Monday, May 30, 2005

New information surfaced on Saturday, 28 May, that suggest that the US and UK increased air strikes against Iraq in mid 2002. The Ministry of Defence figures, provided in response to a question from Sir Menzies Campbell, the Liberal Democrat foreign affairs spokesman, show that allied aircraft doubled the rate at which they were dropping bombs on Iraq beginning in May of 2002.

This apparent escalation in the number and intensity of air strikes was initiated prior to the passage of UN Resolution 1441 in November 2002 and prior to the US Congress authorizing the use of force against Iraq in October 2002. Critics claim that this was an attempt to provoke Saddam Hussein or soften his military infrastructure in preparation for a more comprehensive military campaign, and that it reaffirms their assertions that the Bush administrations was determined to go to war long before the official decision was made.

In August 2002, allied commander Tommy Franks admitted that this operation was designed to “degrade” Iraqi air defences in the same way as the air attacks that began the 1991 Gulf war, but according to legal guidance appended to the Downing Street memo (dated 23 July 2002) the allied aircraft were only “entitled to use force in self-defence where such a use of force is a necessary and proportionate response to actual or imminent attack from Iraqi ground systems”.

According to military documents shown to the Sunday Express in 2002, the Allies invaded Iraq from Turkey on August 8th, 2002, after an air strike on the 6th that took out a crucial air defence system.

Pentagon officials initially denied there had been any military action or incursion, but when challenged with specific military details a spokesman called back two hours later issuing the terse statement: “We can’t comment on current or future operations.”

The evidence seems to corroborate information in the Downing Street memo:

“CDS said that military planners would brief CENTCOM on 1-2 August, Rumsfeld on 3 August and Bush on 4 August.

The two broad US options were:

(a) Generated Start. A slow build-up of 250,000 US troops, a short (72 hour) air campaign, then a move up to Baghdad from the south. Lead time of 90 days (30 days preparation plus 60 days deployment to Kuwait).

(b) Running Start. Use forces already in theatre (3 x 6,000), continuous air campaign, initiated by an Iraqi casus belli. Total lead time of 60 days with the air campaign beginning even earlier. A hazardous option.

The US saw the UK (and Kuwait) as essential, with basing in Diego Garcia and Cyprus critical for either option. Turkey and other Gulf states were also important, but less vital. The three main options for UK involvement were:

(i) Basing in Diego Garcia and Cyprus, plus three SF squadrons.

(ii) As above, with maritime and air assets in addition.

(iii) As above, plus a land contribution of up to 40,000, perhaps with a discrete role in Northern Iraq entering from Turkey, tying down two Iraqi divisions.

The Defence Secretary said that the US had already begun “spikes of activity” to put pressure on the regime. No decisions had been taken, but he thought the most likely timing in US minds for military action to begin was January, with the timeline beginning 30 days before the US Congressional elections.”

In light of these revelations, Representative John Conyers has sent a letter to U.S. Secretary of Defense Donald Rumsfield. A draft of the letter is available here.

In Conyer’s draft, he states:

“The allegations and factual assertions made in the May 29 London Times are in many respects just as serious as those made in the earlier article. If true, these assertions indicate that not only had our nation secretly and perhaps illegally agreed to go to war by the summer of 2002, but that we had gone on to take specific and tangible military actions before asking Congress or the United Nations for authority.”

Thus, while there is considerable doubt as to whether the U.S. had authority to invade Iraq, given, among other things, the failure of the U.N. to issue a follow-up resolution to the November 8, 2002 Resolution 1441, it would seem that the act of engaging in military action via stepped up bombing raids that were not in response to an actual or imminent threat before our government asked for military authority would be even more problematic from a legal as well as a moral perspective.

As a result of these new disclosures, I would ask that you respond as promptly as possible to the following questions:

1) Did the RAF and the United States military increase the rate that they were dropping bombs in Iraq in 2002? If so, what was the extent and timing of the increase?

2) What was the justification for any such increase in the rate of bombing in Iraq at this time? Was this justification reviewed by legal authorities in the U.S.?

3) To the best of your knowledge, was there any agreement with any representative of the British government to engage in military action in Iraq before authority was sought from the Congress or the U.N.? If so, what was the nature of the agreement?

In connection with all of the above questions, please provide me with any memorandum, notes, minutes, documents, phone and other records, e-mails, computer files (including back-up records) or other material of any kind or nature concerning or relating thereto in the possession or accessible by the Department of Defense.”