-Caveat Lector-

http://news.findlaw.com/politics/s/20020821/bushiraqdoctrinedc.html

Wednesday, Aug. 21, 2002

Iraq Invasion Would Reshape U.S. Foreign Policy

By Alan Elsner, National Correspondent

WASHINGTON (Reuters) - A U.S. invasion of Iraq to topple Saddam Hussein
would mark a radical break in U.S. foreign policy, from a Cold War doctrine
of deterrence and containment to one of launching aggressive first strikes
against potential future threats.

"The United States has considered preemptive strikes in the past. There was
much talk in the early days of the Cold War of a preemptive attack against
the Soviet Union. However invading Iraq would be a radical break with the
past if they actually went ahead and did it," said Michael Sherry, a
historian at Northwestern University in Chicago.

Whether or not President Bush orders an invasion, he has already laid the
intellectual groundwork for what he called a doctrine of "preemption" in a
speech at West Point on June 1, a doctrine that grew out of the attacks on
the World Trade Center and the Pentagon last Sept. 11.

Bush argued that the spread of chemical, biological and nuclear weapons,
along with ballistic missile technology, gave even weak states and small
groups not connected to a country the power to inflict catastrophic damage
on major powers.

Deterrence, he said, meant nothing against "shadowy terrorist networks"
while containment would not work against "unbalanced dictators with weapons
of mass destruction."

"Our security will require all Americans to be forward-looking and resolute,
to be ready for preemptive action when necessary to defend our liberty and
to defend our lives," Bush declared.

According to former Secretary of State Henry Kissinger, such an approach
would challenge the international system established by the 1648 Treaty of
Westphalia, which laid down the principal of nonintervention in the domestic
affairs of other states, although that principal has perhaps been more often
honored in the breach than in the observance.

More immediately, it would run counter to modern international law, which
sanctions the use of force in self-defense only against actual and not
potential threats.

Still, Kissinger has said in recent newspaper articles and interviews, an
attack against Iraq could be justified because the threat of Saddam
developing biological or nuclear weapons and then either using them himself
or handing them to a terrorist group was overwhelming.

But opposition to the doctrine of preemption is also growing. Sen. Charles
Hagel, a Nebraska Republican, said it would go against two centuries of U.S.
foreign policy practice and could tempt other nations to follow the U.S.
example by striking out against their enemies without provocation.

"India hitting Pakistan, maybe Israel striking out," Hagel said Sunday on a
television news program. "A lot of uncontrollable and unintended
consequences could well flow from this."

But Purdue University political scientist Keith Shimko said it was naive to
assume that other nations would launch wars just because the United States
did so.

"I don't worry about that too much. Nations do what they perceive as being
in their interests, weighing the costs and benefits, and then find arguments
to justify it," he said.

Brent Scowcroft, who was national security adviser to Bush's father during
the 1991 Gulf War, predicted that the United States would lose most of its
allies in Bush's "war against terrorism" if it launched a pre-emptive strike
against Iraq and that it would likely prompt Saddam to unleash whatever
weapons of mass destruction he possessed against Israel.

'MIDEAST ARMAGEDDON'

"This time ... he might succeed, provoking Israel to respond, perhaps with
nuclear weapons, unleashing an Armageddon in the Middle East," Scowcroft
said in a Wall Street Journal opinion piece last week.

In fact, the kind of attack Bush is contemplating is more precisely
described as a "preventive" rather than a "preemptive" strike.

The distinction matters, said Robert Gray, North American editor of Defense
and Security Analysis magazine. He explained that a preemptive strike, like
that launched by Israel against Egypt in 1967, is intended to forestall an
immediate threat. But no such threat to the United States can be
demonstrated from Iraq.

A preventive strike, such as the Israeli air raid that destroyed an Iraqi
nuclear reactor in 1981, is intended to avert what may be a more theoretical
longer-term danger.

At the time, the United States vigorously condemned the Israeli raid, as did
its allies. Now, it is contemplating a far more massive military action, not
simply to knock out a single installation but to change an entire society.

"The breadth of this doctrine is breathtaking, going far beyond any claim
made by previous American governments. None of our military interventions
since World War II has required such a wrenching revision of international
law," Yale University law professor Bruce Ackerman wrote in The Washington
Post on Sunday.

Some disagree, saying that the United States has often intervened covertly
in other countries to bring down governments it found objectionable. The
only difference this time would be the scale of the intervention.

For example, in 1953 and 1954, the CIA engineered coups in Iran and
Guatemala to expel popular leaders. The effects of those actions are
arguably still being felt by the populations of those nations today.

"Meddling in the internal affairs of other nations, mainly but not
exclusively in Latin America, is deeply ingrained in American history. It
has been a record of great arrogance but not of great success for the fates
of those countries," said American University historian Allan Lichtman.

--------
Copyright © Reuters 2002.
All rights reserved.

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