They added that Ackerman and his Republican co-sponsor, Congressman Mike Pence, R-Ind., had drafted the resolution in such a way that “immense military resources would be required to implement such inspections of cargo moving through the seas, on the ground, and in the air.”
“The international community has shown no willingness to join in such an activity. Without a Security Council Resolution, implementation of these measures could be construed as an act of war,” their letter said. “Implementation of measures called for in the resolution could complicate our operations in Iraq and Afghanistan and could cause oil prices to soar.”
Ackerman, in a July 9 statement during a meeting of House Foreign Affairs Subcommittee on the Middle East and South Asia, said, “assertions that the resolution constitutes a declaration of war are just absurd.”
“As my colleagues know, [the resolution] doesn't get presented to the President, and it doesn't get signed, and it thus does not either become law or have the force of law. It's the sense of Congress. The final whereas clause of the resolution states as explicitly as the English language will allow, "Whereas nothing in this resolution shall be construed as an authorization of the use of force against Iran.” Since a naval blockade is by definition the use of force, the language of this resolution renders the prospect of a naval blockade simply out of the question. This resolution should not be the straw man that some would seek...Put simply, the only way to find a blockade or a declaration of war in the text of H. Con. Res. 362 is to insert them by the amending power of imagination alone. “
But the retired military officials said the resolution does not have to include clear-cut language declaring war against Iran for it to be interpreted that way.
“The sponsors argue that H. Con. Res. 362 as a concurrent resolution does not have the force of law, which is true, but it clearly risks sending a message to the Iranians, the Bush Administration, and the world that Congress supports a more belligerent policy toward, and, potentially, belligerent actions against, Iran,” the letter signed by the retires military officials says.
Implementation and Interpretation
Ong said she queried several international and constitutional lawyers to get their interpretation on Ackerman’s resolution. She said the responses she received were mixed, but all agreed that comes down to how the resolution would be interpreted and implemented.
One unidentified international attorney told Ong “it is difficult to see how ships 'entering' Iran could be subjected to 'stringent inspection' without the use of force.”
“Here the concurrent resolution is asking the President to do something which cannot possibly be done effectively without the use of force while disclaiming that it authorizes the use of force. Nice try, but no cigar,” the international attorney told Ong, according to a copy of their exchange Ong posted on her blog, Iran Nuclear Watch.
"If the US were to do unilaterally what clause 3 of H. Con. Res. 362 demands, it would clearly be a violation of international law on any number of grounds, the main one being the principle of freedom of the seas. But it doesn't do that; it only asks the President 'to initiate an international effort.' If that effort were successful and the Security Council passed a resolution calling on all UN members to implement clause 3 as a threat to the peace under Ch. VII of the UN Charter, that could conceivably be legal, since the International Court of Justice has ruled in the Libyan case that anything the Security Council does is legal. But I don't see that happening.
"The same thing goes for the sanctions called for in Clause 2, i.e. they would constitute violations of the international law if applied unilaterally by the US. That, however, is something the US could do unilaterally, since it wouldn't require a Security Council resolution and the US doesn't give a damn about international law. It would merely require an extension of the Iran Sanctions Act,” the lawyer said, according to Ong.
Fanning the Flames
Lawrence Wilkerson, the chief of staff to former Secretary of State Colin Powell, agreed. He said Ackerman’s resolution would only lead to further conflict with Iran.
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