[Opinion] Ultimatum

There are two ways of initiating a war under international law. One is the declaration of war and the other is the ultimatum. The latter is considered a conditional declaration of war since it gives a limited timeline for the opponent to meet a set of demands. In either case, however, a country must warn its opponent of an imminent attack. The rule is often ignored in international relations, however, where the might overrules the law. Since the Hague Conference in 1907 that set the wartime law for the first time, there have been a number of cases of attacking a sovereign state without a prior warning.

During the World War II, in particular, Germany, Japan and Italy all hardly respected the law. Germans invaded Poland in 1939, Demark and the Netherlands in 1940 and the Soviet Union in 1941 without a prior notification, or they declared a war after invasion. The Japanese also did the same when they attacked the Pearl Harbor in 1941. Italians invaded Ethiopia in 1935 and Albania in 1939 without a prior warning. This practice of a war continued to be repeated in line with the growing emphasis on preemptive attacks. Of wars that broke out from 1945 through 1974, 116 came without the due process of declaration.

Now that George W. Bush is ready to issue his ultimatum, a war in Iraq seems almost inevitable. Bush, Blaire and Aznar held a summit to make their case, and Washington D.C. is on alert for war preparations. There seems no room for compromise given that the ultimatum aims at unconditional disarmament of Iraq, unseating Saddam Hussein and transferring of power. Facing an imminent war, the price of gold skyrocketed on the market, reflecting the growing concern over the global economy.

Declaration of war, which costs the advantage of preemptive attacks, is a gesture designed to justify the attack. This time also, the U.S. struggled hard to win support from U.N. Security Council and stuck to the rule of prior notification. Yet, it remains a question whether Bush has made a cause for the planned attack on Iraq. Facing vehement opposition by France, Germany and Russia as well as growing anti-war sentiment both at home and abroad, the Bush administration is under fire. As some even suggest that `Bush`s next target is North Korea,` we have every reason to feel heavy watching the imminent U.S. invasion in Iraq.

Song Moon-hong, Editorial Writer, songmh@donga.com