Okay, help me out here, because there are some inconsistencies that I just can't work out.
1. The U.S. initially went in with a coalition of other U.N. member states to liberate Kuwait with the blessing of a U.N. resolution.
2. The Cease-fire was granted by a U.N. resolution with conditions that must be met by Saddam Hussain. They were outlined in clear detail in Resolution 687, which does, indeed, place the burden of proof on Iraq.
3. The U.N., at this point, agrees that, with the knowledge that they currently have, Saddam Hussain has not yet fully complied with the resolutions to disarm, and they have ordered the inspectors in to determine precisely whether or not those conditions have been met. The inspectors claim that they need more time to determine this...months not years. Additionally, as I understand it, Resolution 1441 is a good will resolution giving Iraq one last chance to disarm, and it sets a timetable from November 8, 2002...45 days from that date to resume inspections...60 days from that point for the inspectors to update. It seems to me that at the end of February a new resolution should have been drafted to allot the inspectors a specific amount of additional time to complete their work, which is reasonable since they haven't been in Iraq for such an extended period of time. In order for these resolutions to work, though, they do, IMO, need a timeline just like any other contract, and if the dates need to be modified accordingly, so be it.
5. I understand that this is a cease-fire, and that any war would be a resumption of the original action based on Iraq’s non-compliance, but what I don't understand is how it would be legal for the U.S. to go in alone without the U.N.'s blessing, since it is a U.N. action that is being resumed. It seems to me that without that blessing, the U.S. will be in violation of the U.N. Charter, which, as I understand it, is legally binding for as long as we are a part of that treaty.
QUOTE
Article VI.
Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
We do have the authority, constitutionally to go to war on our own, but our government’s role is to provide for the common defense, and we have not been invaded by Iraq. A pre-emptive strike because of what Iraq
might do just doesn’t cut it constitutionally, IMO.
Given this data, I definitely think that we should be working through the U.N. to resolve this issue. Anything else is unconstitutional by U.S. standards and illegal by the standards of international law.
If we are not willing to work with the U.N. than we should pull out altogether (which I’m not personally advocating), but then we should also wash our hands of Iraq at the same time unless we actually have positive data that PROVES that Iraq is actively planning to attack the United States or U.S. interests overseas. Only then, will the U.S. be justified in taking action against Iraq based on providing for the common defense.
Edited to fix a grammatical error.