According to Jewish law does a state have the right to wage war? I suppose the question should be divided into two parts. Firstly, does the state have the right to declare a just war that means carrying the conflict onto another state's land. And secondly does a state have a right to wage war in order to defend itself from attack. I assume the answer to the second question is yes, so let me extend the criteria; does the state have the right to take pre-emptive action against another nation state simply on the grounds that it is beligerent and armed. Can an attack by the USA on Iraq be justified in the present circumstances if it can be shown that Hussein possesses weapons of mass destruction?

Answer

According to Jewish law, a person or nation who is threatened, may defend themselves after a proper warning and offer for peace was given - (source: "Mamonides" Laws of Murder 1:6; Laws of Kings 6:1, 4).

Iraq has shown it disregard for the sovereignty of other nations, and has used chemical warfare against its own people. Such mass destructive weapons in the hands of a tyrant, who did not hesitate to invade Kuwait, and fire missiles on Tel Aviv, without any provocation whatsoever from these countries, is also liable to do so again, and to other nations as well.

Therefore, the US and the rest of the free world have an inalienable right to defend themselves before an attack determined by the whims of a dictator like Sadaam Hussein.