Holding Bush Back from Attacking IranBy Marjorie Cohn, AlterNet
Posted on February 2, 2007, Printed on February 2, 2007
http://www.alternet.org/story/47519/As Congress and the American people protest the travesty Bush created in Iraq, our President is gunning for a confrontation with Iran. Bush is rattling the sabers and opting for gunboat diplomacy by pledging to "seek out and destroy" Iranian networks "providing advanced weaponry and training to our enemies" in Iraq. But he has produced no hard evidence that Iran is supplying forces in Iraq with such weapons or manufacturing their own nuclear weapons.
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A former defense official who still advises the Bush administration informed Hersh the military planning was grounded in the belief that "a sustained bombing campaign in Iran will humiliate the religious leadership and lead the public to rise up and overthrow the government." That's the same faulty logic the US government has used to justify its cruel embargo and blockade of Cuba since Fidel Castro's 1959 revolution.
Congress has the responsibility to prevent Bush from attacking Iran. In view of congressional opposition to his war in Iraq, Bush will not likely ask permission to make war on Iran. We can expect Bush to provoke -- or even fabricate a la Tonkin Gulf -- an incident with Iran and then claim he's responding to Iranian aggression. Senior Pentagon officials reported in Wednesday's Los Angeles Times that Air Force and Navy fighter planes along the Iran-Iraq border may be used more aggressively. Bush will then try to bootstrap the September 2001 and October 2002 congressional authorizations for force in Afghanistan and Iraq respectively into consent to attack Iran.
Offensive military action against Iran would be illegal under the United Nations Charter, which requires that members settle international disputes by peaceful means. The UN Charter is a treaty ratified by the US and thus part of American law under the Supremacy Clause of the Constitution. Under the Charter, a country can attack another only in self-defense or with the blessing of the Security Council. Moreover, the use of nuclear weapons would violate our obligations under the Nuclear Non-Proliferation Treaty.
Congress should immediately pass a binding resolution reaffirming the United States' legal obligations and informing the Bush administration that it will not concur in any invasion or military action against Iran, would refuse to approve any funding for it, and would consider actions taken in contravention of the resolution as impeachable offenses.
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Marjorie Cohn is a professor at Thomas Jefferson School of Law.
Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, will be published in June.