anti-American protests and extremist violence, possibly threatening a number of pro-Western regimes. Furthermore, a U.S. invasion of Iraq would meet with far greater resistance than during the Gulf War: rather than facing poorly trained conscripts in flat open desert, American forces could end up fighting loyal, heavily armed elite units in the densely populated center of the country.

Finally, U.S. double standards have greatly harmed American credibility in the region. Most Arabs and many others around the world question why Washington insists on singling out Iraq for its alleged possession of WMDs while raising no objections to such allies as Israel and Pakistan developing nuclear weapons and sophisticated missile systems. This is particularly duplicitous, given that UN Security Council Resolution 687, which the U.S. claims to be enforcing through the sanctions and bombing, calls for “establishing in the Middle East a zone free from weapons of mass destruction and all missiles for their delivery.”

Toward a New Foreign Policy

Key Recommendations

* The U.S. must end its threats of an invasion of Iraq, support the return of UN weapons inspectors, and return to working within a multilateral framework.

* To maintain credibility in curbing potential Iraqi threats to peace and stability, the U.S. must support arms control and UN Security Council resolutions throughout the region rather than singling out Iraq.

* The U.S. must support the lifting of economic sanctions against Iraq’s civilian population. A credible democratic opposition movement capable of ousting Saddam Hussein’s regime will more likely emerge if sanctions are lifted and outside intervention is kept at a minimum.

The Bush administration must drop its illegal doctrines of “preemptive strike” and “regime change,” support the return of UN weapons inspectors, and work to build genuine multilateral coalitions and decisionmaking. The most effective means of preventing any potential deployment or use of WMDs is to support unfettered access for UNMOVIC inspectors in Iraq, which would be impossible during a military attack.

Washington must pledge to enforce other outstanding UN Security Council resolutions and not simply single out Iraq. As long as the United States allows allied regimes to flout UN Security Council resolutions, any sanctimonious insistence for strict compliance by the Iraqi government will simply be dismissed as hypocritical and mean-spirited, whatever the merit of the actual charges.

In a similar vein, the United States must support a comprehensive arms control plan for the region, including the establishment of a zone in the Middle East where all weapons of mass destruction are banned. Such an agreement would halt the U.S. practice of transporting nuclear weapons into the region on its planes and ships and would force Israel to dismantle its sizable nuclear arsenal. This more holistic approach to nonproliferation might include, for example, a five-year program affecting not just Iraqi missiles but phasing out Syrian, Israeli, and other countries’ missiles as well.

As with its highly selective insistence on the enforcement of UN Security Council resolutions, the double standards in U.S. policy render even the most legitimate concerns about Iraqi weapons development virtually impossible to successfully pursue. If Iraq is truly a threat to regional security, there must be a comprehensive regional security regime worked out between the eight littoral states of the Persian Gulf. The U.S. should support such efforts and not allow its quest for arms sales and oil resources to unnecessarily exacerbate regional tensions. In addition, the United States should withdraw its ground forces from the Persian Gulf, since the U.S. military presence—aimed largely at Iraq—has not contributed to the security of the region and has led to an anti-American backlash, most dramatically in the form of the Al Qaeda terrorist network.

Washington should continue to support a strict UN arms embargo on Iraq and closely monitor potential dual-use technologies. However, the U.S. should join the growing number of countries in the Middle East and around the world calling for a lifting of the economic sanctions that have brought so much suffering to Iraqi civilians. The Bush administration should promise to no longer block the lifting of economic sanctions once the UN secretary-general recognizes that Baghdad is in effective compliance with Security Council resolutions. The United States, in consultation with other members of the Security Council, needs to clarify the positive responses that Iraq can expect in return for specific improvements in its behavior.

International guarantees protecting the oppressed Kurds of northern Iraq are necessary. However, this should not be taken as an excuse for ongoing punitive air strikes, which perpetuate the sad history of using Kurds as pawns in international rivalries. Comprehensive initiatives for a just settlement of the Kurdish question—including the oppressed Kurdish minorities in Turkey and other countries—should be pursued by the international community.

