Myth-Making

Mssr Annan ruled the Iraqi invasion illegal on the basis of the UN Charter recently. On the one hand, I want to respond to the charge in a very highbrow manner, something akin to "no laws exist in the relationships among states for their is no soverign to enforce them or from whom legitimacy flows." -- but that would ignore the practical reality that some international laws do exist, however imperfectly. On the other hand, I could become an echo chamber for the justifications for war, including Saddam's failure to adhere to the conditions given in the first Gulf War's cease-fire agreement, the collection weight of the NATO members and Russia's intelligence services that he had WMD, our fear of 9-11 II to the nth power, etc.

But I feel as if both of those arguments will go nowhere as a pernicious, persistant and pedantic myth has taken root in the minds of many educated persons to the extent that wars are seen to derive their legitmacy from international approval and the UN, rather than from the interests and security needs of the countries at issue. Unless and until the UN is given the power by its member states to be the sole voice of international political legitimacy, it is not the arbiter of value, but is and shall remain a forum where member states can attempt to influence of dissuade one another from actions that others may find undesirable.

I should note also that the UN does not make international law: it makes Resolutions. Some Resolutions provide for military or other means to ensure compliance, but some Resolutions do not. The UN passed no Resolution making the Iraqi invasion illegal, but it (the UN) did pass quite a few Resolutions (13, I believe) that held out the possibility of military force against Iraq if it did not comply. Who is acting illegally here, according to the UN's own formulations?

In a perfect world the UN might reduce to zero all international conflicts. In the world of real interests and goals, conflicting value systems and beliefs about justice, no forum for discussion will ever supplant conflict as means to an end.

A brutal realpolitik is at work in the world -- and it comes neither from wanton aggressiveness or arbitrary disregard of international laws. It comes from real differences in belief about the shape and structure of the relationships among the actors in the international area. Unless he gives concrete evidence to the contrary, Mssr Annan is incorrect to state categorically that the invasion of Iraq was illegal. Although the UN charter respects the sovereign will of every country, it does not preclude conflict when a country feels threatened (or when the preponderance of evidence supports an an offensive war).