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THE US, THE UN AND THE IRAQIS THEMSELVES, V. 7.0

 
 
old europe
 
  1  
Reply Mon 25 Apr, 2005 11:08 am
Thanks ican, thanks Foxy!

So, basically both of you are saying, that, given that a sovereign state derives its autonomy through inherent legitimacy rather than a decree by the international community, states would therefore choose to voluntarily enter into commitments under international law.

Therefore they wouldn't accept any legislative process outside their own consent. It follows that they would follow their own counsel when it comes to interpretation of their commitments under international law.

I cannot see how this wouldn't apply to Iraq, then. If you argue that international law is what you accept as international law, and violations of international law are violations, then you would have to admit that, if Iraq says it didn't violate any laws, it didn't.
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Walter Hinteler
 
  1  
Reply Mon 25 Apr, 2005 11:12 am
old europe wrote:
I cannot see how this wouldn't apply to Iraq, then. If you argue that international law is what you accept as international law, and violations of international law are violations, then you would have to admit that, if Iraq says it didn't violate any laws, it didn't.


Obviously, old europe, you missed this:

Foxfyre wrote:
I think international law is whatever we, the USA, says it is so far as we are concerned.


Of course, international law has a different meaning to all other countries than the USA!
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old europe
 
  1  
Reply Mon 25 Apr, 2005 11:16 am
Well, Walter, a good point that could be made would be arguing that, in recent years, international law has evolved to a point where it exists separately from the mere consent of states. This would mean that you could judge a state's domestic actions in light of 'international law' and standards which every nation has to comply with, no matter their consent.

As this doesn't appear to be the way the US are arguing, I wonder how anybody could state that other countries are violating 'international law' apart from breaking a bilateral agreement or how not complying with a UN resolution could be a violation of 'international law'.
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Steve 41oo
 
  1  
Reply Mon 25 Apr, 2005 11:17 am
Ican

Again, the legal position in Britain was different. We went to war to rid Iraq of its wmd. The sole legal case in this country rested around that. Right up to the end, Blair said Saddam could stay in power if he gave up his wmd. Because he did not give up his wmd (as it happens somewhat difficult, because he had none) then war was NECESSARY.

General Sir Mike Jackson said he had just spent the last few years in the former Yugoslavia catching up with and putting behind bars one Slobodan Milosevic. And that he "was damned if he was going to spend the next few years sharing a cell in the Hague".

The British Army is not comprised of cowards. They will do dangerous things, but having their men fighting both the enemy and the courts is something they will not do.

The chief of the defense staff made it absolutely plain that he would not have his men's conduct in Iraq open to legal challenge. And the Attorney General was making it quite clear to Blair that going to war on the basis of previous UN resolutions alone was not sufficient to prevent legal challenge. So as war had been decided upon, and as you need the cooperation of your army if you are going to fight it, the Attorney General let it be known (in public) that the war was most certainly legal.

However the war was waged. It has not yet been challenged in the courts, but I believe certain actions are pending. Whether it was legal or not is somewhat irrelevant especially if you are dead. My contention all along is that it was probably illegal, certainly immoral but on the other had most definitely necessary...for oil. And as such we should all think about what we and our democratically elected governments are prepared to do in our name - to others- to protect our living standards.
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old europe
 
  1  
Reply Mon 25 Apr, 2005 11:22 am
Walter Hinteler wrote:
Obviously, old europe, you missed this:

Foxfyre wrote:
I think international law is whatever we, the USA, says it is so far as we are concerned.


Of course, international law has a different meaning to all other countries than the USA!


Nevertheless, quite a good summary of recent US policies! And this comes from Foxy! Of course, that would explain a lot!

Very Happy

<thinks>

Sad
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:26 am
That's one way to look at it OE. There really is no such thng as 'International Law" as there is no "International law enforcement department" and no "International Court" other than those designed and agreed to by participating nations and such agreements are always temporal. From a purely legalistic viewpoint, Iraq as a soverign nation did not violate International law but it violated the terms of surrender following the First Gulf War. As a condition for ceasing hostilities, Iraq agreed to abide by U.N. resolutions and supervision. It is those that Saddam violated. And we and our allies determined that we had a compelling national interest in that not being allowed to stand. Plus, in the wake of the alleged ethical violations in the OFF scandal, top level UN officials may have had a compelling self interest in not enforcing their own resolutions.