Finally, there needs to be a greater understanding by U.S. policymakers of Iraqi politics and society, which Washington not only lacks but appears to have done little to improve upon. Most successful changes of regime in recent years have come from internal, nonviolent, popular movements.

Although there is nothing inherently wrong with the United States or other countries supporting democratic opposition movements against autocratic regimes, the U.S. has so thoroughly destroyed its credibility that little good can result from actively supporting an Iraqi opposition movement, particularly given its weakness and internal divisions. In particular, support for any kind of internal military resistance is not only futile but would give the Iraqi regime an excuse to crack down even harder against the country’s already-oppressed people. The lifting of economic sanctions, a cessation of the bombing, and an end to the threat of an invasion, offers the best hope of some kind of organized opposition emerging. However, to be successful, it must be seen as a genuinely indigenous force, not the creation of yet another ill-fated intervention by Western powers.

http://www.fpif.org/reports/us-iraq_on_the_war_path

Why Not to Wage War with Iraq

Despite growing opposition, the Bush administration is pushing for a U.S. invasion of Iraq. Before the public and Congress allow such a dangerous and unprecedented use of American military power, they should seriously consider the following:

1. A War Against Iraq Would Be Illegal

The United Nations Security Council resolution authorizing the use of force against Iraq in 1990 applied only to the enforcement of previous resolutions calling for an Iraqi withdrawal from Kuwait, nothing more. Iraq remains in violation of some subsequent resolutions, but the United Nations has not authorized the use of force to enforce them. Without the explicit authorization of the UN Security Council or an attack by Iraq against the United States or its allies, a war against Iraq would be illegal.

2. There Is No Hard Evidence Linking Saddam Hussein to Al Qaeda

Reports of an alleged meeting in Prague between an Iraqi intelligence officer and one of the hijackers of the doomed airplanes that crashed into the World Trade Center have been investigated by the FBI, the CIA, and Czech intelligence and were found groundless. None of the hijackers were Iraqi, no major figure in Al Qaeda is Iraqi, and no funds to Al Qaeda have been traced to Iraq. Secretary of Defense Donald Rumsfeld has provided no evidence for his assertion that important Al Qaeda operatives are in Iraq under Saddam Hussein’s protection. Despite the regime’s occasional use of Islamist rhetoric, the decidedly secular ruling Baath party in Baghdad and the Islamic fundamentalist Al Qaeda have long been in vehement opposition to one another. The State Department’s latest annual study, Patterns of Global Terrorism, 2001, did not list any acts of international terrorism linked to the government of Iraq.

3. There Is No Firm Proof that Iraq Is Developing Weapons of Mass Destruction

Iraq has certainly developed weapons of mass destruction in the past, but there is no evidence it has such weapons now. The International Atomic Energy Agency has categorically declared that Iraq no longer has a nuclear program. UNSCOM–the UN monitoring mission in Iraq–reportedly destroyed at least 95% of Iraq’s chemical weapons capability. The state of Iraq’s biological weapons capability is less clear, but virtually all of Iraq’s medium-range missiles and other delivery systems have been accounted for and destroyed. Iraq’s development of weapons of mass destruction in the 1980s was made possible in large part by the importation of key components from the United States and other industrialized countries. This can no longer be done due to the sanctions. Furthermore, Saddam Hussein has demonstrated that he cares first and foremost about his own survival, and he presumably recognizes that any effort to use weapons of mass destruction or to pass them on to a terrorist group would inevitably lead to his own destruction. However, with nothing to lose in the event of a U.S. invasion, the likelihood of Saddam ordering the use of any weapons of mass destruction he may have at his disposal would dramatically increase.

4. Regional Allies Widely Oppose a U.S. Attack

The 1991 Gulf War was widely viewed as an act of collective security in response to aggression by Iraq against Kuwait and therefore had the support of several important Arab allies. This would not be the case, however, in the event of a new war against Iraq. At the Beirut summit of the Arab League in March, the Arab nations–including Kuwait–unanimously endorsed a resolution opposing an attack against Iraq. In the event of a U.S. invasion of Iraq, there would likely be an outbreak of widespread anti-American protests, perhaps even attacks against American interests. Some pro-Western regimes could become vulnerable to internal radical forces as part of such a reaction.

