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  1. #1
    Banned sharder8's Avatar
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    "Illegal" war???

     
    I've been hearing the phrase "illegal" war quite a bit lately and it got me to thinking . . . . .

    What makes the Iraq war "illegal"?

    It was a declared war . . . . . declared in advance and after much posturing.

    While it was originally based on the premise of WMD, it also involved the actions and previous actions of Saddam. (The actions of Saddam have met the scrutney of public opinion in many similar military actions in the past.)

    The reason I'm asking is that it dawned on me that by todays thinking . . . . the American Revolution was "illegal" as well. Come to think of it . . . . most "wars" in the last 400 years were "illegal" as well.

    On the other hand, what makes a war legal???

    Harder

  2. #2
    Ultimate Member Pexster's Avatar
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    Personally, I'd like to see administrations go through the process of issuing a declaration of war. I'm not sure of all the reasons (aside from lack of political will) that they don't anymore. As you know, Viet Nam was not a declared "war" either.

    My guess is that Theo will be able to provide some historical analysis here.

  3. #3
    Ultimate Member Smidley's Avatar
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    In chronological order:

    Iraq war illegal, says Annan - September 16, 2004
    Iraq war allies rebuff UN chief - September 16, 2004
    US says Iraq invasion was legal - September 16, 2004
    Mid-East press unites behind Annan - September 18, 2004

  4. #4
    Pump you sucker! Pump! Chuckiechan's Avatar
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    To be legal it needs to meet the "Global Test" as defined by the UN and Sen. Kerry.
    Obama: The rich have the Federal Reserve and the poor have Harry Reid... LOL. Life really is unfair!

  5. #5
    Senior Member lone1dog's Avatar
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    Quote Originally Posted by sharder8
    I've been hearing the phrase "illegal" war quite a bit lately and it got me to thinking . . . . .

    What makes the Iraq war "illegal"?

    It was a declared war . . . . . declared in advance and after much posturing.

    While it was originally based on the premise of WMD, it also involved the actions and previous actions of Saddam. (The actions of Saddam have met the scrutney of public opinion in many similar military actions in the past.)

    The reason I'm asking is that it dawned on me that by todays thinking . . . . the American Revolution was "illegal" as well. Come to think of it . . . . most "wars" in the last 400 years were "illegal" as well.

    On the other hand, what makes a war legal???

    Harder
    I think they should re-read your question Sharder8. You didn't ask about what makes the Iraqi war illegal,God we have beat that horse to death. You asked what makes a war illegal?
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  6. #6
    Banned sharder8's Avatar
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    Quote Originally Posted by lone1dog
    I think they should re-read your question Sharder8. You didn't ask about what makes the Iraqi war illegal,God we have beat that horse to death. You asked what makes a war illegal?
    Subtle and great at beatin' aroun' the bush, ain't I???

    Yer' right though, that is the gist of my post, "What makes a war legal"?

    Harder

  7. #7
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    Quote Originally Posted by sharder8
    Subtle and great at beatin' aroun' the bush, ain't I???

    Yer' right though, that is the gist of my post, "What makes a war legal"?

    Harder
    As with any legality issue, a war is legal if it fits within the accepted laws.

  8. #8
    Living the dream The Real Bingo's Avatar
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    Quote Originally Posted by Chuckiechan
    To be legal it needs to meet the "Global Test" as defined by the UN and Sen. Kerry.
    Yep. You have to make sure the majority of the nations agree with your course of action before you defend your country by going to war...

  9. #9
    Banned sharder8's Avatar
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    Quote Originally Posted by loftezy
    As with any legality issue, a war is legal if it fits within the accepted laws.
    Who's law and what law? (Specific's required!)

    Harder

  10. #10
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    Quote Originally Posted by The Real Bingo
    Yep. You have to make sure the majority of the nations agree with your course of action before you defend your country by going to war...
    If you read the UN Charter, it says that a country can defend itself if it is experiencing aggressive actions from another nation. Was the US experiencing aggressive actions from Iraq? IMO, no. Thats why I feel that the war was illegal.

  11. #11
    Living the dream The Real Bingo's Avatar
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    Well, physically, we weren't defending anything... yet. We were defending a potential physical threat.

    On the other hand, we could have been defending some unknown interests in the Middle East. There is probably so much more stuff to it, we, the public, barely even see the surface.

  12. #12
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    Quote Originally Posted by The Real Bingo
    Well, physically, we weren't defending anything... yet. We were defending a potential physical threat.
    I fail to see the potential threat. Also, EVERY country is a potential physical threat. That is exactly why the UN was created! It helped ease the tention of "neighbors" not trusting "neighbors."

  13. #13
    Living the dream The Real Bingo's Avatar
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    Iraq was unstable. I'm sure England or Germany or Canada isn't going to nuke us anytime soon...

  14. #14
    Ultimate Member Smidley's Avatar
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    Quote Originally Posted by The Real Bingo
    Yep. You have to make sure the majority of the nations agree with your course of action before you defend your country by going to war...
    It's not defense when the country didn't attack you first.

  15. #15
    Living the dream The Real Bingo's Avatar
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    That's why they use the term "preemptive".

  16. #16
    Ultimate Member Smidley's Avatar
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    Quote Originally Posted by sharder8
    Who's law and what law? (Specific's required!)

    Harder
    The laws determined by the current society and how they interpret them.

    If history, as seen by the future dominant society, looks favorably on a war, it's legal; unfavorably, it's illegal.
    Last edited by Smidley; October 28th, 2004 at 03:28 PM.

  17. #17
    Member Stick32's Avatar
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    Iraq intended to build nuclear weapons that's a potential threat. Iraq's chief of the nuclear weapons program has confirmed it. Oh, and where was the UN when Afghanistan was harboring Osama? Where are they with all the atrocities going on in our world?
    "Nothing is ever as bad as it seems, and nothing is ever as good as it seems. Reality is usually somewhere in the middle" - Lou Holtz

  18. #18
    Living the dream The Real Bingo's Avatar
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    Quote Originally Posted by Smidley
    The laws determined by the current society and how they interpret them.

    If history, as seen by the future dominant society, looks favorably on a war, it's legal; unfavorably, it's illegal.
    Ah, but doesn't everyone interpret things differently?

  19. #19
    Banned sharder8's Avatar
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    Quote Originally Posted by Smidley
    The laws determined by the current society and how they interpret them.

    If history, as seen by the future dominant society, looks favorably on a war, it's legal; unfavorably, it's illegal.
    So what you're saying is that if 10 years from now, society looks at the Iraq war favorably . . . . everyone today calling it illegal is wrong? (Or vice versa)

    Harder

  20. #20
    Banned sharder8's Avatar
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    As for the opinion of the UN . . . . . . . what a bunch of ineffective, corrupt, spineless dweebs!

    The League of Nations, (predessor tothe UN), and the UN, were both formed with great intentions. Both have failed misserably from what was envisioned.

    Harder

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