It seems I haven’t written thing about the Iraq War on this blog. I always thought I had, since it seems like an obvious topic. (I have, however, discussed the use of torture by President Bush as a result of this war.) I even have a post on the Afghanistan War. (Many consider the case for the Afghanistan War much stronger than the Iraq War. Indeed it is, but only marginally; both wars are fundamentally wrong.)

I could approach the Iraq War in the same way I approached the Afghanistan War. Namely, if something is wrong for others, then it is equally wrong for us. That is the idea of moral universalism, which every respectable moral theory has at its core. See my post on the Afghanistan War for more on moral universalism and its application to U.S. foreign policy. The justification for the Iraq War fails in the same regard. I can speak more on this if anyone is interested.

There is clearly a lot to say about the Iraq War and a lot can be said about why it was wrong. I cannot possibly cover all of these but I will try to cover some of what I feel are important points.

Let’s look at some of those justifications, a lot of which were provided in in a discussion at the SCSU Scholars blog (updated link) regarding President Obama’s foreign policy. The first justification is that most of Congress and some of the international “coalition” (mainly the West) supported President Bush’s war of aggression against Iraq. But this is trivial to the question of whether it is right or wrong. If 51% of Congress supported the genocide of a population, would that make it justifiable? Certainly not. The rightness of response is not dictated by Congress (or a coalition, for that matter). Conservative critics often lambast Congress and the President for the laws they pass, but when it comes to war they automatically get it right? No, because, again, rightness is independent of Congressional mandates.

Second, it should also be considered that the American public and the rest of the world was blatantly lied to by Bush and his administration. “Lie” implies the knowledge of truth and stating a deliberate falsehood contrary to that truth, and indeed this is what occurred in order to sell the war in Iraq. That’s virtually without doubt. The Downing Street memo, “the smoking gun,” clearly demonstrated that Bush wanted to dispose of Saddam Hussein on the grounds of WMDs and terrorist links but had to knowingly lie to the American public to do so (it should be clear to everyone that both of these are patent falsehoods). Add to that the Manning Memo, the 2004 document leaks in the UK, the Bush-Aznar memo, the Niger uranium forgeries, or Ron Suskind’s pile of evidence that Bush and his administration orchestrated the war in Iraq long before 2003 and had fabricated evidence or misled the public to do so. What you have is a clear case that the justification, the primary rationale given by Bush’s administration, was contrived and deliberately used to mislead the American public and the rest of the world to get them on board the hawkish agenda. So even when a majority of people agree with you, that’s a void point when those people have been duped.

Another point used to justify the war is that the fact that Bush and no one from his administration has been indicted or tried for any of their actions shows that their actions were right. This is another nonsense argument. Even if we look at the more generous example of O.J. Simpson, who was in fact tried, we do not say his murdering of his wife is justified (and it’s clear he did). (Also, morality is not dictated by law. I can do something morally wrong even if it’s not against the law.) But the fact that Bush has not been tried says nothing about the rightness of response (again). In fact, what it does show is how hypocritical we are. This goes back to the idea of moral universalism. If war of aggression is the “supreme crime” for one, then it also is for Bush. That Bush has not been tried says a lot about who we are as a people, but little about the justification for war in Iraq.

Perhaps the strongest justification the hawks have in defense of the Iraq War is that it resulted in the disposal of Saddam Hussein, who we all agree was a dictator who committed terrible atrocities. (It should, however, be noted that he did so with full support from the U.S.) This is the argument that Bush and his administration switched to when it became glaringly obvious to the world that the primary justifications given for the war were completely invalid. This is the utilitarianism argument, which says the Iraq War was right because it saved more lives than it ended, got rid of a dictator, etc. I personally believe utilitarianism is a shoddy moral theory for reasons I’ve laid out in other posts on this blog, but it should be mentioned that even some utilitarians would disagree with this assessment. They may argue that overall utility has decreased because of the war (or at least was not maximized), and I feel they would be correct in saying so. Rule utilitarians might also claim that invasions and occupations such as these, as a general rule, do not maximize utility, and I feel they would also be correct in saying so.

But does the ousting of Saddam really make this war justifiable and does it make legal? The answer is no. The UN is actually very specific in their charter: “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression, and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42” where “measures not involving the use of armed force” are preferred. The exception is Article 51, which allows for self-defense until the Security Council can respond. So that’s what the international community agrees with. It’s clear the U.S. war in Iraq fails to meet this requirement. In 2004, Kofi Annan, the UN Secretary-General at that time, declared, “From our point of view and the UN Charter point of view, [the war] was illegal.” Not only is this war blatantly illegal, it is considered the supreme war crime because it encompasses all the evil that follows from it: “to initiate a war of aggression…is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”

Richard Perle, the former chairman of the Defense Policy Board Advisory Committee under Bush (and about as conservative as you can get), even admits the war is illegal, but he says it was justified. The argument now is that the war is illegal but justified. Indeed, it’s possible for morally right actions to exist even if they are contrary to written law. But was the war justified? If it is not even justified from the utilitarian perspective, then it’s certainly going to be hard to justify! (By the way, if it was right to invade and occupy Iraq, it could certainly be said it is equally right for a country to invade and occupy the U.S.) Deontologically, people often use “just war theory” to determine whether a war is just or not (both the criteria to enter into war and how the war is conducted once it is entered into). I think just war theory is a bit dubious, but even this theory makes it clear that the Iraq War is not just. Just war theory states that nations have the right to defend against aggression, but in this case that would apply to Iraq, not the U.S. The war in Iraq had absolutely nothing to do with self-defense (Iraq could not even defend itself).

The question to answer now is, “Where do we go from here?” I think it’s fairly clear. The U.S. has the obligation to withdraw from the nation and pay massive reparations to the Iraqi people. That’s what it ought to do. Second, we also have the obligation to hold the guilty responsible for their crimes. Will that ever happen? I seriously doubt it because we fail to rise to even a minimal moral standard in which we can say what’s wrong for others is wrong for us too.