It is not any different than the terms of surrender for the Axis nations in the wake of WWII. The U.S. and others would certainly have enforced those had it not gone as well as it did.
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old europe
 
  1  
Reply Mon 25 Apr, 2005 11:32 am
Foxfyre wrote:
It is not any different than the terms of surrender for the Axis nations in the wake of WWII. The U.S. and others would certainly have enforced those had it not gone as well as it did.


Didn't the US in the wake of WWII propagate the formation of the International Law Commission? What would have been the task to be accomplished? Not creating a base for the definition of 'international law'?
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wandeljw
 
  1  
Reply Mon 25 Apr, 2005 11:33 am
foxfyre,

International law is actually comprised of very real written agreements between two nations or among several nations.
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:34 am
Again any international law that exists does exist by consent of participating nations. Those same nations can withdraw consent at any point. Otherwise those nations would not be sovereign.

There are things we THINK OF as international law such as the Geneva convention and other cooperative policies, but it's just like joining a club. You adhere to the rules if you want to be a member. But nobody has the authority to say you can't quit.
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Walter Hinteler
 
  1  
Reply Mon 25 Apr, 2005 11:34 am
Foxfyre wrote:
Plus, in the wake of the alleged ethical violations in the OFF scandal, top level UN officials may have had a compelling self interest in not enforcing their own resolutions.


Just to clarify something again: UN officials can't enforce their own resolutions:

a) they don't make any,
b) the UN has no "enforcement agency" run by officials.
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Steve 41oo
 
  1  
Reply Mon 25 Apr, 2005 11:35 am
thks wandeljw
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:35 am
The UN has no 'enforcement agency'? Then who was in all those blue helmets in Bosnia during the Clinton administration and elsewhere?
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:38 am
And Wandel, if you will check my posts on this subject, I was in no way in disagreement with you.
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Walter Hinteler
 
  1  
Reply Mon 25 Apr, 2005 11:38 am
a) I never stated anything like you said, Foxfyre. (I spoke, like you before of "UN officials".

b) those blue helmets were sent exactly by the Security Council, one of it's members being the USA.
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old europe
 
  1  
Reply Mon 25 Apr, 2005 11:41 am
Foxfyre wrote:
Again any international law that exists does exist by consent of participating nations. Those same nations can withdraw consent at any point. Otherwise those nations would not be sovereign.

There are things we THINK OF as international law such as the Geneva convention and other cooperative policies, but it's just like joining a club. You adhere to the rules if you want to be a member. But nobody has the authority to say you can't quit.


That is, of course, a point of view worth considering. It would mean that any nation could 'leave the club' in order to torture it's own population without violation of international law.

The same would obviously be true for bilateral agreements. As they are agreements between souvereign nations, one nation could at any point withdraw its consent.

The other nation might not agree, and in many cases a war would be the consequence. More often than not the better equipped nation would win.

Example: China re Taiwan.
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Walter Hinteler
 
  1  
Reply Mon 25 Apr, 2005 11:44 am
Foxfyre wrote:
The UN has no 'enforcement agency'? Then who was in all those blue helmets in Bosnia during the Clinton administration and elsewhere?


Some info about that can be found here
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:48 am
Good analogy OE. I am NOT speaking against nations banding together via treaty for self protection (NATO). I am NOT speaking out against cooperative ventures toward ethical benefits for all such as the Geneva Convention. I don't fault those who get together on something like the Kyoto Treaty even though I think that's a waste of time.

But we only kid ourselves if we think there is some global imperative to which nations are required to adhere to avoid being in conflict with international law. That won't happen until there is a one-world government with enforcement capabilities.

Until then we all have to go by our ethical sensitibilities, common sense, and national interest to decide what we will or will not agree to. And what we agree to, other than in terms of surrender, is always voluntary for participating sovereign nations. Law by definition is not considered a voluntary option.
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Walter Hinteler
 
  1  
Reply Mon 25 Apr, 2005 11:54 am
Walter Hinteler wrote:
Does someone have any news about the "Sgrena case"?

Did I miss the results of the investigation? Shocked
(The investigations was said to be lasting over three weeks ..... that was 6 weeks ago.)


