gbaji wrote:
Pay close attention. I said that we didn't go to war because of the presence or absense of usable WMD. We went to war over violations of the terms of the cease fire agreement signed in 1991. Most of which were clearly violated by Iraq.
If that is your argument, that the US went to war to make Iraq respect teh terms of the cease-fire, then they did it in clear violation of interntioanl law.
Firstly, the Resolutions you talk about relating to the cease-fire did not involve just the US and Iraq. It involved Kuweit and the international community, and Iraq. Kuweit asked the international community for help in self-defense (colelctive self-defense). Therefor, if the terms of the cease-fire are broken, it is for the international community to intervene. Not one, single member, no matter how pwerful he might be. Would you think it would've been legal for France, 5 years ago, to suddenly decide to go and invade Iraq on the grounds the latter had not respected the cease-fire? Even more precisely "on the ground France decided that the latter had not respected the cease-fire"? Of course not. Well, I'm sorry to break this to you, but the US has no special right in international law.
Secondly,
every single UN Security Council Resolution ends with the words "The Security Council shall remain seized of teh matter", which, in layman's terms, means that they are the only authority on this subject. It is not up to teh US to decide, willy nilly, that the time is right for them to go and invade and their own. Otherwise, it is outside the international framework, and therefor illegal under international law. Which is what happened.
The onyl way this invasion would've been illegal is they had received a clear mandate from teh Secuirty Council to pursue military action. Which they did not. You can't use the cease-fire, an international law instrument as a pretext to go to war illegally. This was not a decision the US could make under international law. Once again,
the cease-fire was not between Iraq and the US.
gbaji wrote:
These weapons are significant not in that they represent a huge part of the justification for war, but because they debunk the one tiny part that those opposed to the war have clung to.
Erm, no. Thise opposed to the war have many arguments as to why that war was:
a) illegal (under international law)
b) pointless
c) counter-productive.
The fact you pick one argument, whichever best suits the mood of the day (tyranny, democracy, US troops in Saudi, the gassing of the Kurds, the WMD, 9/11 and terrorism, etc..), and then try to find a shred of evidence to support it, does not make this war legal.
gbaji wrote:
I'm just confused why this is so hard for you to understand. Saddam was required to destroy all his weapons. He claimed he did, but blocked any attempt to verify that. This lead many to assume that he had not destoryed them all, but we could not prove that absolutely. Now we find old weapons that he claimed were destroyed. This is the proof. The condition of the weapons is irrelevant. The terms did not say that he had to destroy only those munitions that were still in perfect working condition, but he could keep any old stuff that was lying around. It said *all* such weapons. What part of "all" is not clear to you?
The part where it is not up to the US to decide what treaties to enforce when they are not the main participants in it. The fact that you rely on a 15 year old cease-fire between Kuweit and Iraq, concerning the withdrawal of Iraq from Kuweit. A full-scale invasion is not within the remit of these UN Security Council Resolution, since it concerns the withdrawl of Iraq from KUweit, not regime change. Had the US got a Security Council Resolution to invade RIaq and make regime change, it would've been different. They didnt get it. The invasionw as illegal. Now, which part of that do you not understand?
Gbaji wrote:
So by that logic, we can't make murder illegal because 70% of the population believes that murder is wrong because God says so.
Er, what?
gbaji wrote:
After all, if you cared so much about UN resolutions, why are you arguing against the war? It's pretty darn clear cut. UN resolution defining cease fire terms. Iraq violates those terms. In any normal sane world, that means a resumption of hostilities occurs. But in the UN, well... we'll just ignore that violataion and the subsequent dozen violations because it's just not in our interests do actually enforce that resolution.
That *is* the problem with the UN. The only inconsistency here is yours. You seem to be in favor of the UN, but don't think it's resolutions should be followed. Hmmmm...
Because the UN Resolution fit within a specific framework called International law. They are not "Wanted" posters that any armed country can go and enforce. I think Resolutions should be enforced. With the threat of force if necessary. But, in 2002, there were inspectors in place, looking for weapons. The US forced them to withdraw before they could finish their work, so they could go and invade. What was the hurry? Why invade NOW?
