Iraq Liberation Act
Encyclopedia
The Iraq Liberation Act of 1998 is a United States
Congressional
statement of policy calling for regime change in Iraq. It was signed into law by President Bill Clinton
, and states that it is the policy of the United States to support democratic movements within Iraq. The Act was cited in October 2002 to argue for the authorization of military force against the Iraqi government.
Representative Benjamin A. Gilman
(Republican, NY-20) introduced the on September 29, 1998. The House of Representatives passed the bill 360 - 38 on October 5, and the Senate passed it with unanimous consent
two days later. President Clinton signed the Iraq Liberation Act into law on October 31, 1998.
had:
The Act declared that it was the Policy of the United States to support "regime change." The Act was passed 360-38 in the U.S. House of Representatives
and by unanimous consent
in the Senate
. US President
Bill Clinton
signed the bill into law on October 31, 1998. The law's stated purpose was: "to establish a program to support a transition to democracy
in Iraq." Specifically, Congress made findings of past Iraqi military actions in violation of International Law and that Iraq had denied entry of United Nations Special Commission on Iraq (UNSCOM) inspectors into its country to inspect for weapons of mass destruction. Congress found: "It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein
from power in Iraq and to promote the emergence of a democratic government to replace that regime." On December 16, 1998, President Bill Clinton mandated Operation Desert Fox
, a major four-day bombing campaign on Iraqi targets.
President Clinton stated in February 1998:
The Act authorized the President to assist all such groups with: broadcasting assistance (for radio and television broadcasting), military assistance (training and equipment), and humanitarian assistance (for individuals fleeing Saddam Hussein). The Act specifically refused to grant the President authority to use U.S. Military force to achieve its stated goals and purposes, except as authorized under the Act in section 4(a)(2)) in carrying out this Act.
In November 1998 President Clinton stated that "The evidence is overwhelming that such changes will not happen under the current Iraq leadership."
A generalized statement of policy toward the post-Hussein Iraq was also set forth stating, "It is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime."
often referred to the Act and its findings to argue that the Clinton Administration supported regime change in Iraq and further that it believed that Iraq was developing weapons of mass destruction. The Act was cited as a basis of support in the Congressional Authorization for use of Military Force Against Iraq in October 2002.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
statement of policy calling for regime change in Iraq. It was signed into law by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, and states that it is the policy of the United States to support democratic movements within Iraq. The Act was cited in October 2002 to argue for the authorization of military force against the Iraqi government.
Representative Benjamin A. Gilman
Benjamin A. Gilman
Benjamin Arthur "Ben" Gilman is a former Republican United States Representative from New York. Born in Poughkeepsie, New York, Gilman graduated from Middletown High School in Middletown, New York in 1941 and received a B.S. from the Wharton School Finance at the University of Pennsylvania in...
(Republican, NY-20) introduced the on September 29, 1998. The House of Representatives passed the bill 360 - 38 on October 5, and the Senate passed it with unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
two days later. President Clinton signed the Iraq Liberation Act into law on October 31, 1998.
Findings and declaration of policy
The Act found that between 1980 and 1998 IraqIraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
had:
- committed various and significant violations of International LawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, - had failed to comply with the obligations to which it had agreed following the Gulf WarGulf WarThe Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
and - further had ignored Resolutions of the United Nations Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
.
The Act declared that it was the Policy of the United States to support "regime change." The Act was passed 360-38 in the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and by unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. US President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
signed the bill into law on October 31, 1998. The law's stated purpose was: "to establish a program to support a transition to democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
in Iraq." Specifically, Congress made findings of past Iraqi military actions in violation of International Law and that Iraq had denied entry of United Nations Special Commission on Iraq (UNSCOM) inspectors into its country to inspect for weapons of mass destruction. Congress found: "It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
from power in Iraq and to promote the emergence of a democratic government to replace that regime." On December 16, 1998, President Bill Clinton mandated Operation Desert Fox
Operation Desert Fox
The December 1998 bombing of Iraq was a major four-day bombing campaign on Iraqi targets from December 16–19, 1998 by the United States and United Kingdom...
, a major four-day bombing campaign on Iraqi targets.
President Clinton stated in February 1998:
Iraq admitted, among other things, an offensive biological warfare capability, notably, 5,000 gallons of botulinum, which causes botulism; 2,000 gallons of anthrax; 25 biological-filled Scud warheads; and 157 aerial bombs. And I might say UNSCOM inspectors believe that Iraq has actually greatly understated its production....
