イラク戦争の大義
イラク戦争は、2003年3月19日の米英を中心とした多国籍軍のイラク攻撃により始まった。
このイラク戦争、「大義なき戦争」というのが、一般的な評価だと思っているのだが、どうも攻撃に加担した政府のいう「大義」を信じ込んでいる人もいるようで、なんだかなあ、という感じ。
例えば、野良狸さんのエントリー「イラクの自衛隊、犠牲者なしはすごい」？
にこんなコメントをつけてきた罵愚さんとか。
「大義はあったさ。あなたたちが認めたくないだけのことさ。」（罵愚2006/06/25 04:48）
ま、意見や見解の相違は人それぞれで、別にどうこう言うつもりはない（横柄な言い方は問題だと思うけど）。
ただ、私自身の認識では、前記の通り「大義なき戦争」なので、どういう情報と判断基準に従って「大義はあった」となったのか、については興味があった。で、野良狸さんのエントリーで議論をすることになったわけだが、1週間くらい議論した結果、
どうもこの人（罵愚さん）の「大義はあった」というのは、論理的帰結ではなく、信仰なのではないか？
と認識するに至った。そもそも「大義」をどう定義しているのか、にすら、言を左右にして答えようとせず、
「「大義の有無」は議論にはならない。あるいは、フセイン打倒が大義でいいじゃぁないか。それが、ブッシュの大義だったのだから。」（罵愚2006/06/29 05:21）
と言い出す始末。
そして、こう。
「どうも「大義」は不適切だ。「国際法をベースにした適法性」とでも言いなおしたほうがいい、とわたしは提案し、あなたも同意して、一週間の議論の結果、イラクの釈明は不充分だったという結論に達した。ここまでは、すでにあなたは納得したのに、その上にまたおなじ主張を書き出す。」（罵愚2006/07/02 05:28）
この人の文章はとにかく冗長なのだが、冗長な中でこっそり「とわたしは提案し、あなた（野良狸さんのこと）も同意して」と言うおかしな事を言い出す癖がある。
あなた（罵愚さんのこと）の言う「大義」とは何なのか？という問い詰めを1週間行った結果、やっと出てきたのが
「国際法をベースにした適法性」なわけで、そもそも罵愚さんが自らこれを提案するのであれば、
「大義はあったさ。あなたたちが認めたくないだけのことさ。」（罵愚2006/06/25 04:48）
と発言したときに言うべきことだと思う。
「一週間の議論の結果、イラクの釈明は不充分だったという結論に達した。」
に至っては、失笑を禁じえない。
1週間の議論の主な中身は、上記どおり「あなた（罵愚さんのこと）の言う「大義」とは何なのか？」であるし、野良狸さんがコメントしたのは、「（イラクが提出した申告書をもって、）国連決議に対し、全く何もしなかった訳ではない、という反論にするには、的確な事柄ではなかったようでした。」であって、「イラクの釈明は不充分だったという結論に達した。」わけではない。そもそも野良狸さんは、まだ資料を調べている状況で結論に達するわけがない。
（罵愚さんに関することはここまで。主張に不整合がありすぎてきりがないので。）
で、イラク戦争開戦に関する件だが。
自分の基本的な判断基準はこんな感じ。
「大義の有無」＝「正当な開戦理由の有無」
なお、正当な開戦理由とは、現に自国もしくは同盟国が攻撃された場合、あるいは国連が武力行使を容認した場合のみを指す。
この判断基準をもって、イラク戦争を判断してみる。
基本的には「大義なき戦争」と言う認識だが、私が把握している情報そのものが不足している場合、判断が変わることもありえる。
・湾岸戦争停戦～2003年3月の期間において、イラクはアメリカ、もしくはアメリカの同盟国を攻撃したか？
私の知っている限り、戦争を起こすほどの大規模な攻撃はなかったと記憶している。
・国連は武力行使を容認したか？
論争としては、この問題についてであろう、と思う。なので、これについて調べてみた。
WIKIにこんな記載があった。
「湾岸戦争停戦の根拠とされる国連決議687号が、国連決議1441号に基づいて消滅し、湾岸戦争開戦の根拠とされる国連決議678号に戻るため。」
これは、アメリカや日本政府が使っているロジックらしい。ただし、これには反論も出ている。
一応、国連決議678、687、1441が何を指すのか、簡単に記載（？と思う方は原文や参照決議を確認してください）。
（国連決議678）イラクがクウェートからの撤退に応じない場合、多国籍軍によるイラクに対する武力行使を認める。
（国連決議687）湾岸戦争の停戦条件を定める。
（国連決議1441）イラクが湾岸戦争の停戦条件である（大量破壊兵器・射程150km以上のミサイルに対する）軍備制限を執行するように勧告する。
私の疑問
・・そもそもイラクは国連決議1441号に対する重大な違反を行ったのか？
・・国連決議1441号は国連決議687号を消滅させる効力を持つのか？
・・仮に国連決議687号が消滅したとして、国連決議678号は戦端を開く理由になるのか？
とりあえず、関連決議を読んでみようかと思う。多いけど・・・
(以下、国連決議678、687（1441については全文日本語訳がWEB上にあるので略）)
*** 国連決議678 ************************************
United Nations Security Council Resolution 678 (29 NOVEMBER, 1990)
The Security Council,
Recalling and reaffirming its resolutions 660 (1990), 661 (1990), 662 (1990), 664 (1990), 665 (1990), 666 (1990), 667 (1990), 669 (1990), 670 (1990) and 674 (1990),
Noting that, despite all efforts by the United Nations, Iraq refuses to comply with its obligation to implement resolution 660 (1990) and the above subsequent relevant resolutions, in flagrant contempt of the Council,
Mindful of its duties and responsibilities under the Charter of the United Nations for the maintenance and preservation of international peace and security,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to do so;
2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement Security Council resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;
3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of this resolution;
4. Requests the States concerned to keep the Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of this resolution;
5. Decides to remain seized of the matter.
VOTE: 12 for, 2 against (Cuba and Yemen); 1 abstention (China)
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*** 国連決議687 ************************************
United Nations Security Council Resolution 687 (April 3, 1991)
The Security Council,
Recalling its resolutions 660 (1990), 661 (1990), 662 (1990), 664 (1990), 665 (1990), 666 (1990), 667 (1990), 669 (1990), 670 (1990), 674 (1990), 677 (1990), 678 (1990) and 686 (1991),
Welcoming the restoration to Kuwait of its sovereignty, independence and territorial integrity and the return of its legitimate government,
Affirming the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq, and noting the intention expressed by the Member States co-operating with Kuwait under paragraph 2 of resolution 678 (1990) to bring their military presence in Iraq to an end as soon as possible consistent with paragraph 8 of resolution 686 (1991),
Reaffirming the need to be assured of Iraq's peaceful intentions in light of its unlawful invasion and occupation of Kuwait,
Taking note of the letter sent by the Foreign Minister of Iraq on 27 February 1991 (S/22275) and those sent pursuant to resolution 686 (1991) (S/22273, S/22276, S/22320, S/22321 and S/22330),
Noting that Iraq and Kuwait, as independent sovereign States, signed at Baghdad on 4 October 1963 'Agreed Minutes Regarding the Restoration of Friendly Relations, Recognition and Related Matters', thereby recognizing formally the boundary between Iraq and Kuwait and the allocation of islands, which were registered with the United Nations in accordance with Article 102 of the Charter and in which Iraq recognized the independence and complete sovereignty of the State of Kuwait within its borders as specified and accepted in the letter of the Prime Minister of Iraq dated 21 July 1932, and as accepted by the Ruler of Kuwait in his letter dated 10 August 1932,