Second, in this cease-fire, was the US was one of many parties. Not the main one. It was not up to the US to decide when/if to invade.
Third, you make me laugh with your "a violation of the cease-fire leads to a resolution of hostilities". It's not that simple. There is a thing called "proportionality". There is a concept called "parties to the cease-fire". The cease-fire you keep referring to is about the invasion of Kuweit. The US came and help to defend Kuweit on Kuweit's request. It is not up to them to decide when the cease-fire is broken, and what actions to take.
Unfortunately, I'm coming to the conclusion that all of this is to subtle for a simple mind. There are too many nuances that dont fit within your gung-ho philosophy. So keep saying "cease-fire broken US invade". It's wrong on many levels, but if thats all you can comprehend...
gbaji wrote:
Sheesh. That's really the crux of this whole issue. You've got the Bush administration on one side, arguing a case for war, and you've got various anti-war groups imposing their own requirements on war and arguing those instead of what the Bush administration and Congress are actually basing the decision on.
To be honest, the internal reason of how the US legitimises the war is mostly irrelevant to its legality. If Sudan has internal laws that make it legal for them to invade a country because they produce heavy wool, it wont make it legal under internationa law. So, the "requiremetns of Bush and Congres" are irrelevant to the legality of the war. Once again, the US is one country amongst many others. It might be legal under Chinese domestic law that they should invade Taiwan. But you'll be screaming its illegal if they do. Why? Because of international law.
gbaji wrote:
We understand that there were a number of violations which together represent the argument for war and we agree that those things, taken together are sufficient cause for war.
And who is "we"? Ok, let me get this right, you and your mates read a bunch of Resolutions, framed in legal terms you dont understand, and decided "they are sufficient cause for war"?? Great! What a system! Well done you guys.
"We" is irrelevant. Only one body matters, and thats the Secuirty Council. You might not agree with it, but thats tough sh*t. If you go outside it, you go outside the international law framework.
gbaji wrote:
It's the anti-war folks who keep dancing from issue to issue, constantly changing the subject, and twisting semantics around, not to make a logical case, but just to make it *seem* like the war is illegal, or unjust. Heck. Just look at your arguments in this thread. You've danced from arguments about whether these weapons "count" as WMDs. Then try to argue that since neo-cons don't agree with the UN, that the UN resolution shouldn't mean anything to us. Then you argue the "imminent threat" angle. Then it's the "evil agenda for war" angle (totally unsupported, but that doesn't matter). Then you shift to bashing the "war on terror" (another subject change that's irrelevant to this specific debate). Basically, you keep stringing up little bits of information, never supporting your assertions, and when you get called on their falsehood, you shift the topic to the next bit of rhetoric in your bag.
How about we stick to one simple thing. Just answer one question. Are these weapons detailed in this report evidence of a violation of the terms of the UN resolution I linked above? Yes or no?
Yes. But, unfortunately for you, things are never that straight forward. A breach of a cease-fire does not automatically gie the right for one party to the cease-fire, let alone an auxilliary one, to proceed, unilaterally, to a full-scale invasion of that country and to make a regime change, and to change their economic system radically.
Now your turn:
Considering that the cease-fire was between Kuweit and Iraq, that it concerned the invasion of Kuweit, that the US was one party amongst many parties to that cease-fire, considering that the Security Coucil did not expressedly authorise any country to take military action, and finally, considering that the Security Council should "remain seized of the matter", would it have been legal under international law for Egypt to invade Iraq in 2000?
Or ask yourself this: Why do most of the academics that spend their lives studying international law consider this war illegal? Why did countries that agreed to take part in the first Gulf War, and in Afghanistan, say that this war was illegal? Forget about France, we might be a bunch of corrupted ******* with special interests as you probably think, but what about all the others? Everyone that knows about international law and does not have a vested interest in teh question says the war was illegal. The only people arguing it was legal are those that have a special financial interest in argiung this case. Funny that, isn't it?
I dont know why I'm asking since you know @#%^ all about it, but nevermind.
Edited, Jun 29th 2006 at 6:26am EDT by RedPhoenixxxxxx