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Spiffor
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CPA - Evil Clone brigade
Nov 2001 time: 06:28
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quote: Originally posted by Imran Siddiqui
QCubed: 
Exactly. To say wars not sanctioned by the UN are illegal is being dense. No country has given up their military or decision making power to the UN.
Which wars are illegal? No wars are illegal... except if you lose. |
International wars that are not sanctioned by the UN are illegal in regard of the international law, which has been written by the UN (i.e by the US, USSR and Britain back in 1945).
The only exception is self defense. A nation is in its whole right to defend itself, UN blessing or not. Pre-emptive wars do not count, and like any other agressive war, it has to be mandated by the UN to be legal.
Gulf War 1 was an agressive war (it wasn't Kuweit defending itself, nor the US honoring some defensive alliance à la NATO), which was justified by the UN. It was legal, just like the Korea war. That didn't make it right or wrong, just legal.
Gulf War 2 was technically an agressive war, no matter if you think it was justified for security reasons or not : the US haven't been actually attacked by the Iraqi State and have declared them war nonetheless.
The US failed to have their war rubberstamped by the UN, making it technically illegal.
The argument that Saddam didn't meet the requirements of past resolutions is wrong, since these past resolutions called for a decision to be made by the UN Security Council. It's not like it was written in the resolutions "the US may declare war to Iraq if the latter doesn't comply".
The only clearly stated consequence of Saddam not giving up his WMD program was the sanction regime. No matter how murderous the sanctions were, these were legal. Again, legality didn't make them right.
For a simple comparison, you may hate the Patriot Act, but it is a perfectly legal text, adopted by the Congress, enforced by judges and such. OTOH, if you go to kill a neighbour you feel strongly threatening to your life and the life of your family, it is illegal.
But it's no wonder that this poll has turned into a "are you for or against the war ?" poll.
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