Conscious of the need for demarcation of the said boundary,
Conscious also of the statements by Iraq threatening to use weapons in violation of its obligations under the Geneva Protocol for the prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and of its prior use of chemical weapons and affirming that grave consequences would follow any further use by Iraq of such weapons,
Recalling that Iraq has subscribed to the declaration adopted by all states participating in the Conference of States Parties to the 1925 Geneva Protocol and Other Interested States, held at Paris from 7 to 11 January 1989, establishing the objective of universal elimination of chemical and biological weapons,
Recalling further that Iraq has signed the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 10 April 1972,
Noting the importance of Iraq ratifying this Convention,
Noting moreover the importance of all States adhering to this Convention and encouraging its forthcoming Review Conference to reinforce the authority, efficiency and universal scope of the convention,
Stressing the importance of an early conclusion by the Conference on Disarmament of its work on a Convention on the Universal Prohibition of Chemical Weapons and of universal adherence thereto,
Aware of the use by Iraq ballistic missiles in unprovoked attacks and therefore of the need to take specific measures in regard to such missiles located in Iraq,
Concerned by the reports in the hands of Member States that Iraq has attempted to acquire materials for a nuclear-weapons programme contrary to its obligations under the treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968,
Recalling the objective of the establishment of a nuclear-weapons-free zone in the region of the Middle East,
Conscious of the threat which all weapons of mass destruction pose to peace and security in the area and of the need to work towards the establishment in the Middle East of a zone free of such weapons,
Conscious also of the objective of achieving balanced and comprehensive control of armaments in the region,
Conscious further of the importance of achieving the objectives noted above using all available means, including a dialogue among the states of the region,
Noting that resolution 686 (1991) marked the lifting of the measures imposed by resolution 661 (1990) in so far as they applied to Kuwait,
Noting that despite the progress being made in fulfilling the obligations of resolution 686 (1991), many Kuwaiti and third country nationals are still not accounted for and property remains unreturned,
Recalling the International Convention against the Taking of Hostages, opened for signature at New York on 18 December 1979, which categorizes all acts of taking hostages as manifestations of international terrorism,
Deploring threats made by Iraq during the recent conflict to make use of terrorism against targets outside Iraq and the taking of hostages by Iraq,
Taking note with grave concern of the reports of the Secretary-General of 20 March 1991 (S/22366) and 28 March 1991 (S/22409), and conscious of the necessity to meet urgently the humanitarian needs in Kuwait and Iraq,
Bearing in mind its objective of restoring international peace and security in the area as set out in recent Council resolutions,
Conscious of the need to take the following measures acting under Chapter VII of the Charter,
1. Affirms all thirteen resolutions noted above, except as expressly changed below to achieve the goals of this resolution, including a formal cease-fire;
A
2. Demands that Iraq and Kuwait respect the inviolability of the international boundary and the allocation of islands set out in the 'Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters', signed by them in the exercise of their sovereignty at Baghdad on 4 October 1963 and registered with the United Nations and published by the United Nations in document 7063, United Nations Treaty Series, 1964;
3. Calls on the Secretary-General to lend his assistance to make arrangements with Iraq and Kuwait to demarcate the boundary between Iraq and Kuwait, drawing on appropriate material including the map transmitted by Security Council document S/22412 and to report back to the Security Council within one month;
4. Decides to guarantee the inviolability of the above-mentioned international boundary and to take as appropriate all necessary measures to that end in accordance with the Charter;
B