5. Iraq Is No Longer a Significant Military Threat to Its Neighbors

Iraq’s offensive capabilities have been severely weakened by years of bombings, sanctions, and UN-sponsored decommissioning. Its current armed forces are barely one-third their pre-Gulf War strength. Iraq’s navy is virtually nonexistent, and its air force is just a fraction of what it was before the war. Military spending by Iraq has been estimated at barely one-tenth of its level in the 1980s, and the belief is that the country has no more functioning missiles. None of Iraq’s immediate neighbors have expressed any concern about a possible Iraqi invasion in the foreseeable future. The Bush administration has been unable to explain why today, when Saddam Hussein has only a tiny percentage of his once-formidable military capability, Iraq is considered such a threat that it is necessary to invade the country and replace its leader–the same leader that Washington quietly supported during the peak of Iraq’s military capability.

6. There Are Still Nonmilitary Options Available

The best way to stop the potential of Iraq developing weapons of mass destruction would be through resuming United Nations inspections, which–despite episodes of Iraqi noncooperation and harassment–have been largely successful. It was Washington’s ill-considered decision to misuse the inspection teams for spying operations and the decision to engage in an intense four-day bombing campaign against Iraq in December 1998 that led Saddam Hussein to cease his cooperation completely. The Iraqi regime has since expressed a willingness to allow the inspections to resume, but the Bush administration has shown little interest in pushing for a resumption of inspections, declaring its intention to invade anyway. In addition, there is no reason why the current emphasis on deterrence could not continue to work, particularly given the strict sanctions already in place on imports of technologies that could be used for weapons production.

7. Defeating Iraq Would Be Militarily Difficult

The U.S.-backed Iraqi opposition is almost exclusively in exile. There is no equivalent of Afghanistan’s Northern Alliance to lead the fight on the ground. U.S. forces would have to march on Baghdad, a city of over five million people, virtually alone. Iraq’s defensive military capabilities are still strong, since the regime’s elite forces–which avoided conflict during the Gulf War and left poorly trained conscripts to do the fighting–are still intact. Unlike the Gulf War, which involved conventional and open combat on a flat desert that allowed U.S. forces to take full advantage of their superior firepower and technology, U.S. soldiers would have to fight their way through heavily populated agricultural and urban areas. To minimize American casualties in the face of such stiff resistance, which would largely come from within crowded urban areas, the United States would likely engage in heavy bombing of Iraqi residential neighborhoods, resulting in very high civilian casualties.

http://www.fpif.info/fpiftxt/442

Fallacies of U.S. Plans to Invade Iraq

There is no evidence of Iraqi links to Al Qaeda

In the months following the September 11 terrorist attacks, there were leaks to the media about alleged evidence of a meeting in Prague between an Iraqi intelligence officer and one of the hijackers of the doomed airplanes that crashed into the World Trade Center. Subsequently, however, both the FBI and CIA have declared that no such meeting occurred. It is unlikely that the decidedly secular Baathist regime–which has savagely suppressed Islamists within Iraq–would be able to maintain close links with Bin Laden and his followers. Saudi Prince Turki bin Faisal, his country’s former intelligence chief, noted how Bin Laden views Saddam Hussein “as an apostate, an infidel or someone who is not worthy of being a fellow Muslim.” Much of the money trail for Al Qaeda comes from U.S. ally Saudi Arabia; none has been traced to Iraq. Fifteen of the nineteen hijackers were Saudi; none were Iraqi. Admitting that there was no evidence of direct links between Iraq and Al Qaeda, the best that CIA Director George Tenet could come up with in testimony before Congress was that the “mutual antipathy” the two have for the U.S. “suggests that tactical cooperation between the two is possible.” Most observers consider this to be an extraordinarily weak justification for war.

