It took the public expression of doubts by Brent Scowcroft, a former national security adviser to presidents Gerald Ford and George Bush, to initiate finally a national debate on the merits of preemptive war against Iraq. Before Scowcroft spoke out it was nearly impossible to be heard above the drumbeats of war being orchestrated from the White House. Scowcroft was careful to couch his criticism in ultra-pragmatic terms relating to the dangers of undertaking such a war at this time and its likely diversion of energy from what he rightly depicts as America’s number one security priority, the continuing challenge posed by al-Qaida. Persuasively, also, Scowcroft downplays the regional threat posed by Saddam Hussein, and is highly skeptical about Iraq’s purported links to Sept. 11 or to terrorism generally. Scowcroft relies for political closure on an American call for a renewal of inspections, this time on an unrestricted (anytime, anywhere, no permission required) basis. If refused by Iraq, then Scowcroft appears to accept the logic of preemptive war.

This diminishes greatly the overall force of his argument, and provides the Bush planners with a way to shore up their support, especially in Washington-namely, by insisting on unrestricted inspection arrangements with such a wide ranging intrusion on Iraqi sovereign rights that Baghdad would have no choice but to refuse.

Scowcroft’s doubts have been echoed by other Republican stalwarts, including House Majority Leader Dick Armey.

Most unexpectedly, it is from Armey that we hear for the first time objections to launching a preemptive war against Iraq based on international law. The highly conservative Congressional leader asserted that an attack on Iraq would violate international law and would not be consistent with what we have been as a nation or what we should be as a nation.

This is such an obvious reality that it is an extraordinary commentary on the passivity of the Democratic Party that such a principled concern about Bush’s war talk had to wait upon the words of a leading Republican lawmaker.

Finally, with such rumblings coming from prominent and conservative members of his own party, President Bush could no longer turn a blind eye to doubts and criticisms directed at his plans for preemptive war against Iraq.

He even acknowledged that skepticism was coming from some very intelligent people, promised to consult, and called these dissenting voices part of a healthy debate.

Unilateralist ways

But in the same breath, the president resumed his unconstitutional and unilateralist ways by saying, “But America needs to know, I’ll be making up my mind based upon the latest intelligence and how best to protect our own country plus our friends and allies.”

Doesn’t Bush realize that the U.S. Constitution does not vest war-making powers in the office of the presidency? Doesn’t he realize the founders deliberately, with the greatest care, placed a decision of such gravity in the hands of the Congress?

And even if this condition were to be satisfied, formidable legal obstacles to war would still remain. It would still be constitutionally necessary for the United States to show respect for validly ratified international treaties, including the United Nations Charter.

It does not seem to us possible, given these considerations, to launch a preemptive war against Iraq without violating both the U.S. Constitution and international law.

Although we welcome and agree with the pragmatists who warn about the dire consequences that would likely follow upon initiating war against Iraq, we side with the principled opponents of war against Iraq, relying not only on international law, including the U.N. Charter, but also on the moral and religious guidelines contained in the just war doctrine.

Guilty of aggressive war

From these perspectives, under present conditions, it is clear that if the United States goes ahead and wages war against Iraq it will be guilty of what international lawyers call aggressive war, which was one of the principal charges leveled against surviving Axis leaders at the Nuremberg and Tokyo war crimes tribunals after World War II.

The main argument put forward by the Bush administration for the war is that the United States cannot stand aside while a brutal and expansionist Iraqi regime is acquiring nuclear and other weaponry of mass destruction.

Iraq, their argument continues, would then be in a position to transfer such weaponry to al-Qaida and other terrorist groups, as well as threaten Israel and the Gulf countries, which hold a large share of the world’s oil reserves.

As Scowcroft and others have pointed out, however, Saddam Hussein, for all his evils, has not had a record of cooperating with terrorist groups, much less al-Qaida.

It would be clear to Saddam Hussein that any provocative action would lead to the annihilation of Iraq as well as his personal destruction. Baghdad has been deterred over the course of the last decade, and there is every sound reason to think that deterrence and containment will work in the years ahead.

