Was the war with Iraq a violation of international law?

[Big Questions]

Was the war with Iraq a violation of international law?

[mike6640]

1. as the "facts" present themselves so far

I would say we (the US) have waged a war of aggression.

So, IMO, yes.

[papau]

2. Yes – if there was no immediate danger to US – Bush violated International

Yes – if there was no immediate danger to US – Bush violated International Law

But will US Media notice - or care?

[htuttle]

3. Yes, and a violation of the US Constitution to boot

We violated Article II, items 3 & 4 of the UN Charter:

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

And, Bush violated Article VI, Clause 2 of the U.S. Consitution by doing so:

Clause 2: 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

There is absolutely no recourse to Article 51 of the UN charter (which is often used to justify war), since Bush stated it was a PREVENTITIVE war, not a PRE-EMPTIVE war. The difference is that a PRE-EMPTIVE war can only be to stop an attack in-progress (or about to be launched). What Bush said he was doing was to eliminate the chance for a 'threat' in the future, not a current threat (except when he lied to Congress he may have implied that).

[ProudGerman]

4. Hell Yes!

There was no Iraqi army standing at the border of another country, ready to invade it. There were no Iragi fishing boats near one of our harbors with WMD's of any sort. There was no intelligence that Iraq was going to give one of these weapons to someone who would use it against us or our allies. There was no intelligence that Iraq even had these weapons.

There are people in the Hague for doing less.

[Capn Sunshine]

5. Problem with "international law"

It requires the participation of ALL nations. When repugs are in power they have this big ass complex over "sovreignity" and refuse to participate in International Law except when expedient.

[NNN0LHI]

6. Plenty of Nazis were hung for the same shit n/t

[htuttle]

9. Indeed...

We didn't seem to have trouble understanding it back then:

"We must make clear to the Germans that the wrong for which
their fallen leaders are on trial is not that they lost the
war, but that they started it. And we must not allow
ourselves to be drawn into a trial of the causes of the
war, for our position is that no grievances or policies
will justify resort to aggressive war. It is utterly
renounced and condemned as an instrument of policy."

U.S. Supreme Court Justice Robert L. Jackson
Chief U.S. Prosecutor
at the Nuremberg Tribunals
August 12, 1945

[bif]

7. Remember: it wasn't a war, it was an invasion

But do you think these international criminals will ever be brought to justice? Never.

[Capt_Nemo]

8. YES!

Not in self-defense against an Iraqi strike... check!

Not in response to a request from the recognized Iraqi government... check!

Invasion without an explicit mandate from the UNSC... check!

It was therefore an aggression and as shuch is not only a violation
of the international law, but also a war crime.

[ninkasi]

10. Yes, it was.

It was also a violation of any concept of dececy. This war will stand as a reminder of letting too much power be given to the president of the United State.

Internation laws are written for sound reasons, and one of them is to prevent stronger nations from overtaking weaker ones. Bush has broken that law, lied about the reasons, and used the WTC attacks, which had nothing to do with Iraq, as an excuse to ruin the country.

His actions are those of a bully, a coward, and an abuser. This country needs to wake up, and turn him and his henchmen out of office in 2004.