5. Requests the Secretary-General, after consulting with Iraq and Kuwait, to submit within three days to the Security Council for its approval a plan for the immediate deployment of a United Nations observer unit to monitor the Khor Abdullah and a demilitarized zone, which is hereby established, extending 10 kilometres into Iraq and 5 kilometres into Kuwait from the boundary referred to in the 'Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters' of 4 October 1963; to deter violations of the boundary through its presence in and surveillance of the demilitarized zone; to observe any hostile or potentially hostile action mounted from the territory of one State to the other; and for the Secretary-General to report regularly to the Council on the operations of the unit, and immediately if there are serious violations of the zone or potential threats to peace;
6. Notes that as soon as the Secretary-General notified the Council of the completion of the deployment of the United Nations observer unit, the conditions will be established for the Member States co-operating with Kuwait in accordance with resolution 678 (1990) to bring their military presence in Iraq to an end consistent with resolution 686 (1991);
C
7. Invites Iraq to reaffirm unconditionally its obligations under the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and to ratify the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 10 April 1972;
8. Decides that Iraq shall unconditionally accept the destruction, removal, or rendering harmless, under international supervision, of:
(a) all chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities;
(b) all ballistic missiles with a range greater than 150 kilometres and related major parts, and repair and production facilities;
9. Decides, for the implementation of paragraph 8 above, the following:
(a) Iraq shall submit to the Secretary-General, within fifteen days of the adoption of this resolution, a declaration of the locations, amounts and types of all items specified in paragraph 8 and agree to urgent, on-site inspection as specified below;
(b) the Secretary-General, in consultation with the appropriate Governments and, where appropriate, with the Director-General of the World Health Organization (WHO), within 45 days of the passage of this resolution, shall develop, and submit to the Council for approval, a plan calling for the completion of the following acts within 45 days of such approval:
(i) the forming of a Special Commission, which shall carry out immediate on-site inspection of Iraq's biological, chemical and missile capabilities, based on Iraq's declarations and the designation of any additional locations by the Special Commission itself;
(ii) the yielding by Iraq of possession to the Special Commission for destruction, removal or rendering harmless, taking into account the requirements of public safety, of all items specified under paragraph 8 (a) above including items at the additional locations designated by the Special Commission under paragraph 9 (b) (i) above and the destruction by Iraq, under supervision of the Special Commission, of all its missile capabilities including launchers as specified under paragraph 8 (b) above;
(iii) the provision by the Special Commission of the assistance and co-operation to the Director-General of the International Atomic Energy Agency (IAEA) required in paragraph 12 and 13 below;
10. Decides that Iraq shall unconditionally undertake not to use, develop, construct or acquire any of the items specified in paragraphs 8 and 9 above and requests the Secretary-General, in consultation with the Special Commission, to develop a plan for the future ongoing monitoring and verification of Iraq's compliance with this paragraph, to be submitted to the Council for approval within 120 days of the passage of this resolution;
11. Invites Iraq to reaffirm unconditionally its obligations under the treaty on the Non-Proliferation of Nuclear Weapons, of 1 July 1968;
12. Decides that Iraq shall unconditionally agree not to acquire or develop nuclear weapons or nuclear-weapons-usable material or any subsystems or components or any research, development, support or manufacturing facilities related to the above; to submit to the Secretary-General and the Director-General of the International Atomic Energy Agency (IAEA) within 15 days of the adoption of this resolution a declaration of the locations, amounts and types of all items specified above; to place all of its nuclear-weapons-usable material under the exclusive control, for custody and removal, of the IAEA, with the assistance and co-operation of the Special Commission as provided for in the plan of the Secretary-General discussed in paragraph 9 (b) above; to accept, in accordance with the arrangements provided for in paragraph 13 below, urgent on-site inspection and the destruction, removal and rendering harmless as appropriate of all items specified above, and to accept the plan as discussed in paragraph 13 below for the future ongoing monitoring and verification of its compliance with these undertakings;
