From Dr. Ernest Engels:<\/p>\n
\nDear Mr. Bush,
\nI have a report that you have issued a statement that you are considering using force against Iran [in response to its resumption of uranium enrichment]. In the light of this statement I conclude you lack good advice on the issue. <\/p>\nYou should first recognize that Iran\u2019s suspension of uranium enrichment was voluntary. (See, EU-Iran agreement from November 15, 2004<\/a>. Furthermore, the IAEA is attending to the matter and the facts are not yet clear. IAEA Director Mohammed ElBaradei\u2019s August 11 statement.<\/a><\/p>\n
The United States is a member of the United Nations, a subscriber to the United Nations Charter<\/a> and is bound, in law, to observe its provisions. Under Chapter VII of the Charter, use of force, as contemplated by you, is authorized in only two circumstances; in self defence, individual or collective, or pursuant to a Security Council resolution. I know the Security Council has not resolved to permit what you propose to do. Article 51 of the Charter details the lawful use of force in self defence. The United States has not been attacked by Iran. Iran has not indicated any intention of launching such an attack. So, I anticipate that you are falling back on erroneous ideas about preemptive use of force in self defence. The United States has consistently decried the validity of such a concept, (see The Myth of Preemptive Self-Defense<\/a>). Your own The National Security Strategy of the United States of America<\/a> claims only a right to act preemptively against terrorists (and not states).<\/p>\n
Iran is not a model state in its respect for Human Rights, but the USA has questions to answer on that issue too (see Human Rights Watch<\/a>). I make this point to show that contemplating war is in a different order to all other questions.
\nThe law of the USA recognizes this. (see United States Code Title 50, Chapter 33<\/a>). Under the War Powers resolution you need the authority of Congress to launch any attack on Iran. (See, Response to Terrorism: Legal Aspects of the Use of Military Force<\/a> for a memorandum touching this issue). <\/p>\nI understand you are on holiday. Make it a long one.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"Under Chapter VII of the Charter, use of force, as contemplated by you, is authorized in only two circumstances; in self defence, individual or collective, or pursuant to a Security Council resolution. I know the Security Council has not resolved to permit what you propose to do. Article 51 of the Charter details the lawful use of force in self defence. The United States has not been attacked by Iran. Iran has not indicated any intention of launching such an attack.","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,4],"tags":[],"class_list":["post-78","post","type-post","status-publish","format-standard","hentry","category-general","category-tuppenceworthie"],"_links":{"self":[{"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/posts\/78","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/comments?post=78"}],"version-history":[{"count":0,"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/posts\/78\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/media?parent=78"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/categories?post=78"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tuppenceworth.ie\/blog\/wp-json\/wp\/v2\/tags?post=78"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}