I. Introduction

Following the events of September 11, 2001, the United States re-examined the threats posed by rogue states, among which was the nation of Iraq. It was argued that Iraq, under the dictatorship of Saddam Hussein, posed a significant risk to international peace and American national security. President George Bush led the call for the use of force to achieve regime change, with the ultimate goal of establishing a free and stable Iraq that did not present a danger to the United States or the international community.

The justification for the use of force against Iraq can be divided into two classifications: the threat Iraq posed to the national security of the United States, and Iraq's failure to comply with United Nations Security Council resolutions. While proving that Iraq represented a direct threat to the United States would be a difficult – and largely hypothetical – argument, the Bush administration provided Congress with explicit reasons stating precisely why it was necessary that the United States remove Saddam Hussein from power. Among the reasons provided by the President and his staff were the failure of Iraq to respond to diplomatic efforts and the violations of United Nations Security Council Resolutions.

II. The No-Fly Zones

Following the Gulf War, the United Nations passed a large number of resolutions regarding Iraq. These Security Council Resolutions ("UNSCR") imposed sanctions, called for weapons inspectors, created the oil-for-food program, and demanded that Iraq cooperate with humanitarian organizations in the region. However, due to the nature of the United Nations, these resolutions were largely statements of the international community's position on Iraq, rather than initiations of action. Utilizing these resolutions as symbols of overwhelming international support, the United States, beginning with the cease-fire in April of 1991 (declared by UNSCR 687) and with the support of France and the United Kingdom, imposed no-fly zones in both northern and southern Iraq. UNSRC 688, which called for "...all Member States...to contribute to these humanitarian relief efforts [inside Iraq]," provided further justification for these restrictions on Iraqi military movements; it was argued that they were necessary in order to insure the safety of aid workers and the security of the oppressed Kurd and Shiite populations.^[1]

Starting with the cessation of Operation Desert Storm, the United States and United Kingdom began Operation Provide Comfort to protect the Kurds in northern Iraq. In 1992, Operation Southern Watch began, which aimed to defend the Shiite population in the south. Together, these no-fly zones covered sixty percent of Iraqi airspace.^[2] Provide Comfort was eventually replaced with Operation Northern Watch in 1997, and Southern Watch became Southern Focus in 2002 (both no-fly zones became irrelevant when the United States invaded Iraq in March of 2003). Throughout all these operations, allied aircraft came under fire from Iraqi anti-aircraft guns on an almost daily basis.^[3]

In response to this aggression, as well as Iraqi interference and non-compliance with UNSRCs, the United States launched Operation Desert Fox in December of 1998. It was during this action that the United States established a policy of working toward regime change in Iraq. Section three of the Iraq Liberation Act states, "It should be the policy of the United States to support efforts to remove...Saddam Hussein from power...and to promote the emergence of a democratic government to replace that regime."^[4] The act further allows the president to provide financial assistance to any non-militant group in Iraq working to remove Saddam Hussein from power. At that time, the sentiment of the American people did not favor an invasion of Iraq, and the bill explicitly states that, "Nothing in this Act shall be construed to authorize...the use of United States Armed Forces...in carrying out this Act." The terrorist attacks of 2001, however, vastly realigned the attitudes of most Americans regarding external threats to the United States, and consequently led to an environment in which Congress authorized the use of force to liberate Iraq from Saddam's regime.

III. The Justification Presented to Congress

In the years between the Gulf War and the 2003 invasion of Iraq, the United States led international diplomatic efforts to minimize the risk presented by Saddam Hussein. Following the September 11 attacks, the efficacy of these efforts was re-evaluated and ultimately found to be insufficient in light of the larger threat of terrorism. President Bush provided Congress with evidence that peaceful efforts had not and would not be able to coerce Iraq's dictator into abiding by the United Nations resolutions enacted after the Gulf War, and that Iraq posed a continuing threat to the national security of the United States.

