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An Unavoidable Challenge
From the Dec. 31, 2011, issue of NR

Outside the Bushehr nuclear power plant in Iran

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John Yoo

Our political calendar and one of our nation’s greatest threats have synchronized. In the upcoming year, the American people will render their judgment on Barack Obama’s presidency. Meanwhile, if the International Atomic Energy Agency’s November report is accurate, Iran will soon join the ranks of the world’s nuclear powers. Because of the Obama administration’s reluctance to confront this looming threat, others — such as the Republican presidential candidates — must begin preparing the case for a military strike to destroy Iran’s nuclear program.

Republican frontrunners have seized upon the threat. In last month’s South Carolina debate, Mitt Romney promised that Iran “will not have a nuclear weapon” under his presidency. Economic sanctions and aid to internal opposition come first, said the former Massachusetts governor, but “if all else fails . . . [and] there’s nothing else we can do besides take military action, then of course you take military action.”

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Newt Gingrich, the frontrunner in several early states, heartily agrees. In the South Carolina debate, Gingrich proposed covert operations, including “taking out their scientists” and “breaking up their systems,” and a Cold War–style strategy “of breaking the regime and bringing it down.” But the former House speaker “agree[s] entirely” with Romney that, should pressure fail, “you have to take whatever steps are necessary” to stop Iran from acquiring nuclear weapons.

In this game of diplomatic poker, the Republicans would go all in where the last administration and the present one have checked. Though he declares that “we don’t take any options off the table,” President Obama avoids explicit military threats. Instead he seeks to “isolate and increase the pressure upon the Iranian regime.” He naively hoped to negotiate a settlement with Tehran (and Venezuela, Cuba, and North Korea!), but he has ended up in the same place as his predecessor. George W. Bush declined to attack Iran’s nuclear infrastructure. He also passed on striking a suspected Syrian nuclear facility (the Israelis destroyed it in 2007). Like Obama, he pursued economic sanctions and applied political pressure to foster Iranian regime change.

President Obama has done more than merely delay the inevitable day of reckoning with Iran. He has left the public uninformed about the nature and possible consequences of military action, which must be serious and sustained enough to destroy complex, protected, and dispersed facilities — pinpoint bombing of a single facility will not end Iran’s nuclear program. Iran might respond by attacking Israel, Arab allies such as Saudi Arabia, and oil shipments in the Persian Gulf. President Obama has also failed to explain the heavy costs of containment, which would involve a constant, significant conventional and nuclear military presence on Iran’s perimeter.

Obama has compounded this political negligence by failing to build the legal case for attacking Iran. Instead, the administration has tethered American national security to the dictates of the United Nations. In Libya, Obama delayed launching the air war until the Security Council approved the intervention, allowing a popular revolution to metastasize into a prolonged, destructive civil war. The same craving for international approval may lead the administration to put off military action against Iran until it is too late.

The U.N. Charter guarantees the “territorial integrity” and “political independence” of each member nation, and prohibits the use of force except in self-defense, which many scholars and international officials interpret to mean that force is prohibited except when an invader has attacked across a border or is about to do so. It does provide an exception for war to prevent threats to international peace and security, but only if approved by the Security Council (where the United States, Great Britain, France, Russia, and China all have a veto). Not surprisingly, U.N. authorizations to use force are rare. China and Russia, both Security Council members, generally oppose intervention in what they consider “internal” affairs, including policies that repress political and economic freedoms. They can usually be counted on to protect other oppressive regimes by blocking U.N. approval for war, as they did in Iraq in 2003.



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