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War, War, War
See other War, War, War Articles

Title: Major US-UK Tiff Over Legality of Iran Strike
Source: lobelog foreign policy
URL Source: http://www.lobelog.com/major-us-uk- ... -over-legality-of-iran-strike/
Published: Oct 31, 2012
Author: Wayne White
Post Date: 2012-10-31 09:36:13 by F.A. Hayek Fan
Keywords: None
Views: 98
Comments: 4

Amidst reports that Great Britain has denied the US military use of important British bases for an assault against Iran, Pentagon Press Secretary George Little told reporters on Friday that whenever the DOD considers military action “we do it within the legal confines…of this country.” The US has been contemplating military action against Iran’s nuclear program since at least 2006, but the legality of a unilateral attack has evidently not been a major consideration in Washington. It should be, as should the likely tactical complications of British (and potentially broader) non-cooperation.

In dramatic contrast to apparent US assumptions of legality concerning preventative military action against Iran is the statement the Guardian obtained from a UK government source that “’The UK would be in breach of international law if it facilitated what amounted to a pre-emptive strike on Iran.’” In fact, reportedly based on legal advice from the UK’s attorney general, the UK has denied the US use of important British bases on Ascension Island, Cyprus, and Diego Garcia. The UK position should be of legal interest in Washington because Great Britain would not be the attacking nation, merely a government assisting the attacker. If UK legal instincts are so extraordinarily cautious about even passively aiding an attacker, one wonders how the US, in the role of the attacker, could muster such confidence about being on legal solid ground.

Most of all US resort to force over the past 20-odd years has been in response to direct attacks on the United States or US interests (post-9/11 anti-terrorist military action aimed against al-Qaeda and its affiliates, cruise missile attacks against al-Qaeda bases in Afghanistan in response to the East Africa embassy bombings and the attack against the USS Cole, etc.). Even with the iffy — and later debunked — Bush Administration case for war against Iraq, the US maintained that by sustaining a supposed arsenal of WMD, Iraq was in violation of international law tied to red lines laid down in UNSC resolutions linked to Chapter VII enforcement (use of force) concerning very specific requirements levied on Iraq in the immediate wake of the 1991 Gulf War.

So, even in an alleged worst case scenario in which, for sake of argument, Iran was believed to be in the midst of developing nuclear weapons that it planned to meld to an enhanced ballistic missile capability, that in and of itself would not constitute a direct attack on the US (out of range) or US interests (American bases or embassies in the Middle East/South Asia region). Indeed, the presumed threat posed by any such Iranian capabilities primarily would be against US regional allies such as Israel, most notably, and potentially others such as the GCC states, Turkey and so on. It has, however, not been historic US policy to launch preventative attacks against assumed — not active — threats against its allies.

On another, tactical level, the reported UK refusal of basing cooperation could be quite significant with respect to any US attack against Iran (even more so if other key US NATO allies were to follow suit). The potential loss of transit, staging, refueling and basing rights through the UK, Cyprus and particularly the basing of US heavy bombers at Diego Garcia, could complicate considerably the US ability to amass desired support for an attack on Iran (or sustain the preferred pace of military operations) in the robust manner outlined in the leaked 2006 US military operations plan reportedly briefed to President Bush.

Thus, the tactical problems associated with this apparent UK decision might give pause to US policymakers mulling over any massive knockout blow against Iran’s greatly dispersed nuclear infrastructure, as well as the many and varied Iranian military assets available to defend it.

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#1. To: F.A. Hayek Fan (#0)

Very probable that there will be no pre-emptive strike on Iran. Nor will the US allow the Israelis to do it. First, such a strike will arouse the whole Arab world. Second, such a strike (even the talk of one) serves to encourage the next nuclear country - whoever it may be - to develop its nukes in tight secrecy, in the deepest tunnels - so that its use of a nuke is a total surprise. In fact, a strike on Iran will probably accelerate the nuclear development in the Middle East, as other Arab countries will figure that completing a nuclear program will make them less vulnerable to sneak attacks.

Shoonra  posted on  2012-10-31   9:57:04 ET  Reply   Trace   Private Reply  


#2. To: Shoonra (#1)

I agree completely, with the possible exception of the first 2 sentences.

Okay, who are you, and what have you done with Shoonra?

Pinguinite  posted on  2012-10-31   11:20:04 ET  Reply   Trace   Private Reply  


#3. To: F.A. Hayek Fan (#0)

one wonders how the US, in the role of the attacker, could muster such confidence about being on legal solid ground.

In an unprovoked attack against Iran, the U.S. would be on shaky ground. Any attack would be considered as illegal under international law. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2012-10-31   16:47:46 ET  Reply   Trace   Private Reply  


#4. To: Shoonra (#1)

Nor will the US allow the Israelis to do it. First, such a strike will arouse the whole Arab world.

First off, the Iranians are NOT Arabs. Secondly, the U.S. would never attack Iran (or allow Israel to do it) since doing so would arouse the ire of the international community.

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2012-10-31   16:51:38 ET  Reply   Trace   Private Reply  


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