Victor Davis Hanson has an excellent column in NRO, Weapons of Mass Hysteria. In it he offers a multi-part defense of the prudence and morality of the Iraq war. It won’t convince the critics, of course, since no argument will at this point convince them. NB: Even had WMD been found, many would still have severely criticized the administration for the way they found and removed them. I view the screaming about WMD to be almost entirely political in the sense that, for a great many, it is motivated by a desire to discredit an administration to which those doing the screaming are deeply and very emotionally opposed. But I hasten to emphasize that this characterization does not apply to all such critics.
Hanson’s essay raises the issue of how the Rule of Law or “legality” differs from Justice (a principal theme of my last book, The Structure of Liberty: Justice and the Rule of Law). There is good reason to adopt and obey rules of law. And reason to condemn and even punish their breach. But ultimately such rules are in service of justice and Hanson’s interesting point is history judges such acts more by their justice than by their legality.
At any rate here is a rather lengthy excerpt from a pretty long essay that well bears reading in its entirety:
. . . 4. The wages of bluffing. If present stockpiles of WMDs are discovered not to have been present in Iraq in spring 2003 or to have been transported to Syria, it is probably because of deception inside Iraq itself. Either Iraqi weapons procurers and scientists may have misled an unhinged Saddam Hussein or Saddam knew he had no arsenal and yet deliberately misled the U.N. In other words, if the world decides that such a monster cannot have such weapons (as the U.N., in fact, did in several resolutions), and such a monster chooses for whatever bizarre reasons to avoid disclosing information about them, then either one acts on logical inferences or does not — and thus accepts the wages of such defiance.
I am sorry that the United States has established a hair-trigger reputation in matters of deadly agents of mass destruction — but apparently other rogue nations now believe that the burden of proof is no longer on us to establish that they have them, but rather on them to ensure the world that they do not. And that is not necessarily a bad thing if we ponder that the lives of thousands may hang in the balance.
5. WMD deterrence. So it turns out that the emphasis on weapons of mass destruction in Iraq, and the subsequent effort to take out Saddam Hussein have had a powerful effect on such arsenals far beyond Baghdad. Without the removal of the Baathists, Libya would never have confessed to its nuclear roguery. Without the recent war, Iran would never have professed a desire to follow international protocols. Without the recent conflict, Pakistan would never have investigated its own outlaw scientists.
Whether we like it or not, the precedent that the United Sates might act decisively against regimes that were both suspected of pursuing WMD acquisition and doing nothing to allay those fears, has had a powerful prophylactic effect in the neighborhood. Only in this Orwellian election year, would candidates for the presidency decry that the war had nothing to do with the dilemma of WMDs — even as Libya, Iran, and Pakistan by their very actions apparently disagreed.
[snip]
8. History’s verdict. The morality of a war, perhaps tragically so, is usually judged by the way it was waged and its aftermath. Thus while historians quibble about whether Roosevelt “knew” about December 7, most care little because they accept Japanese aggression and the ultimate success and morality of our efforts to defeat it. Conservatives harp that President Clinton neither went to the U.N. nor the U.S. Senate to bomb Serbia; but their objections to his preemption rightly fell on deaf ears because the real moral question was rather to stop genocide and end the reign of a mass murderer. Most of us did not care a whit about Monica, but appreciated deeply the Clinton effort (way too late) to stop the slaughter in the Balkans and finally to show some displeasure with Saddam Hussein.
This is not an argument to ignore concerns over dissimulation, but rather to appreciate that when confronted with an ogre the moral issue sometimes is ending his reign and leaving millions safe and free in his wake, rather than quibbling over the legal basis to do so.
In contrast, we talk still about an exaggerated Gulf of Tonkin resolution precisely because the ensuing war became morally questionable, was often waged nonsensically, and was ultimately lost — resulting in millions of dead in vain, refugees, and internees. Had we acted wisely in Vietnam, created a South Korea-like state within three years, and today be witnessing a Saigon similar to Seoul, the Gulf of Tonkin legislation would be seen instead as an irrelevant if improper effort to prompt needed action to save millions from Communism rather than the disingenuous catalyst that led to quagmire.
Again, this is not to suggest the ends justify the means, but rather to acknowledge that there are always deeper reasons to go to war than what lawyers, diplomats, and politicians profess. Those underlying factors are ultimately judged as moral or immoral by history’s unforgiving logic of how, and for what reason, the war was waged — and what were its ultimate results. We live in a sick, sick West if we investigate Mr. Bush’s and Mr. Blair’s courageous efforts to end Iraqi fascism, while ignoring the thousands of Europeans and multinational corporations who profited from his reign of terror.
Postmortem. If the United States went to war with Iraq only because of the threat of WMDs; if the mass murdering of Saddam Hussein was found on examination to be highly exaggerated; if we had some secret plan for stealing the oil of Iraq, if Saddam Hussein posed no future threat to the United States or its allies; if the war resulted in a worse future for Iraq, the United States, and the surrounding Middle East; and if the administration deliberately constructed false intelligence evidence to advance such an unnecessary war that resulted in misery rather than hope, then an apology is needed now. But so far, that has simply not been the case.
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