-Caveat Lector-

-----Original Message-----
From: International Justice Watch Discussion List
[mailto:[EMAIL PROTECTED]]
On Behalf Of Damato, Anthony A
Sent: Tuesday, September 10, 2002 8:20 AM
To: [EMAIL PROTECTED]
Subject: Regime Change in Iraq?


International lawyers must have made some headway with Rumsfeld, Cheney,
Rice, and Bush in the past week.  The latter had been saying they wanted a
regime change in Iraq.  In my view, that goal comes perilously close to
installing a satellite regime in Iraq, or in other words, de facto
annexation.  In that perspective, the US action would come very close to
committing the international crime of aggression.  So, I'm pleased to see
the Bush administration is rapidly backpedaling.  The most recent
statement, as I write this, is a UPI report by William Reilly, published on
the internet at 9/9/2002 9:41 PM.  Reilly says: "President Bush Monday told
world leaders it will be the responsibility of the whole international
community, rather than the United States, to determine what kind of regime
should replace Iraqi President Saddam Hussein if his government is toppled
by U.S. military action, European diplomats told United Press
International."  (For those who think that international law has little
effect on US policies, just read between the lines.  The Bush team does not
want to be branded as war criminals.  So they have to explicitly disavow
aggressive intent against Iraq.  That is the meaning of this change in the
administration's position, which we are told will be fleshed out in
President Bush's speech to the United Nations this Thursday.)

In that general connection, you may have seen a brief letter of mine,
published recently in the NY Times, linking any attack on Iraq with
responsibility for the negligent commission, by our troops, of war crimes
against the Iraqi people.  If there are too many "negligent" war crimes,
such as too many mosques and waterworks being bombed, my inference is that
the commanders are legally responsible.  My own preference, for what it's
worth, is that Iraq should be given an ultimatum: either let the UN
inspectors in and let them roam around, or we'll target all the WMD areas
we suspect and take them all out.  But even if you think my position is too
hawkish, it's a far cry from saying we should bomb Baghdad, topple Hussein,
and replace him with a complacent new government, all the while overlooking
"collateral" damage to civilians.


Tony D'Amato
http://anthonydamato.law.northwestern.edu/

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