Recommended Resources:

Materials Recommended by Professor Hill

Books

Pollack, Kenneth; The Threatening Storm: The Case for Invading Iraq (Random House, 2002).
Pollack, a Senior Fellow of the Council on Foreign Relations and former Director for Gulf Affairs for the National Security Council, argues forcefully for regime change in
Iraq. He posits that Hussein presently poses a threat to stability within the valuable Persian Gulf region while supporting anti-American elements engaged in the War on Terror.  Pollack writes, "the United States should invade Iraq, eliminate the present regime, and pave the way for a successor prepared to abide by its international commitments and live in peace with its neighbors."  This is a particularly thoughtful piece. Even doves who disagree with Pollack's conclusions find his case compelling in its logic.

Articles

Next Stop Baghdad? by Kenneth Pollack (March/April 2002)
Pollack, who authored The Threatening Storm, also offers a summary of his reasons for a military strike against Hussein's regime in Foreign Affairs, arguably America's leading foreign policy journal.

Saddam Hussein and the UN's Moment by Charles Hill (September 10, 2002)
With the War on Terror one year old, the United Nations could be facing what our lecturer Charles Hill calls its "League of Nations Moment." The present opportunity to topple Hussein's repressive regime constitutes a defining moment in international affairs, Hill argues, that will open up real possibilities for progress at every level of international life.

Secretary of Defense Donald Rumsfeld's Speech (September 30, 2002)
A clear case for war against
Iraq from one of the leading hawks on Iraq within the Bush Administration. Saddam Hussein is a menace to peace, to international law, and to his own people.  Moreover, his recent pledge to allow UN weapons inspectors into his country is hardly worth the paper it was written on.  "Iraq's behavior over the past decade requires that thoughtful people measure Iraq by its actions, as opposed to its words," Rumsfeld said.  Those actions make one thing clear: Hussein must go.

The Six-Front War by Charles Hill (October 7, 2002)
A potential war with
Iraq must be viewed through the larger prism of the ongoing War on Terror, argues our lecturer, Charles Hill. The struggle against international terror must be understood as a conflict to save the modern state and, with it, the modern international system comprised of functioning nation-states.  Terrorism must be defeated, he argues, "to reverse further deterioration to the state and its sovereignty; to recognize that international organizations can work when responsive to their members but not as near-autonomous entities; and to wage the war on terrorism until it defeats the Islamist ideology that defines itself against the modern state."  A conflict with Iraq would be but another (albeit major) step towards that goal.

Saddam's Last Ploy by William Safire (October 7, 2002)
A leading Conservative political columnist for The New York Times, Safire makes the case not only for a preventative strike against Iraq, but for a more aggressive policy of "regime change" as well.  Safire argues that the goals of disarmament and "regime change" must be seen as inseparable: "There can be no guarantee of disarmament in
Iraq," he writes, "without the overthrow of Saddam and his gang."

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Government Documents/Speeches

President Bush's Speech Before the UN General Assembly (September 12, 2002)
With this speech, President Bush makes the American case against
Iraq before the international community. Whereas he previously used the logic of preemptive action to justify an invasion of Iraq, Bush now uses UN resolutions to justify military action.

A Decade of Deception and Defiance (September 12, 2002)
This White House document serves as a background paper to President Bush's UN speech. The September 12 document provides specific examples of how Iraqi President Saddam Hussein "has systematically and continually violated 16 United Nations Security Council Resolutions over the past decade." A preface to the document states that it is not designed to catalog all of the violations or other abuses committed by Saddam Hussein’s regime.

Relevent Articles Authored by Professor Koh

The Best Weapon: Article One by Harold Hongju Koh (September 16, 2001)
This is Professor Koh's September 2001 argument against an overly-broad Congressional authorization of force to combat the terrorists of September 11.  As is the case a year later, Koh believes
America can and must combat its global threats without undermining its democracy at home through an overexuberant concentration of power in the executive branch. "Congress has abundant constitutional power to punish the perpetrators of Tuesday's attacks for what they are," he wrote: "international criminals and violators of the law of all civilized nations."

A Better Way to Deal with Iraq by Harold Hongju Koh (October 20, 2002)
In this editorial, Professor Koh outlines his own objections to a proposed American conflict with Iraq: it would detract from the War on Terror; there seems no immediate threat from Hussein; and most importantly, a unilateral move would only cause harm to the United Nations. We cannot "ignore the UN in launching our attack, then expect that the UN will be there for the many years that it would take us to clean up and build a democratic postwar
Iraq."

The Spirit of the Laws by Harold Hongju Koh (Winter 2002)
Writing in the Harvard International Law Journal, Professor Koh argues that our response to the terrorist attacks of September 11, 2001, should closely comport with the spirit of existing international law in order to "keep the law on our side," "keep us on the moral high ground," and "preserve the vital support of our allies, international institutitions, and the watching public as the crisis proceeds."

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Additional Legal Resources and Opinions on the Conflict

But What's the Legal Case for Preemption? by Bruce Ackerman (August 18, 2002)
According to Bruce Ackerman, a professor at Yale Law School, there is no legal case for a preemptive strike against Iraq, and certainly none within the annals of American history.  The Gulf War was fought, for example, to remedy an act already taken by Saddam Hussein, not to thwart a move he might someday make. This is a vital distinction, both for the future of our Constitution and for the future of the international system. Bush "is constructing a double unilateralism," Ackerman writes. "Freed from the restraints of the Security Council abroad and Congress at home, the imperial presidency claims the authority to strike preemptively at any danger....the breadth of this doctrine is breathtaking."

The Most Dangerous Person on Earth by Jack M. Balkin (September 22, 2002)
George Bush's stand on preemptive strikes threatens to further erode the separation of powers guaranteed by the Constitution, this Yale Law Professor writes.  He can thus wage war for his own political advantage. "Armed with the doctrine of military preemption," Balkin argues, "the perpetual political campaign perfected by our last president might well become the perpetual military campaign of future presidents."

The Kurds' Secret Scenarios by Chris Kutschera (Winter 2002)

 
Voices From The Iraqi Street ICG Middle East Briefing (December 2002)