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War IN IRAQ
Law, force and justice - Speech given by Dominique de Villepin,
Minister of Foreign Affairs, to the International Institute for Strategic Studies
London, March 27, 2003
It is an honour for me to be here today to deliver the annual lecture given
in memory of Alastair Buchan, the founder of your institute.
In these moments of crisis, a place of intellect and reflection such as yours
shows its real importance. It is a forum for exchange and debate vital to thought,
an essential laboratory for action.
I am speaking to you at a decisive moment in our history. At a serious moment,
when the United Kingdom is engaged in the military operations in Iraq. I naturally
wish that this conflict finds a swift conclusion with the minimum possible number
of casualties.
And in this time of trial, I come to you in a spirit of respect, friendship
and dialogue. With the clear awareness that your country is at war and your
soldiers at risk, I come here to look to the future, beyond the current differences
between our two countries.
I believe that we will only overcome the current obstacles if we take a clear
and frank measure of our divisions. I am certain that, in the troubled world
in which we live, we need unity more than ever before. And I hope to show you
a French vision that aims to build and re-establish dialogue.
France and the United Kingdom have particular responsibilities as permanent
members of the UN Security Council. They should exercise these responsibilities
in pursuit of the same goal: international stability, security and peace. This
implies working together to define the balance required for any international
action: law, force and justice.
Where were we ten years ago?
The end of the Cold War changed our world. Law was placed at the centre of international
concerns. Its relationship with force was profoundly changed.
For nearly fifty years, nuclear deterrence had guaranteed order. Both the West
and the Communist world knew that the use of force would result in untold devastation
on both sides. War would have meant the failure of deterrence and the unthinkable
apocalypse.
Yet, with the end of the Cold War, force came back as a policy option. It could
be envisaged again, because its cost was no longer disproportionate.
Yet it was rarely used. Because the assertion of Western values met with little
opposition. Because the United States was moderate in its use of force. Indeed,
it has always been true that only moderation makes power acceptable. As Thucydides
remarked in ancient times: "We should be praised for being more just than
our available power would normally imply."
However, no international order can be based solely on what the powers-that-be
want it to be based. Collective norms were hence defined to contain the use
of force within the bounds of collective responsibility.
This new order met with considerable success.
It curbed territorial aggression. In 1991, respect for the rule of law and the
use of force drove Saddam Hussein out of Kuwait. Any similar invasion would
surely be met today with an immediate and forceful reaction from the international
community.
This order also brought assistance to the populations who fell victim to civil
war, authoritarian regimes and natural disasters. Following the Gulf War, operation
Provide Comfort stopped the flow of Kurdish refugees into Turkey and helped
them to return to Northern Iraq. It paved the way for the right of humanitarian
intervention and major UN operations: in Somalia, Haiti, Rwanda, Bosnia, East
Timor and Sierra Leone.
And not least, the new order helped define a set of standards that made force
available to a law based on humanist values. Respect for the individual, the
defence of freedoms, and the fight against poverty and epidemics were all given
the force of law.
Yet this balance between law and force did not solve all security problems.
Firstly, it did not solve the question of Iraq's disarmament, other than with
a policy of sanctions that hit primarily the Iraqi people. Secondly, it did
not open up prospects for solving the regional crises threatening the world's
stability: first and foremost the Middle East, which remains a prisoner of a
spiral of violence and retaliation; but also the disputes in Cyprus and Western
Sahara, and the crisis in Kashmir. In these regions, the promises of the new
world order ran up against the complexity of religious and ethnic relations,
the weight of history and geographic constraints.
Moreover, the international community's support for this order gradually waned.
The results obtained demanded considerable UN resources: in Sierra Leone, a
country with 4 million inhabitants covering 71,000 square kilometres, 16,000
UN troops are needed to maintain what remains a fragile order.
The limits of the humanitarian intervention concept have gradually started to
show. It makes it possible to take action against a government's will when an
imminent humanitarian catastrophe demands it. But it has also prompted concern
among the emerging powers and could be criticized for being partial. Why take
action here rather than elsewhere? Who makes the decision to intervene, and
based on what legitimate authority?
The case of Kosovo reflects the complexity of these issues. We were faced with
some disturbing realities in this crisis. The concept of humanitarian intervention
was questioned for the first time. Some powers in the South feared it would
allow the Western democracies to unduly encroach on their sovereignty. And Kosovo
prompted contradictory criticisms from these same democracies: some objected
to a premature use of force, or the interference of political leaders in the
conduct of military operations.
At the end of the day, the operation in Kosovo was a legitimate enterprise and
a political success. But it was also a source of divisions. Some saw it as the
first instance of a customary right to intervene on humanitarian grounds without
a UN mandate. We, however, saw it as an exception, justified by wide support
and the threat of an imminent humanitarian disaster.
