OCCOM BILL wrote:McTag wrote:More sloppy bob and weave action... This is an excerpt from what he agreed with:McGentrix wrote:
I can agree with this.
You can agree with the statement that it does not matter whether the invasion was legal?
OCCOM BILL wrote:I'd say Timber subsequently provided a damn strong case for legality anyway (certainly more convincing than your unsubstantiated proclamation to the contrary), but that is not what McG was agreeing with. This is the type of fact avoidance that drives me crazy.Bitch and moan all you want about our chosen method of remedy, whether or not it was legal, just or any other damn detail but stop pretending Saddam was in compliance! That part is not a matter of opinion.
I did not avoid answering all your points in order to bob and weave, but simply in order to cut to the chase. You don't mind a mixed metaphor or two, do you, since everything else seems to be allowable round these parts, not excluding obfuscation and irrelevancy heaped on irrelevancy. I do not have the time to pick through all the verbiage you guys throw up.
Nor do I think all the faults lie on one side only.
I just want to question the basis for going to war. Tony Blair can't prove it was legal; he has avoided the issue. Nor can you. It is not.
"The stability and security of the global petroleum market was a component as well, and, by extension, so was the overall economic security of all nations, in particular the United States, which imports nearly 60% of is daily oil requirement.",
Regarding the legality of the war....ask a lawyer. Lawyers advising the US and British administrations say it was legal. Lawyers not representing USUK govts say it was illegal. Take your pick. There is no such thing as International Law anyway, just legal opinion based on what the great powers have done in the past (and want to do in the future).
The bob and weave is in ducking the proven false “Saddam was in compliance” nonsense (that you, c.i. and Nimh were all party to) and attacking on another front. To that effect, Craven’s completely uncalled for filibuster about my lack of International Law credentials buried that point better than you could have hoped to.
Neither is the use of grape jelly ... in fact neither grape jelly nor juvenile offenders are mentioned in the 1969 Vienna Convention.
Everyone here can easily think of at least a half a dozen good reasons to invade Iraq. Why do you continually assert there was only one?
Quote:Everyone here can easily think of at least a half a dozen good reasons to invade Iraq. Why do you continually assert there was only one?
I don't think I do continually assert there was only one reason. I've said recently that it was for the control of oil AND the profitability of large corporations. [I suppose you could say that amounts to the same thing]
For example which do you think ranks higher in the minds of the current American administration, the strategic economic interests of the United States, or the schooling of Iraqi children?]
Saddam was a bad man, no doubt about it, and I'm glad he's gone. And yes the war was fought to get rid of him, but ONLY to put in place a government which would do the bidding of the United States. Any bonus in the form of freeing the people from tyranny was incidental to the main objective.
But of course in a democracy, freeing a people from tyranny and removing the threat from wmd, is more likely to garner popular support for war than a more honest call to arms. Which might have gone along the lines of
"Sh1t. There is big trouble ahead. Saudi Arabia is wobbling and we can't allow Saddam to get hold of nuclear weapons and long range missiles. [he doesnt have them yet but he will]. Iraq is a vital geopolitical pivot necessary for the control of the Eurasian heartlands. If he's left alone he will threaten oil interests from the Caspian to Yemen. Peak oil is just around the corner, we have to do something NOW. As it happens, with the demise of the USSR there is no one around to stop us, so there is an open window of opportunity that can't be missed. Moreover if we don't do something about Saddam, the Israelis are telling us they will nuke the bastard if he ever gets to within a mile of some plutonium, and if Israel starts a nuclear war we will end up losing millions of people. Saddam is never going to go quietly (not after we tried and failed to get rid of him first time), so its invade now or wait until he controls 70% of middle eastern oil and threatens Israel with argameddon."
How many ordinary Americans Bill, do you think would say, on hearing the pro war case put so bluntly, "ok lets start the war and get it over with"
and how many would say "This is a disgrace. There must be a better way of settling our differences and sharing oil resources other than war. I will not support this war"
My guess is that the overwhelming majority of ordinary people would reject a war on that basis. The US government knows this full well, hence the vigorous campaign of lies and deceipt to disguise the real reasons for the invasion of Iraq.
And of course it would have worked had the invasion gone according to plan.
We are teachers of international law. On the basis of the information publicly available, there is no justification under international law for the use of military force against Iraq.
The UN charter outlaws the use of force with only two exceptions: individual or collective self-defence in response to an armed attack and action authorised by the security council as a collective response to a threat to the peace, breach of the peace or act of aggression.
There are currently no grounds for a claim to use such force in self-defence.
The doctrine of pre-emptive self-defence against an attack that might arise at some hypothetical future time has no basis in international law.
Neither security council resolution 1441 nor any prior resolution authorises the proposed use of force in the present circumstances.
Before military action can lawfully be undertaken against Iraq, the security council must have indicated its clearly expressed assent.
It has not yet done so.
A vetoed resolution could provide no such assent.
The prime minister's assertion that in certain circumstances a veto becomes "unreasonable" and may be disregarded has no basis in international law.
The UK has used its security council veto on 32 occasions since 1945.
Any attempt to disregard these votes on the ground that they were "unreasonable" would have been deplored as an unacceptable infringement of the UK's right to exercise a veto under UN charter article 27.
