Was the Iraq War Illegal?

[Placebo]

I'm going to take it as a given (or maybe I even shouldn't do that) that we all pretty much agree going into Iraq was wrong and a blatant power grab by corporations using their puppet bush to gain occupation of Iraq.

But can we say that it was "illegal"? I'm no law expert, so I can't give a definitive 'Yes' or 'No', but I was hoping that some DUers could provide evidence for it being technically legal or illegal, and on what grounds? UN resolutions, International Law, and so on...

[BeeBee]

1. Definitely! n/t

[UL_Approved]

2. Several reasons

1. The U.S. ignored UN mandates to allow proper inspection time
2. The U.S. blocked UN inspection AFTER it invaded Iraq
3. The U.S. led coalition effort excludes foreign reconstruction contracts
4. War crimes have been documented with video footage

[nine23]

3. Try this: HOW WAS IT "LEGAL"?

[firebee]

16. Where to start...

They defied due process as members of the United Nations and breached international security by invading a sovereign nation without giving reasonable conditions for a settlement of their dispute with Iraq.

Iraq had no reasonable conditions for settlement of dispute given because much of the WMD evidence was outdated, while other WMD evidence was manufactured or completely false. Therefore, it would be impossible to account for WMD materials provided in these reports. Iraq's government DID NOT COOPERATE WITH AL QAEDA!!!! Osama and Saddam disliked each other very much and that's a well known fact. Furthermore, we have nothing, but one report of one Iraqi government official meeting an Al Qaeda operative.... One report. That doesn't constitute elaborate cooperation with Al Qaeda.

So... first law broken... Engaging in an unjustified war based on outdated or false intelligence and breaching international security for the self-interest of your own governmental organization.

Now, let's get into the war.... We're using Napalm, which is illegal according to the Geneva Convention. We have a written policy for detaining people illegally and torturing detainees as seen in the torture and interrogation memos along with the Patriot Act. These things are illegal according to the Laws of Geneva. We're using sub-nuclear weapons as bunker busters and we're running airstrikes on hospitals because insurgents are meeting there. Apparently, We were so busy securing the oil infrastructure, we forgot about the hospitals.... OOPS!!! All of these things are illegal according to the Geneva Convention, which we're bound to according to Title 18, Section 2441 of the U.S. Code.

Their is no difference between this leadership and the leadership of Mao Tse Tung or Slobadan Milosovich. It's all rule by fear through the barrel of a gun, otherwise referred to as tyranny.

[Erika]

4. I will never forget the shame from the shock and awe display

on Iraqi innocents. I will carry it to my grave for its horror on civilians.

[tuvor]

5. I don't get what the point of a poll is.

You're looking for a legal opinion.
:shrug:

[Placebo]

6. Just to see how DU members think is all.

[UVASAM1]

7. from a law student perspective

There's lots of things you can cite that would show it was either legal or illegal.

From what I know though, the problem is that none of its enforceable except in official treaties. from the international law i've seen, countries pretty much follow it or not based on their own interests, from the US to France to others.

[CTLawGuy]

8. illegal

http://www.truthinaction.net/iraq/illegaljayne.htm


The Court at Nuremberg charged the Nazi War criminals with the aggressive invasion of Poland, considering it a war crime.


http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergIndictments.html
------------
Indictments

Count One: Conspiracy to Wage Aggressive War
This count helped address the crimes committed before the war began, showing a plan to commit crimes during the war.

Count Two: Waging Aggressive War, or "Crimes Against Peace"
Including “the planning, preparation, initiation, and waging of wars of aggression, which were also wars in violation of international treaties, agreements, and assurances.”
--------------------

[OneBlueSky]

9. I would LOVE to hear from those three "No" votes . . .

by what standard of international law and/or simple morality could the invasion and occupation of another country that was no threat whatsoever to us be considered legal? . . . I'd really like to hear your justifications . . .

of course, the United States is now a country that, for all intents and purposes, doesn't recognize international law as applicable to us . . . which means that BushCo is confident that they can do whatever they want to whomever they want with no fear of repercussions . . . any disapproval shown by the international community is simply ignored, and they've removed themselves from the jurisdiction of the International Court . . . under this regime, the US is nothing but a rogue nation . . . with an arsenal larger than the rest of the world's countries combined . . .

the only thing that gives me any hope at all these days is my belief in karma . . . it may not be instant, but it's gonna get 'em sooner or later . . .

[Swamp Rat]

14. Me too.

C'mon you lurking freeps, give it your best shot!

Are you too chicken to defend your leader and his actions? :)

[morgan2]

10. of course it was

The only legitimate argument is whether or not the United States should care if its illegal under international law. By what is on the books we break international law all the time. We have chosen to ignore it because no one is willing to enforce international law against us. Whether we should do this or not should be up for discussion, but it never is.

[RebelOne]

11. In my opinion, there was nothing legal about it.n/t

[durutti]

12. This is why it's illegal...

Under the UN Charter, war is only legal if a.) a state is attacked or is about to be attacked by another state or b.) it's approved by the UN.

The Iraq war met neither criterion. UNSC Resolution 1441 did not authorize use of force.

More information is available here: http://www.ccr-ny.org/v2/search/results.asp

Of all the points raised against the war, this one is probably the must inarguable. Even Richard Perle admitted it was illegal.

[DFLforever]

13. Kick!

:kick:

Still the most important issue of the day.

[Radical Activist]

15. I don't think it matters

Laws are written for the benefit of the lawmakers. Whether it's legal has nothing to do with whether the war was right or wrong. I don't really care if it was illegal or not.

Personally I think calling the war illegal is a weak argument of those who oppose it. It just makes it sound as though international law or the UN are the supreme authority, which is not a notion many people like.

[DFLforever]

18. Our founding fathers disagreed when they made treaties

agreed to by the US, the law of the land (Article VI).

When it came to law, they gave little credence to what 'many people liked'.

[prairierose]

17. Not just yes but HELL YES n/t

[number6]

19. only 94% ??

:shrug:

not only Illegal but totally F*cking Illegal

as is the Smirk in Chief ...

[Disturbed]

20. Since no WMDs were in Iraq...

with the past ten years the reason given for invading has been invalidated. The Occupation is also illegal. Amerika is a Fascists Nation that has defied Intl. Law and the Laws agreed upon at the Nurnberg Trials of the Nazis. The Nazis were more horrible yet can Amerika excuse it's actions based upon that comparison?

[underpants]

21. Yes

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