US claims it has right to attack Iran
is not ‘restoration of deterrence,’ it's
return to the Wild West
By Finian Cunningham
January 16, 2020 "Information
Clearing House" -
Donald Trump is not the first US
president to be accused of using
military force illegally. But this White
House seems to be giving Trump greater
executive license to kill – and to start
wars.
This week, Secretary of Defense Mark Esper in a
media interview
claimed the US has the right under Article
II of its Constitution to attack Iranian
territory in response to offensive action by
Iranian-backed militia in Iraq.
There has been
a
reported surge in rocket attacks on US bases
in Iraq following the killing of General
Soleimani and his companion, the Iraqi militia
commander Abu Mahdi al-Muhandis.
In Esper’s reasoning, the US would have the
right to launch airstrikes on Iran. And in
Trump’s reasoning, he does not have to seek
authority from Congress.
Canada-based war crimes lawyer Christopher
Black comments: “Esper's claim is incorrect
because all that Article II does is make the
president the commander of the armed forces. It
does not give him the right to attack any nation
without the consent of the Congress nor murder
foreigners in foreign countries, nor violate its
international legal obligations under the UN
Charter and other covenants that are considered
also to be part of US domestic law.”
Black added: “Further, US claims of
self-defense are also false as international law
does not give authority to a nation to launch an
attack on another country it is not at war
[with].”
It’s tantamount to a policy of shoot now, and
only later answer questions about it. In Trump’s
case, he’s not even prepared to answer questions as
can be seen from his defiance in the face of
criticism about the drone-killing of Iranian General
Soleimani.
With growing doubts about the initial
justification for the president’s order of that
assassination, Trump has subsequently lashed out and
asserted that even if Soleimani’s alleged threats
were not “imminent,” he still deserved to
be killed by US forces in Baghdad on January 3.
The earlier claim by Trump and his aides that
there was an “imminent threat” to US
personnel in Iraq stemming from Gen. Soleimani’s
liaison with Shia militia was a key qualifier for
the presidential executive order of the killing.
Team Trump argued that the president had to make a
quick decision as commander-in-chief, thereby
bypassing congressional notification, as the 1973
War Powers Act instructs.
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But now it turns out the supposed threat posed by
Soleimani was not so imminent. Indeed, Pentagon
chief Mark Esper contradicted the president in a
media interview
saying he did not see intelligence evidence that
an attack was about to take place against four US
embassies in the Middle East. Having the “imminent
threat” argument undermined, Trump has
nevertheless
blurted it doesn’t matter anyway. Soleimani was
a legitimate target because of his “horrible
record.”
Hold on a moment. This is getting into extremely
dangerous legal territory, whereby an American
president is claiming to have the authority to kill
a foreign leader without any evidence or indictment.
That’s the conduct of the Wild West, not the leader
of a constitutional state bound by legal obligations
to international laws that specifically outlaw such
conduct.
The International Association of Democratic
Lawyers, in an
assessment of the Soleimani incident, condemned
it as an illegal extrajudicial killing and an act of
aggression by the US toward Iran and Iraq. They
pointed out that no evidence was brought against
Soleimani. He was murdered merely on the say-so of
the American president.
Moreover, the international lawyers’ group noted
the killing was in violation of US and international
law. US law is bound by its commitment to the UN
Charter which explicitly prohibits the use of
military force against another state without the
approval of the UN Security Council.
Such unilateral violence may be permitted only if
there is clear evidence that a state is acting in
self-defense. And the would-be self-defense measure
must be proportionate. Clearly, in the case of Gen.
Soleimani, neither of these exceptions were valid.
The allegations against the Quds Force commander
of having blood on his hands for “thousands”
of US troops and “millions” of civilians is
more in the realm of American propaganda. It is
essentially hearsay which in no way meets any
standard of due legal process.
Soleimani helped organize Iranian-backed militia
which were effective in defeating terrorist militia
in Syria and Iraq trying to overthrow the
governments. The US role and that of its allies
toward the terror groups is ambiguous at best, if
not covertly working with the militants, despite
official talk about “fighting terrorism.”
Iranian-backed militia in Iraq have opposed US
forces. But let’s not forget, American forces are in
Iraq due to an illegal invasion of that country in
2003. When Trump and his aides denounce Soleimani
for US troop deaths, they conveniently forget that
their own country is guilty of war crimes in Iraq,
and in Syria from its illegal presence there.
The US Congress is right to be
concerned about Trump’s increasing arrogation of
powers for using lethal force against foreign
targets.
However, his predecessor, Barack Obama, was a big
practitioner of ordering drone-assassinations
against terror suspects abroad. Almost every
American president has deployed warplanes or
missiles against foreign states in ways that
breached constitutional law or the UN Charter.
Remember Bill Clinton fired off cruise missiles on
Sudan at the height of his sex scandal with Monica
Lewinsky.
During the 1970s, the Senate Church Committee
into abuse of executive powers and assassination of
foreign leaders under the aegis of the CIA led to
tighter constitutional controls on presidential
powers for ordering military actions.
The use of illegal military force by the White
House is nothing new. But what is different under
Trump is the way his administration is unwinding
controls over lawlessness, making it easier for
assassination and acts of war to be done on a
presidential whim.
Thus, under Trump, the US leadership is rapidly
evolving a working policy and rationale for
justifying assassination and war. US lawlessness is
spinning out of control by the day.
The fiendish logic goes way beyond the danger of
the US starting yet another war in the Middle East,
this time with Iran.
This week, Secretary of State Mike Pompeo gave a
major
speech in which he put the assassination of the
Iranian and Iraqi generals in the wider context of “strategic
deterrence” against all adversaries. Pompeo
explicitly linked the killings to the US policy of
confronting Russia and China.
Tellingly, his speech was titled: ‘The
Restoration of Deterrence: The Iranian Example’.
Pompeo summed up by saying: “We have
re-established deterrence…We saw, not just in Iran,
but in other places, too, where American deterrence
was weak. We watched Russia’s 2014 occupation of the
Crimea and support for aggression against Ukraine
because deterrence had been undermined. We have
resumed lethal support to the Ukrainian military.
China’s island building, too, in the South China
Sea, and its brazen attempts to coerce American
allies undermined deterrence.”
The lawless reasoning here is appalling. If the
Trump administration wants to use murderous force
against adversaries for so-called “deterrence,”
then it will, according to Pompeo. That apparently
includes Russia and China.
The UN Charter was created to stop a repeat of
World War II. Under Trump, the Charter, as well as
other international laws and even the US’ own laws
forbidding acts of war are being ignored.
Welcome to the Wild West.
Finian Cunningham
has written extensively on international
affairs, with articles published in several
languages. He is a Master’s graduate in
Agricultural Chemistry and worked as a
scientific editor for the Royal Society of
Chemistry, Cambridge, England, before
pursuing a career in newspaper journalism.
He is also a musician and songwriter. For
nearly 20 years, he worked as an editor and
writer in major news media organisations,
including The Mirror, Irish Times and
Independent.
This
article was originally published by "RT"
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