Iraq war illegal ! So what laws ?

[Stella_Artois]

I'm in a debate with a friend at the moment. I say that the Iraq war is illegal. He comes back with "what law/s have been broken ?"

Which laws, passed when by whom with which legal juristriction (sp ?)

I'm very keen to get advice on this, known *exactly* which laws have been broken will help !

Really, i want to know which laws were broken in 2003 with the actual invasion and occupation. Using WP in Fallujah may have broken the Geneva laws of land warfare, but that was some time after the invasion itself

Thanks in advance !

[ayeshahaqqiqa]

1. The Constitution says

that only Congress can declare war. This hasn't been done, no matter how you spin the IRW.

[oblivious]

5. Nuremberg judges: "Pre-emptive war is the supreme international crime."

The Bush doctrine of pre-emptive war, the doctrine under which our troops now occupy Iraq, was explicitly repudiated by the Nuremberg War Crimes Tribunal in 1946. As a presiding Judge between 1945 and 1949, U.S. Supreme Court Justice Robert Jackson wrote: "War is utterly renounced and condemned as an instrument of policy." The Tribunal concluded: "To initiate a war of aggression is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." In 1953 when his advisors mentioned the concept of pre-emptive war, President Dwight Eisenhower (who led the military campaign against Hitler in Europe), remarked: "All of us have heard this term 'preventive war' since the earliest days of Hitler...I wouldn't even listen to anyone seriously that came in and talked about such a thing."
http://www.commondreams.org/views03/0407-10.htm

[dave_p]

2. 1945

UN Charter Chapter 1, Aricle 2:

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.

[Robbien]

3. We invaded a country. We dropped bombs on a country in peace time.

War has not been declared. There is no such declaration.

For the last three years we have been dropping bombs on civilians in Iraq.

[Ravy]

4. The UN Charter.

Google "Iraq Illegal UN Charter" and you will get all of the references you need.

[originalpckelly]

6. The only way a country can engage another in war...

is either with approval of the UN or in self defense (say if Canada were to invade America, we would have the right to fight back, just like any person has the right to self defense.)

[htuttle]

7. As others have pointed out, the UN Charter and by extension...

...Article VI of the US Constitution compels our government to honor the treaties it signs:

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.

[LSK]

8. The Constitution

Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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.


-------------

The UN Charter would be one of those treaties.

The UN Charter forbids war unless you are invaded by another country or the UN Security Council approves it.

[LynnTheDem]

9. Invasion of Iraq; ILLEGAL? OF COURSE it's ILLEGAL.

The world's experts;
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5121232

The laws;
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=3243710

[Stella_Artois]

10. Thanks for the replies ! n/t