A decision to undertake military action in Iraq without proper security council authorisation will seriously undermine the international rule of law. Of course, even with that authorisation, serious questions would remain.
A lawful war is not necessarily a just, prudent or humanitarian war.
Prof Ulf Bernitz, Dr Nicolas Espejo-Yaksic, Agnes Hurwitz, Prof Vaughan Lowe, Dr Ben Saul, Dr Katja Ziegler (University of Oxford), Prof James Crawford, Dr Susan Marks, Dr Roger O'Keefe (University of Cambridge), Prof Christine Chinkin, Dr Gerry Simpson, Deborah Cass (London School of Economics), Dr Matthew Craven (School of Oriental and African Studies), Prof Philippe Sands, Ralph Wilde (University College London), Prof Pierre-Marie Dupuy (University of Paris).
Damned near a futile discussion, as are many such; arguments dear and central to the positions of those on either side are practically genetically coded. In the ultimate test, history will provide much clarification of reasons and justifications or lack thereof. Of course, one of the problems with history is that it requires patience. Another is that frequently it provides unexpected answers.
I really can't agree that the invasion was to get rid of a bad man.
How come he wasn't so bad in the 1980s...
So its gone invasion liberation occupation resistance
when it could/should/might have gone invasion liberation rebuilding democratisation peaceful co existance
OCCOM BILL wrote:Yes. I am well versed in this facet of International Law.
Am I declaring myself qualified to interpret international law? No. Are you?
[boldface added]
The Constitution of the United States of America
Effective as of March 4, 1789
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Article III
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Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
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Article VI
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This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
BIN LADEN'S FATWA
The following text is a fatwa, or declaration of war, by Osama bin Laden first published in Al Quds Al Arabi, a London-based newspaper, in August, 1996. The fatwa is entitled "Declaration of War against the Americans Occupying the Land of the Two Holy Places."
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Praise be to Allah, we seek His help and ask for his pardon. we take refuge in Allah from our wrongs and bad deeds. Who ever been guided by Allah will not be misled, and who ever has been misled, he will never be guided. I bear witness that there is no God except Allah-no associates with Him- and I bear witness that Muhammad is His slave and messenger.
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My Muslim Brothers of The World:
Your brothers in Palestine and in the land of the two Holy Places are calling upon your help and asking you to take part in fighting against the enemy --your enemy and their enemy-- the Americans and the Israelis. they are asking you to do whatever you can, with one own means and ability, to expel the enemy, humiliated and defeated, out of the sanctities of Islam. Exalted be to Allah said in His book: { and if they ask your support, because they are oppressed in their faith, then support them!} (Anfaal; 8:72)
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Jihad Against Jews and Crusaders
World Islamic Front Statement
23 February 1998
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Praise be to Allah, who revealed the Book, controls the clouds, defeats factionalism, and says in His Book: "But when the forbidden months are past, then fight and slay the pagans wherever ye find them, seize them, beleaguer them, and lie in wait for them in every stratagem (of war)"; and peace be upon our Prophet, Muhammad Bin-'Abdallah, who said: I have been sent with the sword between my hands to ensure that no one but Allah is worshipped, Allah who put my livelihood under the shadow of my spear and who inflicts humiliation and scorn on those who disobey my orders.
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We -- with Allah's help -- call on every Muslim who believes in Allah and wishes to be rewarded to comply with Allah's order to kill the Americans and plunder their money wherever and whenever they find it. We also call on Muslim ulema, leaders, youths, and soldiers to launch the raid on Satan's U.S. troops and the devil's supporters allying with them, and to displace those who are behind them so that they may learn a lesson.
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Al-Qaida Statement Warning Muslims Against Associating With The Crusaders And Idols
Jun 09, 2004
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Once again, we repeat our call and send this clear message to our Muslim brothers, warning against fellowship with the Crusaders, the Americans, Westerners and all idols in the Arab Gulf. Muslims should not associate with them anywhere, be it in their homes, complexes or travel with them by any means of transportation.
Prophet Muhammad said "I am free from who lives among idols".
No Muslim should risk his life as he may inadvertently be killed if he associates with the Crusaders, whom we have no choice but to kill.
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We further repeat our warning to the officials and those who guard the American complexes and who stand with America and its hired help, who takes up arms against the Mujahideen for defending for them and their interests such as the Saudi government and others who choose to support the idol’s regime over the Islamic one. We call them to repent, separate and to hate idols by fighting them with money, tongues and arms.
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Al-Qaida Organization of the Arab Gulf
19 Rabbi Al-Akhir 1425
Since craven says he knows about such things, I wish he would explain why the Iraq war was illegal in simple terms so that we all can understand it. I would just like to read it for my own sake.
To that effect, Craven's completely uncalled for filibuster about my lack of International Law credentials buried that point better than you could have hoped to.
I'm sure you're after something here, CdK, but I must be having an attack of obtuseness; I can't figure out exactly what it is you are after.
I would contend, if forced to sum up in a few words, that Article 60 of the 1969 Vienna Convention says it pretty well:
(Paraphrasing) A material breach of a multilateral treaty by one of the parties to that treaty entitles the other parties, severally or singley, to suspend operation of the treaty in question or to terminate it.