Military Legitimacy by Rudolph C. Barnes Jr

Author:Rudolph C. Barnes Jr [Barnes, Rudolph C. Jr]
Language: eng
Format: epub
Tags: History, Military, General, Political Science, Security (National & International), Social Science, Anthropology, Cultural
ISBN: 9780714646244
Google: 1L5XcV0n_xcC
Publisher: Frank Cass
Published: 1996-01-15T15:55:29+00:00

Whereas the Government of Iraq without provocation invaded and occupied the territory of Kuwait on August 2, 1990;

Whereas both the House of Representatives ... and the Senate ... have condemned Iraq's invasion of Kuwait and declared their support for international action to reverse Iraq's aggression;

Whereas Iraq's conventional, chemical, biological, and nuclear weapons and ballistic missile programs and its demonstrated willingness to use weapons of mass destruction pose a grave threat to world peace;

Whereas the international community has demanded that Iraq withdraw uncon- ditionally and immediately from Kuwait and that Kuwait's independence and legitimate government be restored;

Whereas the United Nations Security Council repeatedly affirmed the inherent right of individual or collective self-defense in response to the armed attack by Iraq against Kuwait in accordance with Article 51 of the United Nations Charter;

Whereas, in the absence of full compliance by Iraq with its resolutions, the United Nations Security Council in Resolution 678 has authorized member states of the United Nations to use all necessary means, after January 15, 1991, to uphold and implement all relevant Security Council resolutions and to restore international peace and security in the area; and

Whereas Iraq has persisted in its illegal occupation of, and brutal aggression against Kuwait: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled ...

Sec. 2(a) The President is authorized, subject to subsection (b), to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.

Sec. 2(b) Before exercising the authority granted in subsection (a), the President shall make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that-

(1) the United States has used all appropriate diplomatic and other peaceful means to obtain compliance by Iraq with the United Nations Security Council resolutions cited in subsection (a); and

(2) that those efforts have not been and would not be successful in obtaining such compliance.

Sec. 2(c)(1) Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

Sec. 2(c)(2) Nothing in this resolution supersedes any requirement of the War Powers Resolution.

Sec. 3 At least once every 60 days, the President shall submit to the Congress a summary on the status of efforts to obtain compliance by Iraq with the resolutions adopted by the United Nations Security Council in response to Iraq's aggression.

42. See OPLAW Handbook, n. 14 supra at V-241, 242.

43. Ibid. at p. Q-181. Quincy Wright has traced the evolution of the law of war, noting how humanitarian priorities were preempted by realpolitik and total war. Wright, A Study of War, n. 1 supra, pp. 305-310, 810-812, 909-911, and n. 33 supra. Martin van Creveld has cited the necessity for the law of war (the war convention) as primarily to benefit combatants by keeping civilians out of their way.

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