Scott Ritter on Bush's War

Guardian Unlimited | Special reports | Help us to stop the war am no pacifist, but I am opposed to President Bush's rush towards war with Iraq this time around. As signatories to the UN charter, Americans have agreed to abide by a body of international law that explicitly governs the conditions under which nations may go to war. All require authority of the security council, either through an invocation of article 51 (self defence), or a resolution passed under chapter seven of the charter (collective security).

President Bush's case for war simply has not been demonstrated to meet any of these criteria. The president repeatedly announced that Iraq has failed to comply with its obligation to disarm, and as such poses a threat to international peace and security. The president declared that Iraq must allow weapons inspectors to return to Iraq, without conditions, with unfettered access to all sites. Iraq's failure to allow inspectors to return to work since their withdrawal in December 1998 has prompted fear in many circles (recently demonstrated by the UK government's dossier on Iraqi weapons programs) that Iraq has taken advantage of the intervening time to reconstitute its weapons of mass destruction programs dismantled under UN supervision. With no inspectors in Iraq, it was impossible to know for certain what the regime of Saddam Hussein was up to; and, given Iraq's past record of deceit over these weapons, the US and others were justified in presuming ill intent.

But now Iraq has agreed to allow the inspectors to return, unconditionally, and to be held accountable to the rule of law as set forth in existing security council resolutions governing Iraq's disarmament. The opportunity finally exists to bring clarity to years of speculation about the potential threat posed by Iraq's weapons of mass destruction, as well as an opportunity to resolve this ongoing crisis of international law peacefully.

B ut President Bush refuses to take "yes" for an answer. The Bush administration's actions lay bare the mythology that this war is being fought over any threat posed by Iraqi weapons of mass destruction. It has made it clear that its objective is the elimination of Saddam Hussein. And this is where I have a fundamental problem. The UN charter prohibits regime removal. The US constitution states that international agreements entered into by the United States carry the force of law. The US has signed the UN charter. Regime removal is not only a violation of international law, it is unconstitutional.