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4MoreYearsOfHell Donating Member (943 posts) Send PM | Profile | Ignore Thu Aug-26-04 12:03 PM
Original message
How does our invasion of Iraq
violate the law, either our own or international.

Could someone please explain to me so I can throw it my repuke friend's and co-workers faces? I would like to be able to use it in a discussion.

thanks in advance...
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truthspeaker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 12:04 PM
Response to Original message
1. UN Charter
says UN member states may only make war in self-defense (including defending allies) or to avert a humanitarian catastrophe.
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htuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 12:07 PM
Response to Reply #1
2. That is in Chapter 1, Article II of the Charter
In addition, Article VI of the US Constitution states:


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.


So by violating the UN charter, a treaty ratified by Congress, they also violated Article VI of the US Constitution.
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 12:11 PM
Response to Reply #1
3. Charter of the UN, Article 51
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

Then there's the violations of US law the run-up to the war and the violations of the Geneva Conventions during the prosecution of the war.

******************
Preemptive War and International Law
Steven C. Welsh, Esq., CDI Research Analyst
Dec. 5, 2003

The Bush National Security Strategy has prompted continuing discussion over the legal and policy implications of preemptive military action and its impact on the future of the global security system. This backgrounder examines some of the international legal standards and related policy considerations forming the context of that debate.

Link: http://www.cdi.org/news/law/preemptive-war.cfm
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babylon_system Donating Member (277 posts) Send PM | Profile | Ignore Thu Aug-26-04 12:20 PM
Response to Original message
4. War Crimes Tribunal is a good start
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4MoreYearsOfHell Donating Member (943 posts) Send PM | Profile | Ignore Thu Aug-26-04 12:21 PM
Response to Original message
5. Thanks everyone...
now if I could just convince my freeptard friends that Iraq did not attack us...

Well, at least one moran agrees...

"We've had no evidence that Saddam Hussein was involved with September the 11th." -- George W Bush, Sept. 17, 2003
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goodhue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 12:28 PM
Response to Original message
6. Invasion was not self-defense in response to armed attack against nation
Therefore violates UN charter and international law.

The federalist society types made up expansive concept of preemptive self-defense which was not previously recognized in international law.
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