OT; afghan war illegal?

[Wolf_Rider]

Originally Posted by bugmenot

Actually, international law overrides national laws (well, it's a bit more complicated, you have monist and dualist conceptions of the IL). BTW, the UN Charter prohibits aggression wars (Chapter VII if I recall correctly). Only attacks in self-defense or attacks that have been approved beforehand by the Security Council can be considered legal.

"The law of nations is a part of the law of the United States unless there is some statute or treaty to the contrary. International law is a part of the law of the United States only for the application of its principles on questions of international rights and duties. It does not restrict the United States or any other nation from making laws governing its own territory. A State of the United States is not a "state" under international law, since the Constitution does not vest it with a capacity to conduct foreign relations."


http://www.law.cornell.edu/wex/international_law





Powers of The Congress:

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;


http://www.usconstitution.net/const.html#A1Sec8






(Iraq round two)
International law
Further information: United Nations Charter and International law

'[/i\\i]There have been no findings by any legal tribunal with both legal authority and legal jurisdiction that any laws were violated. There are only two legal tribunals with both authority and jurisdiction to make such a finding: (1) The US federal courts and (2) the United Nations. Advisory opinions are prohibited in US Courts and are also prohibited by the UN Charter unless the security council authorizes them. There are no relevant advisory opinions or legal finding regarding the legality. The United Nations security council has made no findings on the issues.

[edit] International law - right of pre-emptive self defenseThere is no requirement in international law that the United States (or any nation) seek permission to initiate any war of self defense.[44] "The United States government has argued, wholly apart from Resolution 1441, that it has a right of pre-emptive self defense to protect itself from terrorism fomented by Iraq.[45] Although this position has been intensively criticized, without any legal finding for support, claims for legality or illegality are merely debates. To prove illegality it would first be necessary to prove that the US did not meet the conditions of necessity and proportionality and that the right of pre-emptive defense did not apply.[46]'[/i]


http://en.wikipedia.org/wiki/Joint_R...s_Against_Iraq


(also keep in mind that Iraq (round one) ended in a conditional ceasefire)




"The origins of al-Qaeda as a network inspiring terrorism around the world and training operatives can be traced to the Soviet war in Afghanistan (December 1979 – February 1989).[2] In May 1996 the group World Islamic Front for Jihad Against Jews and Crusaders (WIFJAJC), sponsored by Osama bin Laden and later reformed as al-Qaeda, started forming a large base of operations in Afghanistan, where the Islamist extremist regime of the Taliban had seized power that same year.[3] In February 1998, Osama bin Laden signed a fatwā, as the head of al-Qaeda, declaring war on the West and Israel,[4][5] later in May of that same year al-Qaeda released a video declaring war on the US and the West.[6][7]

Following the bombings of US embassies in Kenya and Tanzania,[8] US President Bill Clinton launched Operation Infinite Reach, a bombing campaign in Sudan and Afghanistan against targets the US asserted were associated with WIFJAJC,[9][10] although others have questioned whether a pharmaceutical plant in Sudan was used as a chemical warfare plant. The plant produced much of the region's antimalarial drugs[11] and around 50% of Sudan's pharmaceutical needs.[12] The strikes failed to kill any leaders of WIFJAJC or the Taliban.[11]

Next came the 2000 millennium attack plots which included an attempted bombing of Los Angeles International Airport. In October 2000 the USS Cole bombing occurred, followed in 2001 by the 11 September attacks.[13]"


http://en.wikipedia.org/wiki/War_on_Terror


Agreed Procedure for the Opening of Hostilities

"The Hague Convention (III) in 1907 called "CONVENTION RELATIVE TO THE OPENING OF HOSTILITIES"[23] gives the international actions a country should perform when opening hostilities. The first two Articles say:-

Article 1
The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.[24]

Article 2
The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.[25]"

http://en.wikipedia.org/wiki/Declaration_of_war