Unlike Iraq, al-Qaida cannot be deterred by threats of retaliatory force since it has no territorial base. The U.S. government should give its highest priority to guarding against al-Qaida gaining possession of weapons of mass destruction. Unfortunately, in this regard, the United States is failing to provide adequate support to assuring the control of the Russian nuclear arsenal.

Going to war against Iraq would produce the one set of conditions in which Saddam Hussein, faced with certain death and the destruction of his country, would have the greatest incentive to strike back with any means at his disposal. These would include the arming of al-Qaida or the launching of such weapons as Saddam Hussein possesses against U.S. troops and Israel.

Several constructive alternatives to war exist that are both consistent with international law and strongly preferred by America’s most trusted allies, and at the same time address those security concerns about future Iraqi behavior that seem valid.

These include the resumption of responsible weapons inspections under U.N. auspices combined with multilateral diplomacy and a continued reliance on non-nuclear deterrence. By responsible weapons inspections we mean those that an international inspectorate deems necessary to achieve confidence that weapons of mass destruction are not possessed or being developed by Iraq.

This approach is very different from the Scowcroft “anytime, anywhere” image of an acceptable inspection capability, which would almost certainly be rejected by Iraq, thereby reopening the door to the initiation of war that would still be unwarranted, imprudent and illegal.

In contrast, the resumption of responsible inspections could also lead to an improving diplomatic atmosphere, especially if coupled with ending the sanctions that have had such a cruel impact on Iraqi civilian society for more than a decade and the ending of frequent U.S. and British bombing missions in the no-fly zones in northern and southern Iraq. Diplomacy and international inspections successfully addressed comparable concerns about North Korea’s pursuit of a nuclear weapons capability.

Principle and prudence

It is time for the public debate on Iraq policy to raise these issues of principle and prudence, and to recognize that American leadership in the world will be much more respected, and in the end effective, if it does everything in its power to avoid war, and to strengthen the role of international law, including its insistence that international disputes be settled by peaceful means.

It has never been more crucial for American citizens and our friends abroad to raise their voices for peace and to resist the counsels of war.

* * *

This comment was originally contributed to the IHT/Asahi Shimbun.(IHT/Asahi: September 14, 2002)

Professor Falk became an adviser to TFF when it was established in 1985.

Related Posts

LONDON – So far so good, at least on the wider level. While internally Iraq seems on the edge of chaos, the much heralded clash of civilizations between the Muslim and Judaeo-Christian worlds has yet to become apparent. We have anger and despair aplenty in the Arab and Muslim worlds. But very little rushing to the standard and there was no great pilgrimage of warriors to join the fight, as happened when the Soviet Union invaded Afghanistan twenty years ago, and then, having driven the Red Army out, were left to ferment in that mountainous redoubt. With the armaments supplied by the CIA the mujahidin were transformed into Al Qaeda that became, for a relatively brief moment as these things go, ‘the greatest threat to the homeland that America has ever known.’ Nevertheless a ‘Cold War’ between much of the Muslim world and the West is certainly in full swing. Winston...
The Challenge of Nuclear Weaponsin the Twenty-first CenturyA Path Forward The peoples and governments of the world face an urgent challenge relating to weaponry of mass destruction and particularly to nuclear weaponry.  At the crossroads of technology, terrorism, geopolitical ambition, and policies of preemption are new and potent dangers for humanity. Despite ending the nuclear standoff of the Cold War era, nuclear weaponry is again menacing the peoples of the world with catastrophic possibilities.  We recognize the need for any government to pursue its security interests in accordance with international law; and further, we recognize that distinctive threats to these interests now exist as a result of an active international terrorist network having declared war on the United States and its allies. Nonetheless, we reject the assessment of the current US administration that upgrading a reliance on nuclear weapons is in any sense justified as a response. We find it...
By Karin Wegestal MP, the Social Democratic Partyon behalf of the Swedish Committee for Solidarity with the Yugoslav People During the last decade, the Federal Republic of Yugoslavia has received more than 500,000 refugees from Croatia and Bosnia, and another 300,000 internally displaced persons, mainly from the province Kosovo and Metohia. For a country with about ten million inhabitants, such an influx of homeless people is obviously a very heavy burden – even under peaceful conditions. But in addition to that, the Federal Republic of Yugoslavia has been the subject to sanctions from the western powers for close to ten years and its infrastructure was badly hurt through Nato’s intense bombardment during 78 days in 1999. The result of all this is that Yugoslavia, once the most developed industrial country in Eastern Europe, is today the poorest country in Europe. In Serbia excluding Kosovo, with about ten million inhabitants and...