13. Requests the Director-General of the International Atomic Energy Agency (IAEA) through the Secretary-General, with the assistance and co-operation of the Special Commission as provided for in the plan of the Secretary-General in paragraph 9 (b) above, to carry out immediate on-site inspection of Iraq's nuclear capabilities based on Iraq's declarations and the designation of any additional locations by the Special Commission; to develop a plan for submission to the Security Council within 45 days calling for the destruction, removal, or rendering harmless as appropriate of all items listed in paragraph 12 above; to carry out the plan within 45 days following approval by the Security Council; and to develop a plan, taking into account the rights and obligations of Iraq under the Treaty on the Non-Proliferation of Nuclear Weapons, of 1 July 1968, for the future ongoing monitoring and verification of Iraq's compliance with paragraph 12 above, including an inventory of all nuclear material in Iraq subject to the Agency's verification and inspections to confirm that IAEA safeguards cover all relevant nuclear activities in Iraq, to be submitted to the Council for approval within 120 days of the passage of this resolution;
14. Takes note that the actions to be taken by Iraq in paragraphs 8, 9, 10, 11, 12 and 13 of this resolution represent steps towards the goal of establishing in the Middle East a zone free from weapons of mass destruction and all missiles for their delivery and the objective of a global ban on chemical weapons;
D
15. Requests the Secretary-General to report to the Security Council on the steps taken to facilitate the return of all Kuwaiti property seized by Iraq, including a list of any property which Kuwait claims has not been returned or which has not been returned intact;
E
16. Reaffirms that Iraq, without prejudice to the debts and obligation of Iraq arising prior to 2 August 1990, which will be addressed through the normal mechanisms, is liable under international law for any direct loss, damage, including environmental damage and the depletion of natural resources, or injury to foreign Governments, nationals and corporations, as a result of Iraq's unlawful invasion and occupation of Kuwait;
17. Decides that all Iraqi statements made since 2 August 1990, repudiating its foreign debt are null and void, and demands that Iraq scrupulously adhere to all of its obligations concerning servicing and repayment of its foreign debt;
18. Decides to create a fund to pay compensation for claims that fall within paragraph 16 above and to establish a commission that will administer the fund;
19. Directs the Secretary-General to develop and present to the council for decision, no later than 30 days following the adoption of this resolution, recommendations for the fund to meet the requirement for the payment of claims established in accordance with paragraph 18 above and for a program to implement the decisions in paragraphs 16, 17, and 18 above, including: administration of the fund; mechanisms for determining the appropriate level for Iraq's contribution to the fund based on a percentage of the value of the exports of petroleum and petroleum products from Iraq not to exceed a figure to be suggested to the council by the Secretary-General, taking into account the requirement of the people of Iraq, Iraq's payment capacity as assessed in conjunction with the international financial institutions taking into consideration external debt service, and the needs of the Iraqi economy; arrangements for ensuring that payment are made to the fund; the process by which funds will be allocated and claims paid; appropriate procedures for evaluating losses, listing claims and verifying their validity and resolving disputed claims in respect of Iraq's liability as specified in paragraph 16 above, and the composition of the commission designated above;
F
20. Decides, effective immediately, that the prohibitions against the sale or supply to Iraq of commodities or products, other than medicine and health supplies, and prohibitions against financial transactions related thereto, contained in resolution 661 (1990) shall not apply to foodstuffs notified to the committee established by resolution 661 (1990) or, with the approval of that committee, under the simplified and accelerated 'no-objection' procedure, to materials and supplies for essential civilian needs as identified in the report of the Secretary-General dated 20 March 1991 (S/22366), and in any further findings of humanitarian need by the committee;
21. Decides that the council shall review the provisions of paragraph 20 above every 60 days in light of the policies and practices of the government of Iraq, including the implementation of all relevant resolutions of the Security Council, for the purposes of determining whether to reduce or lift the prohibitions referred to therein;
22. Decides that upon the approval by the Council of the program called for in paragraph 19 above and upon council agreement that Iraq has completed all actions contemplated in paragraphs 8, 9, 10, 11, 12, and 13 above, the prohibitions against the import of commodities and products originating in Iraq and the prohibitions against financial transactions related thereto contained in resolution 661 (1990) shall have no further force or effect;
