Brandon9000 wrote:When I said that war has usually been considered inherently extra-legal, I was responding to [the assertion that the war on Iraq was illegal], and I meant that throughout history, countries which have conducted wars have rarely attempted to satisfy any international laws or treaties which regulate when they may or may not go to war, even as we did not seek any such foreign permission slip to declare WW 2."
To begin with, whether or not we did not seek foreign permission to declare war in WW2, whether countries have generally sought to satisfy international covenants when declaring war, and whether or not the declaration of war is subject to provisions of international law, and thus "extra-legal", are discrete points, which you have muddled.
In WW2 our declaration of war was firmly within the boundaries of the established conventions of international law. International law (which is not a single straightforward entity, by the way) did not have a provision saying that any country must seek the approval of an international tribunal prior to declaring war. In respect to international law, therefore, our declaration was not "extra-legal". Indeed, a declaration of war itself, as opposed to say, a sneak attack on Pearl Harbor, is an act to satisfy international conventions of war.
Further, throughout 99.9% of history international law did not have a provision saying that any country must seek the approval of an international tribunal prior to declaring war. Therefore, with respect to international law "throughout 99.9% of human history" the declaration of war has
not "been recognized as inherently extralegal."
Further, throughout a great portion of history, nations
have sought the permission of an international tribunal to wage war, namely the Apostolic See.
Further, though this is beyond whether it is "extra-legal", there is no provision of international law to which the United States is subject that says that a country must surrender its sovereign right to declare war to a foreign body.
If you
meant to say that the US ought not to surrender its sovereign right to wage war to a foreign authority, well, then, I agree with you, but it has basically little relationship to ...
Brandon9000 wrote:For 99.9% of human history, wars have simply been recognized as inherently extralegal.
which, if it were true, would strongly butress your argument from the perspective of precedent. But, in fact, it is not true.