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Law professors say war on Iraq illegal

By Anna Paningbatan

Oct. 9, 2002 9:00 p.m.

Condemning the Bush administration’s push to declare war on
Iraq, five UCLA professors have signed a statement calling the
effort illegal.

Over 250 professors from 73 law schools across the nation signed
the statement, which says that an attack without the United
Nations’ approval is a violation of U.S. treaty obligations
and international law.

It was sent to the Senate Leadership and Foreign Relations
Committee, as debate towards future action against Iraq continues
in the nation’s capital.

The statement was written by Law Professors for the Rule of Law,
an association of professors in American law schools.

“Iraq is a threat to its immediate neighbors and to
Israel, but not to the United States,” said Prof. Richard L.
Abel, one of the UCLA law professors who signed.

According to K.C. Sheehan, a professor at Southwestern
University Law School and one of the association’s
coordinators, the purpose of the statement is to “oppose
action against Iraq without the United Nation’s consent and to
provide a less conservative legal viewpoint in the political
arena.”

The signing professors contend that it is unlawful for the
United States or any nation to declare a war on a country that has
not initiated an attack. The U.N. Charter prohibits warfare without
the approval of the U.N. Security Council.

“(War) would be the greatest mistake of my lifetime. I am
not a pacifist or isolationist, but you have to have a good reason
to use military force,” Abel said.

“Attacking Iraq would consolidate the view of the world
that America is a very powerful and aggressive nation,” he
continued.

UCLA Professor Laura E. Gomez, who also signed the statement,
believes that it is important for law students and lawyers to take
a position as future policy-makers.

“I think that they are obligated to take a position in the
war one way or another as they assume leadership roles in
society,” she said.

Robert Smith, a first-year law student agrees.

“Lawyers and law students are in a unique position in
matters of international law and public policy as they can provide
insight to Congress that can be useful,” he said.

He also believes that President Bush should consult the United
Nations.

“Bush should seek an international mandate to support
action against Iraq to comply with international law and increase
the chance that any effort we take against Iraq will be
successful,” he said.

However, at least one student feels that law students should
remain more objective.

“I think as a law student, my connection to potential
future policy-making is too (close) to obligate me to take a
position,” said second-year law student Michael
Kovaleski.

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Anna Paningbatan
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