E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Although I opposed the war in Iraq, I wondered at one point why the President did not wait until October 2003 rather than March 2003 to begin the war. The weather would have gotten cooler again. If Iraq maintained its intransigence through the summer, most of the U.N. would have felt pressure to tip to the American side and support a resolution for war. A war conducted by the U.N. would have had much greater legitimacy and international support. Equally important, it would have made it easier for many countries to share the burden of reconstruction.
Fareed Zakaria's review of Hans Blix's new book seems to confirm that the Bush Administration made a serious blunder:
But if getting Iraq right was tough, getting the diplomacy right was much easier. Reading this book one is struck by how, at the end, the United States had become uninterested in diplomacy, viewing it as an obstacle. It seems clear that with a little effort Washington could have worked through international structures and institutions to achieve its goals in Iraq. Blix and ElBaradei were proving to be tough, honest taskmasters. Every country -- yes, even France -- was coming around to the view that the inspections needed to go on for only another month or two, that benchmarks could have been established, and if the Iraqis failed these tests the Security Council would authorize war. But in a fashion that is almost reminiscent of World War I, the Pentagon's military timetables drove American diplomacy. The weather had become more important than international legitimacy.
Had Washington made more of a commitment to diplomacy, Saddam Hussein would probably still have been deposed. Blix's book provides ample evidence that the Iraqis would most likely not have met the tests required of them. But the war would have been authorized by the Security Council, had greater international support and involved much more burden sharing. Countries like India and Pakistan, with tens of thousands of troops to provide, made it clear that they needed a United Nations mandate to go into Iraq. The Europeans and Japanese (who now pay for at least as much of the reconstruction of Afghanistan as the United States does) would similarly have been more generous in Iraq than they are today.
Most important, the rebuilding of Iraq would be seen not as an American imperial effort but as an international project, much like those in Bosnia, Kosovo, East Timor and even Afghanistan. America is paying a price in credibility for its mishandling of Iraq. But the real price is being paid by the Iraqi people, whose occupation has been far more lonely and troubled than it needed to be.
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