11 September put an end to the emergence of a new world order.
Firstly, the world entered the age of mass terrorism. We now know that the terrorist
organizations will stop at nothing to spread their message of hate.
Secondly, it changed the meaning of power: in a world where the weak can destabilize
the strong, where ideologies flout the most fundamental rights, the use of force
is not a sufficient answer. When the blade unites with new technologies, it
side-steps the classic rules of power.
Thirdly, it revealed the vulnerability of the United States, triggered a feeling
of anger and injustice and led this country to change its view of the world.
Attacked in the heart, America refocused its priorities on its own security,
its own soil and its own population.
These times of great changes call for a renewed close and trusting relationship
with the United States. France is ready. We understand the immense trauma that
this country has suffered. We showed unwavering solidarity with the Americans
after 11 September and we share their utmost determination to tirelessly fight
terrorism worldwide. Our military commitment in Afghanistan and especially our
intelligence input illustrate this. Lastly, we will continue to work together
on the major proliferation challenges facing us, especially in North Korea.
Because they share common values, the United States and France will re-establish
close cooperation in complete solidarity. We owe it to the friendship between
our peoples, for the international order that we wish to build together.
Over the last few months, some have wondered about France's reasons for its
ways of going about settling the Iraq crisis. I would like to say loud and clear
that our choices were not made against one country or another, but in the name
of a certain idea of collective responsibility and of a world vision.
We shouldn't underestimate the stakes here. We need to know by which rules we
would like to live together: only consensus and respect for law can give force
the legitimacy it needs. If we overstep this mark, could the use of force become
a destabilizing element?
We also need to know how to manage the many crises throughout the world. Iraq
is not an isolated case. North Korea and other countries are raising new threats
of proliferation. We must therefore give ourselves the means to deal with them.
We had started defining a disarmament method together and this method was giving
results.
Lastly, we have a fundamental concern: how could we neglect the risk of increased
misunderstanding between peoples? A misunderstanding that could lead to a clash
of cultures. Isn't that the major challenge of the day? Is it unavoidable? We
must find the right answers and fuel the spirit of dialogue and respect amongst
peoples.
In this respect we noted two elements that lie at the heart of UNSCR 1441: the
international community is most effective only hen it is united; the international
community is truly legitimate only when it shoulders all its responsibilities.
Responsibility meant that the Council had to strive relentlessly to improve
inspections in order to make the most of UNSCR 1441. We proposed reinforcing
the inspectors' resources, adopting a stringent timetable for inspections, a
speedy and focused work programme, and a short deadline for the interim report
to be presented.
Responsibility also meant that Security Council members should decide together
what must be done. And that they should keep control of the process at every
stage. That is why the Council could not endorse an ultimatum including an automatic
use of force. Indeed it would have been outside the framework unanimously agreed
on in UNSCR 1441. And it would not have been in keeping with the spirit of our
work. Those are the simple reasons for the impasse in the Security Council during
the last round of negotiations. In this context, France was continuously searching
for a compromise. Throughout this process, France kept its options open, including
the use of force, should inspections fail.
The situation in the Council did not change even by one vote because most members
felt the peaceful option had not been pursued to the full. Because the military
timetable seemed to overtake the diplomatic agenda from January onwards. Because
the very principle of inspections soon seemed to be called into question. Because
the sense of a gradual shift in objectives from the disarmament of Iraq to regime
change, or even the reshaping of the Middle East, no doubt increased the misunderstandings.
Through the Iraq crisis, two different understandings of the world are coming
head to head. They reflect different relationships between law and force, between
international legitimacy and the defence of national security interests.
According to one such understanding, democracy can be imposed from the outside.
Having faith in the power of the law is therefore something of a delusion. International
legal tools become constraints more than safeguards of international security.
Some even say that the US would assume its responsibilities alone and thereby
show its strength while Europe's position reflects its weakness. It also means
that some governments might decide of their own accord to strike first given
the scope of the threats. Self-defence then knows no bounds or constraints.
But the limits of the use of force in Iraq and unclear political prospects for
the country fuel many questions on the relevance of such an analysis.
We live in a complex world. It can no longer be explained by series of alliances,
as was the case in the nineteenth century or the Cold War. Today's world is
about new threats - terrorism and the proliferation of weapons of mass destruction;
about extremely volatile regional crises; about extremist and fundamentalist
ideologies active across the world; about organized crime becoming a new means
of financing and implementing these threats. Using force in this context will
not solve the real issues. It may reveal new fault lines.
We believe in democracy, just as the British and the Americans do. With the
Magna Carta, the 1789 Declaration of the Rights of Man and the US Constitution,
our countries headed the democratic revolution. We are convinced that democracy
needs resolve, conviction and a long learning period.
