There’s been some comment here on a previous thread about why Australia’s withdrawal of combat troops from Iraq has stimulated so little debate - either in the media or in the blogosphere. My comment on why that might be so is here, and I’d add that the rather narrow concept of the political in Australian public discourse tends to mean that issues which are “politically neutralised” are quickly forgotten. That’s most unfortunate - because going to war on the basis of specious legal justifications and distortions and lies about intelligence is hardly a trivial matter. We owe it to ourselves as a nation to ensure this never occurs again, and the risk of it occurring again is surely heightened by a failure to remember.
I want to highlight in this post two exceptions to the rule of silence. First, in the blogosphere, Gandhi has written a comprehensive post analysing the week’s news and developments, highlighting the attempts of some in legal and activist circles to bring John Howard’s actions before the notice of the International Criminal Court, a move supported by Democrats leader Lyn Allison. Similar action in the United Kingdom was the subject of much publicity and debate, but there’s been little reporting of the substance of the brief prepared or its justification in this country. It’s important to remember that John Howard - I suspect on legal advice - ruled out “regime change”, human rights abuses or democratic goals as sufficient conditions for the Iraq War in a speech to the National Press Club on 14 March 2003. According to Howard at the time, only Saddam’s purported possession of weapons of mass destruction constituted an appropriate ground for the decision to go to war. All his later bloviating, by his own standards, was just political piffle.
It may well be that Howard had advice that the only legal justification for war was the resolutions of the UN Security Council regarding weapons inspections. That was certainly the advice given to the British government, as we know after a series of inquiries in the UK. I’m no lawyer, but it might well be that this figleaf provides sufficient legal cover for Howard to escape any culpability for his actions. It may also be that the subsequent UN recognition of the occupation of Iraq would provide some sort of retrospective immunity. Nevertheless, given the enormous importance of clarifying the legal basis or otherwise for wars of pre-emption, it seems to me eminently desirable that such an argument - an argument based on international law - be tested in an international tribunal.
That takes us to the issue of intelligence, because as we now know, Saddam Hussein had ended his WMD program in the 1990s. Continue reading ‘Australia’s War is over II’
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