John Burroughs
In a stunning article, “The Iran Plans,” to appear in the April 17 New Yorker, Seymour Hersh reports that the Bush administration has intensified planning for bombing Iran; that it is giving serious attention to the option of using nuclear weapons to attack buried targets; and that U.S. combat troops are already in Iran preparing for military operations and recruiting local supporters from minority groups. As a whole, the article conveys that the administration is prepared to launch an attack should Iran not accede to U.S. demands, above all not to proceed with uranium enrichment activities. But the potential conflict goes beyond that: the administration seems committed to regime change regardless of whether the nuclear issues are capable of resolution (which they probably are, given any willingness to compromise on Washington’s part).
If executed, U.S. military action would apply the Bush doctrine of preventive war in an unprecedented way that would set the template for years or decades of regional and global violence, unrestrained by law. While the doctrine was a pretext for the Iraq invasion, that lawless action could at least be seen as a continuation of hostilities going back to the Iraqi invasion of Kuwait. U.S. use of nuclear weapons against Iran would be an atrocious act violating the existing near taboo that has held since U.S. devastation of Hiroshima and Nagasaki. That would in turn make it far more likely that the weapons will be used elsewhere as well–including against American cities.
The abhorrent consequences of military action, and of possible nuclear use, are referred to in the Hersh article and elsewhere. But it’s worth dwelling on issues relating to international law constraints that receive far too little attention in the United States (for example, they go unmentioned by Hersh).
First, as Andy Lichterman explained in a recent post, an attack on Iran would be an act of aggression, barred by the UN Charter and prosecuted at Nuremberg. That is, it would be aggression unless authorized by the Security Council or in response to an Iranian attack. (For in-depth analysis, see the piece I co-authored in Human Rights, and Peter Weiss’s presentation to the New York session of the World Tribunal on Iraq.) The Security Council, however, may not even be able to agree on a resolution requiring Iran to cease enrichment-related activities, let alone a resolution imposing sanctions. The Council barely was able to agree on the recent non-binding presidential statement, given Russian and Chinese reluctance to engage in a confrontational course. Absent some very major change in circumstances, a resolution authorizing force is out of the question.
Second, as I explained in a 2003 paper, a U.S. nuclear attack on Iranian nuclear facilities would violate international law requirements of necessity, proportionality, and discrimination acknowledged by the United States and affirmed by the International Court of Justice in its advisory opinion on nuclear weapons. The Court put the principle of discrimination, which it described as “fundamental” and “intransgressible,” as follows: “States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets.” (emphasis added) Given the blast, heat and widespread radiation effects of an attack–the spread of radiation is elevated by an underground explosion by an earth penetrator–that requirement cannot be met. (more…)