We do not oppose the use of force. We are only warning against the risks of
pre-emptive strikes as a doctrine. What example are we setting for other countries?
How legitimate would we feel such an action to be? What are our limits to the
use of such might? In endorsing this doctrine, we would risk introducing the
principle of constant instability and uncertainty. We risk not controlling situations
and rushing headlong into action. Let us not open a Pandora's box.
How, then, can we act? Our own view is underpinned by a number of requirements.
Unity: it is necessary given the complexity of our world. We can only uproot
terrorism if we increase our police, judicial and intelligence cooperation.
We can only respond to proliferation if we develop together an effective method.
We must build on what we started doing in Iraq. We can only resolve regional
crises if we start a constructive dialogue with all parties involved.
Responsibility: all the countries are collectively responsible for increasing
the security and stability of our world. Force is not a privilege some enjoy
and law the alibi of others. We are all bound by the law.
Legitimacy: it is the key to the effectiveness of international action. If we
want to develop the right answers to the challenges of the modern world and
to take appropriate measures - including the use of force - we must do so with
the authority of collective decisions.
We must now find once again the path to European unity and reassert transatlantic
solidarity on the basis of those requirements. We must rebuild the world order
shattered by the Iraq crisis.
This is a goal for all Europeans - the fifteen current members of the EU and
the soon-to-be members. However, it is a particular challenge for France and
the United Kingdom, which have developed over time a different relationship
with the US. Yet we are both concerned about the quality and strength of the
transatlantic relationship, which we acknowledge as a stabilizing force in our
world.
The alternative is not between force and law. Force must serve the law. Force
must be contained by the law to reverse Pascal's words: "unable to make
what is just strong, we have made what is strong just." Asserting the primacy
of the law is not an admission of weakness. It is a moral and political obligation,
the prerequisite not only for justice but also for effectiveness. Indeed, only
justice can guarantee lasting security.
Conversely, if the international system is still seen as unjust, if force always
seems to prevail over the law, if the opinions of the peoples are disregarded,
then destabilizing factors will grow stronger, proliferation programmes will
develop, power play will go on needlessly, and hostility towards Western democracies
will be increasingly manipulated.
We must now define our common goals.
Firstly, we must fully disarm Iraq. A unanimous international community rallied
around this goal. It must now be carried through by the inspectors. The UN must
steer the process. More importantly, the UN must be at the heart of the reconstruction
and administration of Iraq. The legitimacy of our action depends on it. We must
come together to build peace together in a region rife with a sense of insecurity
and deep fault lines.
The fight against terrorism must remain our priority. We must pursue our cooperation,
strengthen our exchange of intelligence and develop new tools to fight against
the financing of terrorist networks.
We continue to have a rich and ongoing partnership with the US and the United
Kingdom on proliferation. This partnership must go hand in hand with the work
we will conduct in the UN at the summit [of heads of State and Government] proposed
by France. We also suggest that European countries consult closely and develop
a common analysis of proliferation risks so as to assess together the means
to respond. We have started developing disarmament tools. They are based on
a balance between force and law. Establishing a standing group of UN inspectors
would give flesh to our hopes.
All these challenges demand that we work together more than ever before to find
a political settlement to the Middle East crisis. Because it is a fundamental
crisis, because it is fuelled by a deep sense of injustice, we can only have
lasting peace if it is justice-based. Such justice must meet the expectations
of the Palestinian people and guarantee the security of Israel. Only justice
can strengthen peace and law.
All these goals can only be met if the UN gives the impetus. But they can be
implemented within major regional poles.
To be truly stable, this new world must be based on a number of regional poles,
structured to face current threats. These poles should not compete against one
another, but complement each other. They are the cornerstones of an international
community built on solidarity and unity in the face of new challenges.
The determination of European countries to develop a common foreign and security
policy must reflect that. This determination shows our will to bring about a
true European identity. An identity that all the peoples of our continent are
yearning for. We wish to go resolutely down this path with the support and involvement
of the United Kingdom. We have already covered much ground together in the field
of defence. After the decision in Macedonia, we must pursue our projects: taking
over from NATO in Bosnia and establishing a European armaments agency. A strong
Europe will be in everyone's interest. It will strengthen the security of our
world.
France and the United Kingdom must overcome the current difficulties and remain
united.
I am convinced that what brings us together goes to the heart of the identity
of our peoples. We have the same sense of independence. We have the same sense
of our countries' global role. I cannot forget that, at the bleakest time in
our history, the United Kingdom welcomed the man who personified the honour
and spirit of resistance of our country. At the same time, Winston Churchill
and the British people embodied the hopes of the free peoples.
Strengthened by our mutual respect and friendship, France and the United Kingdom
want to be present and active when Europe comes together, to contribute to a
world that fulfils our shared yearning for peace and justice./.
Embassy of France in the United States - March 27, 2003
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