Iraq’s past terrorist links have primarily been limited to such secular groups as Abu Nidal, a now largely defunct Palestinian group. At the height of Iraq’s support of Abu Nidal in the early 1980s, the U.S. dropped Iraq from its list of countries that supported terrorism in order to support Iraq’s war effort against Iran. (Baghdad was reinstated only after the Iraqi invasion of Kuwait, despite a lack of evidence of increased ties to terrorism.) A recent CIA report indicates that the Iraqis have actually been consciously avoiding any actions against the U.S. or its facilities abroad.

The military threat from Iraq is greatly exaggerated

The American obsession with Iraq’s potential threat to the Middle East region during the past decade is weakened by the fact that Iraq’s military, including its real and potential weapons of mass destruction, was significantly stronger in the late 1980s than it is today. Iraqi dictator Saddam Hussein was once a real threat when he had his full complement of medium-range missiles, a functioning air force, and a massive stockpile of chemical and biological weaponry and material. Yet, from the Carter administration through the Reagan administration through the first half of the senior Bush administration, the U.S. dismissed any potential strategic Iraqi threat to the point of coddling Saddam’s regime with overt economic subsidies and covert military support.

Today, in the aftermath of the 1991 Gulf War and the subsequent inspections regime, virtually any aggressive military potential by Iraq has been destroyed. Before the United Nations Special Commission (UNSCOM) was withdrawn, its agents reportedly oversaw the destruction of 38,000 chemical weapons, 480,000 liters of live chemical weapons agents, 48 missiles, six missile launchers, 30 missile warheads modified to carry chemical or biological agents, and hundreds of pieces of related equipment with the capability to produce chemical weapons. In late 1997, UNSCOM Director Richard Butler reported that UNSCOM had made “significant progress” in tracking Iraq’s chemical weapons program and that 817 of the 819 Soviet-supplied long-range missiles had been accounted for. There were also believed to be a couple dozen Iraqi-made ballistic missiles unaccounted for, but these were of questionable caliber.

Iraq’s current armed forces are barely one-third their pre-war strength. Even though Iraq has not been required to reduce its conventional forces, the destruction of its weapons and the country’s economic difficulties have led to a substantial reduction in men under arms. The Navy is virtually nonexistent, and the Air Force is just a fraction of what it was before the war. Military spending by Iraq is barely one-tenth of its levels in the 1980s. Why then, beginning in late 1997, when Iraq had only a tiny percentage of its once-formidable military capability, did the U.S. suddenly begin to portray Iraq as an intolerable threat? It is no surprise, under these circumstances, that so many Americans, rightly or wrongly, suspected President Clinton of manufacturing the crisis to distract the American public from the sex scandal surrounding his office. Indeed, the December 1998 bombing began on the very day of his scheduled impeachment by the House of Representatives, which, in response, postponed the vote.

Though in the past Iraq certainly produced both chemical and biological agents, the U.S. has never been able to present any credible evidence that Iraq currently has biological weapons or other weapons of mass destruction. Early UNSCOM inspections revealed evidence of the production of large amounts of biological agents, including anthrax, and charged that Iraq had vastly understated the amount of biological warfare agents it had manufactured. In response, UNSCOM set up sophisticated monitoring devices to detect chemical or biological weapons, though these were dismantled after the bombing raids of December 1998. Even in the unlikely event that Iraq was able and willing to engage in the mass production or deployment of nuclear or chemical weapons, these weapons would almost certainly be detected by satellite and air reconnaissance and destroyed in air strikes. Iraq continues to allow inspections of its nuclear facilities by the International Atomic Energy Agency, which has reported that there is no evidence of renewed nuclear weapons development.