Over the past few months, as [the weapons inspectors] have come closer and closer to rooting out Iraq's remaining nuclear capacity, Saddam has undertaken yet another gambit to thwart their ambitions by imposing debilitating conditions on the inspectors and declaring key sites which have still not been inspected off limits....
It is obvious that there is an attempt here, based on the whole history of this operation since 1991, to protect whatever remains of his capacity to produce weapons of mass destruction, the missiles to deliver them, and the feed stocks necessary to produce them. The UNSCOM inspectors believe that Iraq still has stockpiles of chemical and biological munitions, a small force of Scud-type missiles, and the capacity to restart quickly its production program and build many, many more weapons....
Now, let's imagine the future. What if he fails to comply and we fail to act, or we take some ambiguous third route, which gives him yet more opportunities to develop this program of weapons of mass destruction and continue to press for the release of the sanctions and continue to ignore the solemn commitments that he made? Well, he will conclude that the international community has lost its will. He will then conclude that he can go right on and do more to rebuild an arsenal of devastating destruction. And some day, some way, I guarantee you he'll use the arsenal....
President Clinton ~ 1998
Support for groups opposed to Hussein
This act required the President to designate one or more qualified recipients of assistance, with the primary requirement being opposition to the present Saddam Hussein regime. Such groups should, according to the Act, include a broad spectrum of Iraqi individuals, groups, or both, who are opposed to the Saddam Hussein regime, and are committed to democratic values, respect for human rights, peaceful relations with Iraq's neighbors, maintaining Iraq's territorial integrity, and fostering cooperation among democratic opponents of the Saddam Hussein regime. On February 4, 1999 President Clinton designated seven groups as qualifying for assistance under the Act. (see Note to 22 U.S.C. 2151 and 64 Fed. Reg. 67810). The groups were- The Iraqi National AccordIraqi National AccordThe Iraqi National Accord known inside Iraq as Wifaq is an Iraqi political party founded by Iyad Allawi and Salah Omar Al-Ali in 1991. Al-Ali subsequently left the party after he realised the extent of Allawi's links to foreign intelligence agencies, mainly the C.I.A. and MI6.It was founded at the...
, - The Iraqi National CongressIraqi National CongressThe Iraqi National Congress is an umbrella Iraqi opposition group led by Ahmed Chalabi. It was formed with the aid and direction of the United States government following the Gulf War, for the purpose of fomenting the overthrow of Iraqi leader Saddam Hussein.-History:INC was set up following the...
, - The Islamic Movement of Iraqi Kurdistan,
- The Kurdistan Democratic Party,
- The Movement for Constitutional Monarchy,
- The Patriotic Union of KurdistanPatriotic Union of KurdistanThe Patriotic Union of Kurdistan is a Kurdish political party in Iraqi Kurdistan. The Patriotic Union of Kurdistan was founded on June 1, 1975, by coordinations between Jalal Talabani and Nawshirwan Mustafa...
, and - The Supreme Council for Islamic Revolution in Iraq.
The Act authorized the President to assist all such groups with: broadcasting assistance (for radio and television broadcasting), military assistance (training and equipment), and humanitarian assistance (for individuals fleeing Saddam Hussein). The Act specifically refused to grant the President authority to use U.S. Military force to achieve its stated goals and purposes, except as authorized under the Act in section 4(a)(2)) in carrying out this Act.
In November 1998 President Clinton stated that "The evidence is overwhelming that such changes will not happen under the current Iraq leadership."
Contemplation of post-Hussein Iraq
The Act contemplated the future need for War Crimes Tribunals in Iraq stating, "The Congress urges the President to call upon the United Nations to establish an international criminal tribunal for the purpose of indicting, prosecuting, and imprisoning Saddam Hussein and other Iraqi officials who are responsible for crimes against humanity, genocide, and other criminal violations of international law."A generalized statement of policy toward the post-Hussein Iraq was also set forth stating, "It is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime."
Precursor to war
President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
often referred to the Act and its findings to argue that the Clinton Administration supported regime change in Iraq and further that it believed that Iraq was developing weapons of mass destruction. The Act was cited as a basis of support in the Congressional Authorization for use of Military Force Against Iraq in October 2002.