The
President of the United States has no greater responsibility than
protecting the American people from threats, both foreign and
domestic. In taking his oath of office, the President swears to
"preserve, protect, and defend the Constitution of the United
States," the Preamble of which recognizes providing for the "common
defense" as a top priority. Now Congress must make its voice heard
on a key issue of national security and bring to a vote support for
President George W. Bush's strategy for pursuing the war on
terrorism in the way that he, as commander in chief, deems
necessary.
While there has been little argument
regarding the use of armed force in Afghanistan to retaliate
against an act of aggression, opposition has risen regarding a
preemptive strike against Iraq and, in general, to the concept of
preemption as a national security tool. However, taking action to
prevent a strike against America and its allies is also clearly
justifiable because the following principles apply:
Principle
#1: The right to self-defense is codified in customary
international law and in the Charter of the United Nations.
Principle
#2: The right of "anticipatory self-defense" allows for
preemptive strikes.
Principle
#3: The United States government, alone, has the authority
to determine what constitutes a threat to the United States and
what should be done about it.
Principle #
4: The President as commander in chief has the authority
to use America's armed forces to "provide for the common
defense."
Learning from
the September 11 Attacks. Not only is the President
justified in applying preemptive military force to fight the war on
terrorism, but not doing so would ignore the lessons learned since
the September 11 attacks that must be taken into consideration when
future action against terrorists and terrorist states is
considered.
Lesson
#1: Deterrence alone is not sufficient to suppress
aggression.
Lesson
#2: Attacks can occur with little or no warning.
Lesson
#3: The use of a weapon of mass destruction (WMD) is
reasonably likely.
Lesson
#4: A deadly synergy is created when state and non-state
actors work together.
Lesson
#5: The future envisioned by America's enemies is
incompatible with U.S. security.
The Case Against
Iraq. When these lessons are applied to Saddam Hussein's
Iraq, it is clear that action must be taken now. Iraq poses a
direct threat to the United States and its interests and to peace
and stability throughout the world. Saddam's hostility to U.S.
interests, proven intent to act against those interests, history of
WMD acquisition, pursuit of WMD, history of using WMD to achieve
foreign policy objectives, and ties to international terrorists all
make him uniquely dangerous. The foregoing five lessons apply to
Iraq in the following ways:
Applied Lesson
#1: Warnings have not deterred Iraq from overtly hostile
actions that threaten the United States and its interests.
Applied Lesson
#2: Iraq's ongoing development of weapons of mass
destruction means that the United States or its interests could be
targeted with little or no warning.
Applied Lesson
#3: Saddam Hussein's history of using WMD demonstrates the
likelihood that he will use them in the future.
Applied Lesson
#4: Iraq's aggression and ties to international terrorism
comprise a deadly combination that must be confronted.
Applied Lesson
#5: Iraq's blatant disregard for its 1991 cease-fire
agreement makes it clear that its vision of the future is
incompatible with America's security.
Next
Steps. Since September 11, 2001, President Bush has shown
remarkable leadership, and Congress generally has supported him in
his efforts to ensure the security of the nation. It is now time to
move beyond efforts to dismantle the terrorist infrastructure that
directly enabled the attacks that claimed the lives of thousands of
innocent Americans and to take bold steps to ensure that such
horrendous acts do not take place in the future. To this end,
- The President
must remain steadfast in his approach to Iraq. The
President is moving thoughtfully and deliberately, making his case
to Congress, America's friends and allies, and the American people.
He must convince Congress that only a resolution that gives him
ample flexibility to prosecute the war on terrorism effectively
will be acceptable.
- Congress should
vote now to show its support for the President. Congress
has a responsibility to bring this critical issue to a vote. U.S.
citizens deserve to know where each of their elected
representatives stands in supporting the President's use of
whatever means he deems necessary to defend the nation from Iraqi
weapons of mass destruction.
Conclusion. Now is the time to take
decisive action to disarm Saddam Hussein. President Bush began this
process with his address to the United Nations General Assembly on
September 12. However, if the U.N. balks in addressing Iraq's
flouting of more than 16 of its resolutions, the President still
has full legal authority, from the U.N. as well as Congress, to
take whatever actions may be necessary.
On
September 11, 2001, Americans came to a new understanding of the
nation's vulnerability and the nature of the threats that now
confront the nation. No longer can the United States wait passively
while regimes foment terrorism, build weapons of mass destruction,
and propagate hatred for America. The war on terrorism may be long
and difficult, but the President has the authority and
responsibility to use whatever means he deems will be effective to
ensure the security of the United States and the American
people.
--Jack
Spencer is Policy Analyst for Defense and National Security in
the Kathryn and Shelby Cullom Davis Institute for International
Studies at The Heritage Foundation.