Make Aggression a Crime Again

By Michael Youhana

Last week, Sinan Antoon published a reflection on the fifteenth anniversary of the invasion of Iraq in The New York Times. An emergent antiwar left would do well to contemplate his essay in its entirety. One line, in particular, struck me:

“The invasion of Iraq is often spoken of in the United States as a ‘blunder,’ or even a ‘colossal mistake.’ It was a crime.”

Zahra Ali, Matt Taibbi, and even Jill Stein made similar statements on the solemn anniversary. Much of the American left seems to agree on this point.

But was the invasion of Iraq actually a crime? Kirk H. Sowell, a meticulous analyst of Iraq’s domestic politics, doesn’t think so. He argues that such accusations are little more than petty slogans:

“The use of the term “crime” is mindless. No evidence of a crime is put forward; Iraq in fact violated the armistice, which followed the 1991. And a “crime” requires a mental state. Bush’s ignorance was historic, but the evidence is clear he sincerely believed the WMD rhetoric.”

I disagree with Sowell. While I don’t think that there’s anything wrong with sloganeering for a good cause, doing so is not necessary here. The Iraq War was a crime. And the war was criminal whether or not President Bush was genuinely concerned about the proliferation of weapons of mass destruction. It was criminal for the simple reason that the war’s architects violated the well-established international prohibition against waging a war of aggression.

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