The development of biological weapons, by contrast, is much easier to conceal due to the small amount of space needed for their manufacture. However, there are serious questions as to whether the alleged biological agents could be dispersed successfully in a manner that could harm troops or a civilian population, given the rather complicated technology required. For example, a vial of biological weapons on the tip of a missile would almost certainly be destroyed on impact or dispersed harmlessly. Frightening scenarios regarding mass fatalities from a small amount of anthrax assume that the Iraqis have developed the highly sophisticated means of distributing these bioweapons by missile or aircraft. To become a lethal weapon, highly concentrated amounts of anthrax spores must be inhaled and then left untreated by antibiotics until the infection is too far advanced. Similarly, the winds would have to be just right, no rain could fall, the spray nozzles could not clog, the population would need to be unvaccinated, and everyone would need to stay around the area targeted for attack. This is why unknown terrorists sent spores through the mail to indoor destinations in the eastern U.S. during the fall of 2001. Even this relatively efficient means of distribution resulted in only a handful of deaths.

It is also hard to imagine that an Iraqi aircraft, presumably some kind of drone, could somehow penetrate the air space of neighboring countries, much less far-off Israel, without being shot down. Most of Iraq’s neighbors have sophisticated antiaircraft capability, and Israel has the most sophisticated regional missile defense system in the world. Similarly, as mentioned above, there is no evidence that Iraq’s Scud missiles and launchers even survived the Gulf War. Indeed, UNSCOM reported in 1992 that Iraq had neither launchers for their missiles nor engines to power them. As British scientist Julian Robinson put it: “To say they [UNSCOM] have found enough weapons to kill the world several times over is equivalent to the statement that a man who produces a million sperm a day can thus produce a million babies a day. The problem in both cases is one of delivery systems.”

Israeli military analyst Meir Stieglitz, writing in the Israeli newspaper Yediot Ahronot, noted that “there is no such thing as a long-range Iraqi missile with an effective biological warhead. No one has found an Iraqi biological warhead. The chances of Iraq having succeeded in developing operative warheads without tests are zero.”

Although Iraq’s potential for developing weapons of mass destruction should not be totally discounted, Saddam’s lack of full cooperation with the inspections regime prior to the December 1998 bombings–and his subsequent outright refusal to cooperate at all–was more likely a desperate power play by a weakened tyrant than an indication that Iraq was hiding anything potentially threatening to its neighbors. UNSCOM has been unable to surface any evidence that Iraq has been concealing prohibited weapons since October 1995. Saddam’s goal, more likely, was to provoke a reaction by the U.S. in order to capitalize on widespread Arab resentment over Washington’s double-standard obsession with the possibility of Arab countries procuring weapons of mass destruction while tolerating Israel’s nuclear arsenal.

A far more likely scenario for an Iraqi distribution of biological agents would be through terrorists smuggling them clandestinely into targeted countries. This is what led to some initial speculation, now considered very doubtful, that the Iraqis were behind the anthrax mail attacks during the fall of 2001. To prevent such a scenario requires aggressive counterintelligence efforts by the U.S. and other potentially targeted nations, but this type of terrorism is not likely to be prevented by a bombing campaign. Indeed, the ongoing sanctions regime and military strikes are more likely to encourage rogue elements of Iraqi intelligence or an allied terrorist group to engage in such an attack as an act of revenge for the heavy Arab casualties resulting from Washington’s policies.

Part of the problem is that the U.S. has not offered any incentive for Iraq to allow inspections to resume. From the outset, Washington made it clear that even total cooperation with UNSCOM would not lead to an end to the sanctions. The senior President Bush’s National Security Advisor Robert Gates stated: “Iraqis will be made to pay the price while Saddam Hussein is in power. Any easing of sanctions will be considered only when there is a new government.” Similarly, Secretary of State Albright noted: “We do not agree with those nations who argue that if Iraq complies with its obligations concerning weapons of mass destruction, sanctions should be lifted.” President Clinton, in reference to Saddam Hussein’s continued rule, declared, “Sanctions will be there until the end of time, or as long as he [Hussein] lasts.” While testifying before the Senate Foreign Relations Committee in March 2002, Secretary of State Colin Powell said that if Iraq let weapons inspectors back in, he could only say that the U.S. “may look at lifting sanctions.” Even without a resumption of inspections, relying on existing systems of air patrols and satellite surveillance–which ensure that Iraq cannot build any large weapons plants without them being detected and presumably destroyed–seems far less risky than an all-out war.

