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Obama on the brink: war or peace?

By Marjorie Cohn - posted Monday, 23 June 2014


Meanwhile, "the US government - the prime cause of these problems to begin with - prepares to intervene however it chooses," according to Falah Alwan, of the Federation of Workers' Councils and Unions in Iraq.

US Secretary of State John Kerry announced that Obama was considering all available options, including drone strikes, in Iraq. Manned US warplanes based in the Gulf might also be used to mount air strikes. This course of action promises to exacerbate the violence and could prove disastrous, inviting terrorist attacks against US interests in the Gulf. US defense and intelligence officials told The Daily Beast that the Pentagon and CIA are not sure exactly who US forces should target. Bombing would inevitably kill many civilians in urban areas. Moreover, the United States would once again be violating the UN Charter. The United States would not be acting in self-defense because Iraq has not attacked us or any other UN member country. And the Security Council has not given its approval for a US attack on Iraq; the United States would have to secure agreement from all five permanent Council members: the Russian Federation, China, France, United Kingdom and United States.

Under the War Powers Resolution, the president can introduce US troops into hostilities, or into situations "where imminent involvement in hostilities is clearly indicated by the circumstances," only after (1) a Congressional declaration of war, (2) "specific statutory authorization," or (3) in "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." This is the current situation: First, Congress has not declared war. Second, neither the 2002 Authorization for the Use of Military Force (AUMF) (which Bush used to invade Iraq), nor the 2001 AUMF (which Bush used to invade Afghanistan), would provide a legal basis for an attack on Iraq at the present time. Third, there has been no attack on the United States or US armed forces. Moreover, the UN Charter only allows a military attack on another country in the case of self-defense or when the Security Council authorizes it; neither is the case at the present time.

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Obama has ordered 275 US troops to Iraq to protect the US embassy there. He has reserved the option of sending 100 "security forces" who would coordinate US airstrikes, share intelligence with Iraqi security forces, and provide the Iraqi army with tactical advice. If Obama attacks Iraq, "Bush's war" will become "Obama's war."

But Obama is poised on the horns of a dilemma. On June 13, he said, "We're also going to pursue intensive diplomacy throughout this period both inside of Iraq and across the region." Obama has expressed a willingness to collaborate with Iran, a Shiite-led country with close ties to the al-Maliki government, about ending the bloodshed in Iraq. This is a positive development, which hopefully will encompass broader issues, including the conflict in Syria, where Iran supports President Bashar al-Assad.

Kerry called ISIS an "existential" danger to Iraq. Ironically, Israel considers Iran an "existential" threat to its security. Thus far, Obama has proceeded cautiously with Iran during negotiations over Iran's alleged nuclear weapons program, but, siding with Israel, maintains that "all options are on the table," including US military force against Iran.

Obama has an unprecedented opportunity to be a real peacemaker in Iraq. The wisest course of action is a diplomatic solution that embraces the entire region. The United States should propose a resolution in the Security Council that would require an immediate ceasefire in Iraq and peacekeepers under UN auspices be sent to Iraq. Obama should also return to the Geneva process in collaboration with Iran, and seek a political solution to the Syrian crisis. The Security Council should pass a resolution mandating an immediate ceasefire in Syria and a peaceful resolution of that dispute. Iran, which supports the al-Maliki government in Iraq and the Assad regime in Syria, is key to any regional peace agreement in the Middle East. Peace is within reach if Obama has the fortitude to stand up to the "experts" who are invariably advising him to pursue military options in Iraq. What course will he choose?

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Copyright, Truthout.org. Reprinted with permission.



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About the Author


Marjorie Cohn is a professor at Thomas Jefferson School of Law, past president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her latest book is "The United States and Torture: Interrogation, Incarceration and Abuse." See www.marjoriecohn.com

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