Among the arguments that the Iraq situation necessitated a full-fledged invasion were that country's violations of the terms set forth in UNSCR 687, which outlined the conditions of the cease-fire following the Gulf War. Among the requirements expressed in the resolution was that Iraq:

(1) must destroy its chemical and biological weapons and ballistic missiles with ranges greater than 150 km; (2) not use, develop, construct, or acquire biological, chemical, or nuclear weapons and their delivery systems; (3) submit to international inspections to verify compliance; and (4) not commit or support any act of international terrorism or allow others who commit such acts to operate in Iraqi territory. ^[5]

The Bush administration argued that Iraq had broken, and continued to break, the terms of the 1991 cease-fire. In its letter to Congress, the White House stated that Iraq "...repeatedly obstructed access to [WMD] sites...[which] led to military action by coalition forces...[Iraq] ultimately ceased all cooperation, causing the inspectors to leave the country."^[6] The refusal by Iraq's government to allow weapons inspectors unfettered access to sites believed to be part of weapons programs provided one of the greatest arguments for an invasion. Without inspections, there was no proof that Iraq did or did not possess weapons of mass destruction In the context of the war on terrorism, President Bush felt it necessary to assume the worst, marking Iraq as a direct threat to the security of the United States.

In November of 2002, two months following President Bush's speech to the United Nations Security Council, that body declared Iraq to be in "'material breach' of its disarmament obligations," and passed yet another resolution demanding immediate compliance with all previous resolutions. Resolution 1441 was, the United Nations stated, Iraq's final opportunity to comply with international demands.

In October of 2002, the two houses of Congress passed the Authorization for the Use of Military Force Against Iraq (Public Law 107-243) by a vote of 296 to 133 in the House and 77 to 23 in the Senate. ^[7] This bill authorized the President to "use the Armed Forces of the United States...in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council Resolutions regarding Iraq."^[8] Among the reasons given for authorizing the use of force was that "Iraq persists in violating resolutions of the United Nations Security Council."^[9]

V. Conclusion

The American victory over Iraq in the Gulf War resulted in cease-fire terms, written by the United Nations, that required Iraq to submit to weapons inspectors, limited the types of weapons that nation could possess, and allowed the implementation of no-fly zones to insure the safety of oppressed Iraqi citizens as well as humanitarian workers. Iraq's continued violation of these sanctions irritated the international community for over a decade, leading to periodic air strikes against Iraqi military targets. Yet at that time, no country was willing to commit the resources necessary to stage the full-scale invasion required to remove Saddam Hussein from power. Following the terrorist attacks of September 11, however, the context of the Iraqi situation, and public sentiment about the use of force against rogue states, changed greatly; Iraq was now perceived as an enemy in a global war on terror. While Iraq's military may not have represented a direct threat to the security of the United States, President Bush was able to convince Congress that the United States needed to enforce the resolutions passed by the United Nations Security Council in order to maintain international peace and limit the threat of global terrorism.

Endnotes

1. United Nations. Security Council. Resolution 688. Cyprus: 1991.

2. "Missile launchings show Saddam hasn't given up." Portland Press Herald City Edition.

30 Dec 1998 6A.

3. Landay, Jonathan S. "Who's Winning the Quiet War in Iraq?" Christian Science Monitor

[Boston, MA] 04 Mar 1999, USA: Pg. 1.

4. United States. Congress. Iraq Liberation Act of 1998. Washington D.C.: GPO, 1998.

5. Bush, George W. United States. Office of the President. A Report in Connection with

Presidential Determination Under Public Law 107-243. Washington D.C.: GPO, 2003.

6. Ibid.

7. United States. Library of Congress. THOMAS: H.J.RES.114: Major Actions. LoC, 2002.

8. United States. Congress. Authorization for Use of Military Force Against Iraq Resolution

of 2002. Washington D.C.: GPO, 2002.

9. Ibid.