University Daily Kansan / Tuesday, January 22, 1991
11
War's legality discussed
Law professor says no historical basis F. Benjamin W. Allen
Kansan staff writer
Two law professors discussed the legal implications of U.S. involvement in the Persian Gulf war Friday during an informal lecture at the law school.
More than 100 people listened as Rick Levy, professor of law and John Head, associate professor of law, talked about the constitutional and international law as it applied to the war.
Timothy Miller/KANSAN
Head said there was no question that Iraq had violated international law by invading Kuwait, and even if Iraq had historical claims to Kuwati territory, the use of force was not warranted.
John Head, professor of law, lectures about the legal ramifications of the Persian Gulf war.
Head said there were three articles
of the U charter that pertained to the
head of the company.
The first article that applies to the war disallows the use of force in international relations, while the second gives it a third exception to the first. The third gives
the Security Council authority to use force to re-establish peace.
He said that Security Council Resolution 678, which gave members the right to use force to restore peace and security to the gulf after Jan. 15, may be inconsistent with the U.N. charter.
Head said the resolution stated that individual members of the United Nations could contribute to the gulf
war rather than establishing a centralized command under the United Nations as the U.N. charter specifies.
"At this time, I am not prepared to say the attack on Iraq is illegal," Head said.
Levy said congressional approval of the U.N. resolution was necessary for Operation Desert Storm to begin.
"From a constitutional perspective, in my view, there was little or no doubt that President Bush was a strong congressional approval." Levy said.
He made it clear that the examples he Bush administration used did not support the idea that there was a need for the president to declare war.
The Constitution gave the power to declare war only to Congress, he said.
Levy said that even though the congressional resolution was not a formal declaration of war, it was never in a meet constitutional requirements.
"From my perspective, as a practical matter, the president was really pulling the strings," he said.
Oil prices not affecting buses
By Michael Christie
Kansan staff writer
As the Persian Gulf war rages, practical concerns about oil prices will continue to be raised in Student Senate meetings.
Carl Damon, Student Senate treasurer, said that only a big increase in the cost of gasoline would affect the KU on Wheels bus program, which Student Senate subsidizes.
"If, all the sudden, gas prices jumped a dollar, we'd have to cover it." Damon said.
Bus services are in no danger of being stopped or reduced if gas prices increase, he said.
"It's something we are committed to," Damon said. "At this point we're pretty safe."
The contract that is now in effect does not raise the
amount that Student Senate will have to pay until gas prices reach more than $1.40 a gallon, he said. After that, a surcharge would be paid by Student Senate.
For example, if gas prices reached $1.55 a gallon, the surcharge would be approximately $2,000 a month, Damon said. Student Senate could pay this fairly easily, because it could buy or more a gallon, the added surcharge would be high.
KU on Wheels is financed by the sale of bus passes, the collection of single fares and by Student Senate, Damon said. Bus passes account for about 65 percent of the costs of operation, and Student Senate covers the rest.
Aimee Hall, student body vice president, said she did not foresee any decrease in bus operations if gas prices rose.
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