U.S. officials have admitted that there is no evidence that Iraq has resumed its chemical and biological weapons programs. Scott Ritter, a former U.S. Marine officer who had criticized the Clinton administration’s alleged lack of resolve in pushing Iraq to open up its inner sanctums, responded to a query on a television talk show in 2001 about Iraq’s potential threat to the U.S. by saying:

“In terms of military threat, absolutely nothing. His military was devastated in 1991 in Operation Desert Storm and hasn’t had the ability to reconstitute itself … In terms of weapons of mass destruction, … we just don’t know. We know that we achieve a 90% to 95% level of disarmament. There’s stuff that’s unresolved, and until we get weapons inspectors back into Iraq, that will remain a problematic issue …. Diplomatically, politically, Saddam’s a little bit of a threat. In terms of a real national security threat to the United States, no, none. … We should be trying to get weapons inspectors back into Iraq, so that we can ascertain exactly what’s transpiring in Iraq today instead of guessing about it.”

A war against Iraq would be illegal

The conflict regarding access for UN inspectors and Iraq’s weapons of mass destruction has always been between the Iraqi government and the United Nations, not between Iraq and the United States. Though UN Security Council Resolution 687 (the resolution passed in March 1991 which specified Iraq’s disarmament requirements) was the most detailed in the world body’s history, no enforcement mechanisms were specified. Enforcement is a matter for the UN Security Council as a whole, a normal procedure when governments violate all or part of such resolutions. According to articles 41 and 42 of the United Nations Charter, no member state has the right to enforce any resolution militarily unless the UN Security Council determines that there has been a material breach of its resolution, decides that all nonmilitary means of enforcement have been exhausted, and then specifically authorizes the use of military force. This is what the Security Council did in November 1990 with Resolution 678 in response to Iraq’s ongoing occupation of Kuwait, but every U.S. attack against Iraq since Iraq’s withdrawal from Kuwait has been illegal. Indeed, these attacks create a very dangerous precedent. Following the U.S. example, Russia could claim the right to attack Israel, France could claim the right to attack Turkey, and Great Britain could claim the right to attack Morocco, simply because those governments, like Iraq, are in violation of UN Security Council resolutions. The U.S. insistence on the right to attack unilaterally has effectively undermined the principle of collective security and the authority of the United Nations and could encourage international anarchy.

International law is quite clear about when military force is allowed. In addition to the aforementioned case of UN Security Council authorization, the only other time that any member state is allowed to use armed force is described in Article 51, which states that it is permissible for “individual or collective self-defense” against “armed attack. … until the Security Council has taken the measures necessary to maintain international peace and security.” If Iraq’s neighbors or the U.S. had felt threatened by Saddam Hussein’s armed forces, any of these countries could have approached the Security Council and made their case as to why their security was threatened. Iraq’s neighbors have not done so subsequent to 1991, apparently because they have not felt threatened. The U.S. has not done so, because such a claim would be seen as ludicrous and, as a result, would have virtually no support in the Security Council.

Defeating Iraq would be militarily difficult

The U.S. would be mistaken to think that defeating Iraq would be as easy as routing the ragtag band of tribesman that constituted the Taliban. Though Iraq’s offensive capabilities have been severely weakened by the bombings, sanctions, and UNSCOM-sponsored decommissioning, its defensive military capabilities are still strong.

A military victory today would not be as easy as during the Gulf War, either. Prior to the launching of Operation Desert Storm, when the Iraqis figured out the extent of the forces being deployed against them, they decided not to put up a fight for Kuwait and relied mostly on young conscripts from minority communities, many of whom were literally chained to their positions. Only two of the eight divisions of the elite Republican Guard were ever in Kuwait, and they pulled back before the war began in mid-January. The vast majority of Iraq’s strongest forces were withdrawn to areas around Baghdad to fight for the survival of the regime itself. In the event of war, defections from these units are not likely. There are close to one million members of the Iraqi elite who have a vested interested in the regime’s survival. These include the Baath Party leadership and its supporters, security and intelligence personnel, and core elements of the armed forces and their extended families.

