Was the Iraq war illegal?

[UpInArms]

http://www.guardian.co.uk/law/story/0,3605,1042739,00.html

In a landmark case, two peace activists who tried to stop B-52 bombers taking off will argue that the conflict breached international law

Alex Wade
Tuesday September 16, 2003
The Guardian

Was the war in Iraq legal or not? Lord Hutton won't tell us: that ultimate question does not come within the terms of his inquiry into the death of weapons expert David Kelly. The high court was asked to decide but demurred, declaring it had no jurisdiction to interpret UN resolution 1441, the basis on which Britain went to war.

But the question persists, becoming, if anything, more insistent as any sign of the weapons of mass destruction with which we were threatened continues to prove elusive four and a half months after the end of the war. We learned at the weekend that Jack Straw, the foreign secretary, had urged the prime minister in a private memo just four days before the hostilities broke out to keep Britain out of the conflict.

This week the question will take centre stage again in a court of law. On Friday, in the unlikely setting of Gloucester crown court, a hearing will take place in a criminal case that could mean that 12 ordinary citizens - an English jury - will get to decide whether or not the conflict was legal.

...more...

note: this is an entirely different angle regarding the legality - and an entirely different group of citizens will be in a position to render a decision.

[Brucey]

1. Yes, illegal, but that doesn't mean there is a court

or other body to declare it so. As umpires say, "It isn't so until I say it is."

[DoYouEverWonder]

2. Yes

eom

[ixion]

3. Illegal? Yes... for so many reasons....

"Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States."
-- World Court Digest

[htuttle]

4. Unequivocally yes, it was illegal

Here's a link to a page of links to articles by lawyers and jurists.
http://www.robincmiller.com/ir-legal.htm

About 20+ of them say the war was illegal, and so that this is a fair and balanced post, 2 of them say the war was not illegal.

This article sums up the case that it was illegal pretty well:
http://www.robincmiller.com/iraq-fr.htm

Regarding Resolution 1441:

U.S. ambassador John Negroponte's statement is described as follows: "The resolution contained, he said, no 'hidden triggers' and no 'automaticity' with the use of force. The procedure to be followed was laid out in the resolution." The description of U.K. ambassador Jeremy Greenstock's statement is similar: "He said there was no 'automaticity' in the resolution. If there was a further Iraqi breach of its disarmament obligations, the matter would return to the Council for discussion."
http://www.un.org/News/Press/docs/2002/SC7564.doc.htm

I'd add one thing. Bush committed an impeachable offense by starting the war, since he violated the UN charter. Article VI of the Constitution states that treaties signed by our government have the full weight of the law, and are on a par with laws passed by Congress. Therefore, Bush violated Artitcle VI of the Constitution by violating the UN charter.

It's not so much a matter of "who's going to enforce it?" Our own constitution charges us with enforcing it. The rest of the planet is counting on us to enforce our own constitution. Sadly, I believe they will be let down.

On the bright side, many war criminals have been caught and charged years after their offenses. One can hope that the parties involved in the invasion of Iraq will have to worry about evading prosecution for many years to come. Perhaps one day, our nation will return to the rule of law, and the criminals that started this 'war' will be held accountable for their actions.

[Brucey]

5. Great post,

thanks for the useful info and analysis.