One thing the current Iraq crisis has made clear is that a grand experiment of the twentieth century--the attempt to impose binding international law on the use of force--has failed. As Washington showed, nations need consider not whether armed intervention abroad is legal, merely whether it is preferable to the alternatives. The structure and rules of the UN Security Council really reflected the hopes of its founders rather than the realities of the way states work. And these hopes were no match for American hyperpower.
The anti-interventionist rules of the U.N. Charter have fallen out of sync with the modern concept of justice, so NATO is taking the law into its own hands.
Examines the course of the Bush administration's decisions on despatch of US forces to the Gulf, and the 'near-complete irrelevance" of Congress thereto, in order to demonstrate that the War Powers Act of 1973 should be repealed or revised, as Congress clearly lacks the weighty role in the matter of declaration of war that the Constitution intended for it.
