Re: Question for the left and right:
flaja wrote:How has the Left defined defeat other than simply saying we are in Iraq?
I don't know. Why is that relevant?
flaja wrote:Quote:I have no trouble defining "victory" as it applies to the Iraq War.
Then define victory as it applies to Iraq.
You must have missed this the first time I wrote it:
The only "victory" that is both possible and favorable, then, would be for the US to withdraw its forces from Iraq immediately and attempt to repair the damage for which it is responsible. Any other outcome would be a defeat.
flaja wrote:Quote:1. It's true that the constitution gives congress the power to define and punish offenses against the law of nations, but that applies to individuals, not to states.
No where in the Constitution is this distinction made.
You might try reading the case law that analyzes this clause of the constitution.
flaja wrote:What internationally recognized tribunal existed in 1787, when the Constitution was written?
States were always free to refer their international disputes to arbitration, which was certainly not unknown in the 1780s.
flaja wrote:Article 8? Try Article I. The Constitution only has 7 Articles in its original, un-amended form.
My mistake. I was referring to Art. 1, section 8.
flaja wrote:
This case has to do with piracy, which is a separate issue.
No it's not. Piracy is an offense against the law of nations. As Justice Story wrote:
The common law, too, recognises and punishes piracy as an offence, not against its own municipal code, but [i]as an offence against the law of nations[/i], (which is part of the common law ,) as an offence against the universal law of society, a pirate being deemed an enemy of the human race.
Emphasis added.
flaja wrote:According to Article I, section 8 the Congress has the power: To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.
Thus piracy on the high seas is separate from international law.
No it's not. As Story pointed out, piracy is a
type of offense against the law of nations.
flaja wrote:Congress has the power to define what piracy is and what international law is. For all intents and purposes Congress defined international law in such a way that Hussein remaining in power in Iraq violated international law. So even by your own (faulty) standards that say Congress can direct its power only at individuals the U.S. invasion of Iraq was legal because it was directed at an individual.
That is, without a doubt, one of the stupidest things I've ever read in this forum that wasn't written by
gungasnaKKKe. First, the US can't define international law -- unless, of course, you're willing to grant that same right to every other nation in the world, since each nation is equal under international law. Thus, if the US could declare that the invasion of Iraq was legal under international law, Iraq could, with equal justice, declare that the invasion was
illegal under international law.
Secondly, the US can't wage war against an individual. As much as Bush might have wanted to fight only Saddam Hussein and his henchmen, he still invaded an entire country to do it. But then if you genuinely take the position that the US only went to war with Saddam Hussein, you must also take the position that all of the thousands of Iraqis who
weren't Saddam Hussein but who were nevertheless killed and wounded in the war were non-combatants. That would mean that the US committed vast numbers of war crimes in its pursuit of Saddam Hussein.
flaja wrote:Doesn't the UN mean international law to you leftists?
The UN resolutions relative to Iraq did not constitute statements of binding international law (unlike, e.g., international agreements or treaties that set forth rules governing the relations of states). Furthermore, UN resolutions can only be enforced by the UN. The US unlawfully arrogated that power by purporting to enforce those resolutions even in the face of the UN security council's refusal to authorize that action.