23. Decides that, pending action by the council under paragraph 22 above, the committee established by resolution 661 (1990) shall be empowered to approve, when required to assure adequate financial resources on the part of Iraq to carry, out the activities under paragraph 20 above, exceptions to the prohibition against the import of commodities and products originating in Iraq;
24. Decides that, in accordance with resolution 661 (1990) and subsequent related resolutions and until a further decision is taken by the council, all states shall continue to prevent the sale or supply, or promotion or facilitation of such sale or supply, to Iraq by their nationals, or from their territories or using their flag vessels or aircraft, of;
(a) arms and related material of all types, specifically including the sale or transfer through other means of all forms of conventional military equipment, including for paramilitary forces, and spare parts and components and their means of production, for such equipment;
(b) items specified and defined in paragraph 8 and paragraph 12 above not otherwise covered above;
(c) technology under licensing or other transfer arrangements used in the production, utilization or stockpiling of items specified in subparagraphs (a) and (b) above;
(d) personnel or materials for training or technical support services relating to the design, development, manufacture, use, maintenance or support of items specified in subparagraphs (a) and (b) above;
25. Calls upon all states and international organizations to act strictly in accordance with paragraph 24 above, notwithstanding the existence of any contracts, agreements, licenses, or any other arrangements;
26. Requests the Secretary-General, in consultation with appropriate governments, to develop within 60 days, for approval of the council, guidelines to facilitate full international implementation of paragraphs 24 and 25 above and paragraph 27 below, and to make them available to all states and to establish a procedure for updating these guidelines periodically;
27. Calls upon all states to maintain such national controls and procedures and to take such other actions consistent with the guidelines to be established by the Security Council under paragraph 26 above as may be necessary to ensure compliance with the terms of paragraph 24 above, and calls upon international organizations to take all appropriate steps to assist in ensuring such full compliance;
28. Agrees to review its decisions in paragraphs 22, 23, 24, and 25 above, except for the items specified and defined in paragraphs 8 and 12 above, on a regular basis and in any case 120 days following passage of this resolution, taking into account Iraq's compliance with this resolution and general progress towards the control of armaments in the region;
29. Decides that all states, including Iraq, shall take the necessary measures to ensure that no claim shall lie at the instance of the government of Iraq, or of any person or body in Iraq, or of any person claiming through or for the benefit of any such person or body, in connection with any contract or other transaction where its performance was affected by reason of the measures taken by the Security Council in resolution 661 (1990) and related resolutions;
G
30. Decides that, in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third country nationals, Iraq shall extend all necessary co-operation to the International Committee of the Red Cross, providing lists of such persons, facilitating the access of the International Committee of the Red Cross to all such persons wherever located or detained and facilitating the search by the International Committee of the Red Cross for those Kuwaiti and third country nationals still unaccounted for;
31. Invites the International Committee of the Red Cross to keep the Secretary-General apprised as appropriate of all activities undertaken in connection with facilitating the repatriation or return of all Kuwaiti and third country nationals or their remains present in Iraq on or after 2 August 1990;
H
32. Requires Iraq to inform the Council that it will not commit or support any act of international terrorism or allow any organization directed towards commission of such acts to operate within its territory and to condemn unequivocally and renounce all acts, methods, and practices of terrorism;
I
33. Declares that, upon official notification by Iraq to the Secretary-General and to the Security Council of its acceptance of the provisions above, a formal cease-fire is effective between Iraq and Kuwait and the member States co-operating with Kuwait in accordance with resolution 678 (1990);
34. Decides to remain seized of the matter and to take such further steps as may be required for the implementation of this resolution and to secure peace and security in the area.
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