Nor is there an equivalent to Afghanistan’s Northern Alliance, which did the bulk of the ground fighting against the Taliban. The Kurds, after being abandoned twice by the U.S., are unlikely to fight beyond securing autonomy for Kurdish areas. The armed Shiite opposition has largely been eliminated, and it too would be unlikely to fight beyond liberating the majority Shiite sections of southern Iraq. The U.S. would be reluctant to support either, given that their success would fragment the country and would encourage both rebellious Kurds in southeastern Turkey and restive Shiites in northeastern Saudi Arabia. U.S. forces would have to march on Baghdad, a city of over five million people, virtually alone. Unlike the Gulf War, which was conventional and open combat, where U.S. forces could excel and take full advantage of their firepower and technological superiority, U.S. soldiers would have to fight their way through heavily populated agricultural and urban lands. Invading U.S. forces would be faced with bitter, house-to-house fighting in a country larger than South Vietnam. Iraqis, who may have had little stomach to fight to maintain their country’s conquest of Kuwait, would be far more willing to sacrifice themselves to resist a foreign Western invader.

The U.S. has virtually no support from regional allies

During the Gulf War, the U.S. was able to repel even greater criticism than it might have otherwise received, because it had the support of major segments of the international community, including several Arab states. This would not be the case, however, in the event of a new war against Iraq, which would not be seen as a response to an attack on the U.S. or an act of aggression against an ally. Instead, Washington’s actions would be seen as an unprovoked invasion. Unlike in 1991, when most of the region supported–and even contributed to–the U.S.-led war effort or were at least neutral, Arab opposition is strong today. Mustapha Alani, a Middle East specialist with the Royal United Services Institute in London noted that “This is a very sensitive issue for them. Liberating Kuwait is a legitimate objective, but toppling regimes is completely different.” Saudi Crown Prince Abdullah has warned that the U.S. “should not strike Iraq, because such an attack would only raise animosity in the region against the United States.” When Vice President Dick Cheney visited the Middle East in March, every Arab leader made clear his opposition. At the Beirut summit of the Arab League at the end of the month, the Arab nations unanimously endorsed a resolution opposing an attack against Iraq.

Even Kuwait has reconciled with Iraq. In March 2002, Iraq and Kuwait signed a document written by Kuwaiti Foreign Minister Sheik Sabah al Ahmed al Jabbar al Sabah in which Iraq, for the first time, formally consented to respect the sovereignty of Kuwait. Sabah declared that his country was 100% satisfied with the agreement, and Kuwait reiterated its opposition to a U.S. invasion of Iraq. Saudi Arabia’s Crown Prince Abdullah called the pact a “very positive achievement” and expressed confidence that Iraq would uphold the agreement. However, rather than welcoming this breakthrough, State Department spokesman Richard Boucher declared that the U.S. was “profoundly skeptical” of the accord.

In the event of a U.S. invasion of Iraq, this lack of regional support would have more than just political implications. Without a land base from which to launch its aerial attacks, the U.S. would have to rely exclusively on Navy jets launched from aircraft carriers. Without permission to launch aerial refueling craft, even long-range bombers from U.S. air bases might not be able to be deployed. It is hard to imagine being able to provide the necessary reconnaissance and surveillance aircraft under such circumstances, and the deployment of tens of thousands of troops from distant staging areas could be problematic as well.

Finally, there is the question of what happens if the U.S. in successful in overthrowing Saddam Hussein’s regime. As is becoming apparent in Afghanistan, throwing a government out is easier than putting a new one together. America’s Arab allies have expressed concern that an Iraq without a strong central government could disintegrate into Shia Arab, Sunni Arab, and Kurdish ministates. As the European Union’s external affairs chief Chris Patten warned: “The Afghan war perhaps reinforced some dangerous instincts: that the projection of military power is the only basis of true security; that the U.S. can rely on no one but itself; and that allies may be useful as optional extras.”

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