Recent Articles

An aspect of Iran’s culture and civilisation you’ve probably never heard about. Don’t be surprised if the US and Israel also try to bomb them. Jan ObergTFF director October 26, 2026 Today – under the “USraeli” threat of new “annihilating” bombings – opens the 7th International Conference on Peace and Conflict Resolution at Tehran’s University. As far as I can tell, this is the only permanent, advanced peace research institution in West Asia/the Middle East. Perhaps more countries in that region could be inspired? I mean, how many military “security” institutes and military academies do they have? Many peace research institutes and university departments have been established since the 1950s in the West. They are now all under attack; some have closed down, some have gone mainstream, yet others kept the name but do nothing to research peace and disseminate results or advice; instead, they cooperate with militarism’s platforms such...
Let’s discuss using AI to create peace – in contrast to boring geopolitics devoid of creative healing and visions. Jan Oberg TFF director October 15, 2026 I asked VEED to create a short video exemplifying how peace is preferable to war, then chose the lady as a template. Simple as that. In less than a minute, it produced this video, which any peace-loving person would appreciate. The only problem is that human intelligence (HI), at least the one that exists among Western decision-makers, isn’t half as moral or smart as AI. I have used AI to dialogue about peace and peace plans, creative conflict resolution and visions of a better future for humankind. It so happens that I am having more stimulating, intelligent, creative and moral discussions with AI than I could possibly have with any EU or NATO leader today. Yes, AI has very problematic and dangerous aspects; used...
Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...