Quote:
Italy and US at odds in Italian agent shooting probe 25/04/2005

Italy and the US disagree over the findings of an investigation into the accidental shooting death by US soldiers of an Italian intelligence agent in Baghdad, according to Italian news reports.

One report said Italian experts on the panel were refusing to sign off on the US conclusions.

The agent, Nicola Calipari, has been hailed as a national hero in Italy since he died on March 4 as he tried to shield a freed Italian hostage he was accompanying to the Iraqi capital's airport shortly after she was released by her kidnappers.

Without citing sources, Rome daily Il Messaggero said the American conclusions vindicated the US soldiers.

From the first hours after the shooting by US soldiers stationed at a temporary checkpoint along an airport road, Rome and Washington have differed over what led to the killing.

Another Italian agent in the car, as well as the freed hostage, journalist Giuliana Sgrena, have insisted that the car wasn't speeding and that the soldiers gave no warning.

Washington has insisted their rented Toyota Corolla was going too fast and that adequate warning was given to try to make the car stop.

Two Italians - a diplomat and military official - were invited to join the US probe.

"The checks and the interrogations carried out in nearly two months of work didn't succeed in healing the clash on the key point of the affair: the warnings given by the American military forces before shooting," Milan daily Corriere della Sera said.

Both Corriere and Rome daily La Repubblica said Italy was deciding what line to take in view of the differences.

But Rome daily Il Messaggero reported the two Italian experts had decided not to sign off on the conclusions.

The Italians "didn't accept any compromise and have abandoned the common (working) table", Il Messaggero said.

"We still hoping for a combined report," said Ben Duffy, a US Embassy spokesman in Rome, when asked about the Italian news reports. "We haven't given up at that."

Earlier this month, the US State Department denied a report by US television network NBC that the investigation absolved Americans of responsibility, saying the investigation was still ongoing.

Italian Premier Silvio Berlusconi, a staunch US ally, faces strong popular opposition at home to his decision to send 3,000 troops to Iraq after the US-led invasion. Pressure to pull out the troops mounted after Calipari was killed.

Finalising the report comes at a delicate time for the conservative premier, who is currently leading a caretaker government after his centre-right coalition was wracked by squabbling. Berlusconi will go before Parliament later this week for crucial confidence votes.

Italian Foreign Ministry spokesman Pasquale Terracciano said the ministry had no information on the probe's report. Last week he called earlier reports of disagreements between investigators "speculation" but acknowledged there were conflicting accounts of what happened.

Italian state TV reported last night that the two Italian members of the investigation had returned to Rome from Iraq.

On Saturday, US Ambassador Mel Sembler told reporters that the investigation was about to be wrapped up.

Rome prosecutors are conducting their own probe. Il Messaggero quoted Prosecutor Franco Ionta as saying he hoped that with the end of the US-Italian probe, the prosecutors would be able to take delivery of the Toyota to examine it.
Source
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Foxfyre
 
  1  
Reply Mon 25 Apr, 2005 11:57 am
And Walter, I don't wish to nitpick details on the structure of the U.N. The Security Council is a division of the U.N. and if you think the Security Council is not subject to the main governming body of the U.N., you have a very different understanding of that than I do.

In any event, if we even narrow the definition of Inernational Law to our membership in the U.N., there was no mandate to not invade Iraq from either the main governing body nor the Security Council; thus there was no illegal action by either the U.S. or the U.K. or any other member of the coalition.
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old europe
 
  1  
Reply Mon 25 Apr, 2005 11:58 am
Foxfyre wrote:
I am NOT speaking against nations banding together via treaty for self protection (NATO). I am NOT speaking out against cooperative ventures toward ethical benefits for all such as the Geneva Convention. I don't fault those who get together on something like the Kyoto Treaty even though I think that's a waste of time.


I guess you wouldn't speak against nations banding together in order to prosecute individuals for genocide, crimes against humanity, and war crimes?
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