TFF on Substack

Discover and subscribe to more peace materials on TFF Substack

Most Popular

An aspect of Iran’s culture and civilisation you’ve probably never heard about. Don’t be surprised if the US and Israel also try to bomb them. Jan ObergTFF director October 26, 2026 Today – under the “USraeli” threat of new “annihilating” bombings – opens the 7th International Conference on Peace and Conflict Resolution at Tehran’s University. As far as I can tell, this is the only permanent, advanced peace research institution in West Asia/the Middle East. Perhaps more countries in that region could be inspired? I mean, how many military “security” institutes and military academies do they have? Many peace research institutes and university departments have been established since the 1950s in the West. They are now all under attack; some have closed down, some have gone mainstream, yet others kept the name but do nothing to research peace and disseminate results or advice; instead, they cooperate with militarism’s platforms such...
Let’s discuss using AI to create peace – in contrast to boring geopolitics devoid of creative healing and visions. Jan Oberg TFF director October 15, 2026 I asked VEED to create a short video exemplifying how peace is preferable to war, then chose the lady as a template. Simple as that. In less than a minute, it produced this video, which any peace-loving person would appreciate. The only problem is that human intelligence (HI), at least the one that exists among Western decision-makers, isn’t half as moral or smart as AI. I have used AI to dialogue about peace and peace plans, creative conflict resolution and visions of a better future for humankind. It so happens that I am having more stimulating, intelligent, creative and moral discussions with AI than I could possibly have with any EU or NATO leader today. Yes, AI has very problematic and dangerous aspects; used...
Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...
Read More
Screenshot 2026-10-26 115647
An aspect of Iran’s culture and civilisation you’ve probably never heard about. Don’t be surprised if the US and Israel also try to bomb them. Jan ObergTFF director October 26, 2026 Today – under the “USraeli” threat of new “annihilating” bombings – opens the 7th International Conference on Peace and Conflict Resolution at Tehran’s University. As far as I can tell, this is the only permanent, advanced peace research institution in West Asia/the Middle East. Perhaps more countries in that region could be inspired? I mean, how many military “security” institutes and military academies do they have? Many peace research institutes and university departments have been established since the 1950s in the West. They are now all under attack; some have closed down, some have gone mainstream, yet others kept the name but do nothing to research peace and disseminate results or advice; instead, they cooperate with militarism’s platforms such...
Screenshot 2026-10-15 141837
Let’s discuss using AI to create peace – in contrast to boring geopolitics devoid of creative healing and visions. Jan Oberg TFF director October 15, 2026 I asked VEED to create a short video exemplifying how peace is preferable to war, then chose the lady as a template. Simple as that. In less than a minute, it produced this video, which any peace-loving person would appreciate. The only problem is that human intelligence (HI), at least the one that exists among Western decision-makers, isn’t half as moral or smart as AI. I have used AI to dialogue about peace and peace plans, creative conflict resolution and visions of a better future for humankind. It so happens that I am having more stimulating, intelligent, creative and moral discussions with AI than I could possibly have with any EU or NATO leader today. Yes, AI has very problematic and dangerous aspects; used...
girl-5894831_1280
Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...
Nobel-Prize-Plaque
Jan Oberg TFF director October 13, 2026 According to Alfred Nobel’s will, the Nobel Peace Prize shall be awarded: ”to the person who has done the most or best to advance fellowship among nations, the abolition or reduction of standing armies, and the establishment and promotion of peace congresses.” Further down, he also expresses how the prize for the “champions of peace” shall be decided: “that for champions of peace by a committee of five persons to be selected by the Norwegian Storting. Alfred Nobel’s will is remarkably short and clear. But few seem to have read it. Nobel did not say that the committee itself should consist of members of parliament. He entrusted the Storting with appointing five persons. In principle, it could have selected diplomats, mediators, peace researchers, conflict-resolution specialists, or other individuals with recognised expertise in matters of peace from around the world. Instead, the Storting gradually...
law-419057_1280
The Quest for Humane Survival Richard Falk Professor emeritus, Princeton UniversityTFF Associate since 1986October 12, 2026 After decades of teaching and writing about international law in academic frameworks that were not institutionally situated within law school environments—at Princeton and the University of California, Santa Barbara—I found myself most receptive to the TWAIL outlook. It has been especially illuminating in clarifying the extent to which international law evolved as a dialogical critique of Europe’s efforts to legitimize its colonial undertakings. In particular, TWAIL has exposed how international law has functioned to legalize the subjugation of Third World peoples, securing conditions for exploitative investment and trade relations, the coercive enforcement of public debts, and an ideology of cultural superiority. TWAIL’s exposure of these economic legacies of colonialism has influenced my understanding of the history and development of international law, broadly conceived, as an ideological project of the Western sub-system of the world...
images-2
Advocates of nuclear disarmament are regularly dismissed by the champions of nuclear deterrence as naïve and unrealistic, utopian or even irresponsible. Yet this ‘doctrine’ of deterrence, regarded by France as the ‘cornerstone’ of its national security, is based on quasi-religious beliefs, a theory that cannot be proven, risky gambles and fragile assumptions. So much so that one might legitimately ask which side the ‘Care Bears’ are on. Marc FinaudVice-President of Initiatives for Nuclear Disarmament (IDN) October 9, 2026 This article was originally published on Pressenza When it comes to these things being treated as religious concepts, look here. Idealists and realists It was Hubert Védrine, François Mitterrand’s former Foreign Minister, who repeatedly coined the phrase: ‘Europeans are a sort of Care Bears who don’t realise they’re living in Jurassic Park’. He applies this reference to the cartoon for well-behaved children not only to what he regards as weakness or idealism...