Quote:
Originally Posted by Randomdude
Good thing it doesnt require being on the ground in Iraq to know that the US attacked a sovereign nation and forcibly removed its leader, both in violation of international treaty and law, which clearly violates the Constitution.
I could care less about you playing the "soldier card". The fact that you stood in the middle of the desert with a rifle in your hand does not make you qualified to talk about anything outside of standing in the desert with a rifle in your hand. Im not claiming to know whats happening on the ground, and frankly, I couldnt care, it has absolutely NOTHING to do with the legal aspects of the war, which are much better handled by "people in recliners", then grunts on the ground whom are mostly average joes and know nothing of international law or consitutional law.
Im now prepaired for you to go in to a genuine Coulter rant about everyone who disagrees with the right wing is a terrorist, treasonist, un-American, hates the troops, communist, cowards blah blah blah. After all, thats immediatley what the right runs to when faced with superior intellegence, and/or facts they have no answer for.
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One thing for ya bud......Go and read the cease fire agreement made by the UN in 1991 signed by the Iraqi Government and the US.
The legality of the
Iraq War is a matter both of international law and U.S. Constitutional Law.
From a legal perspective, it is also important to understand the 1991 cease-fire agreement between Iraq and the United States. Saddam Hussein clearly violated this cease-fire agreement, and thus the 2003 invasion of Iraq can be legally considered a continuation of the war that started in 1991.
U.S. Constitutional Law
Article I, section 8 of the United States Constitution grants Congress the power "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water . . . "
A formal
declaration of war is not necessary for Congress to authorize the use of force, and World War II was the last conflict the U.S. fought with an actual Declaration of War. Several major conflicts, including the Korean War and the Vietnam War, have been fought since that time without a Declaration of War. Furthermore, the
Authorization for Use of Military Force (AUMF) provides the statutory equivalent of a Declaration of War:
(1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution. The relevant section of the
War Powers Resolution of 1973 reads (emphasis added):
(b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless
the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, ... Per the War Powers Resolution of 1973, a "specific statutory authorization" by Congress grants the same powers as a formal Declaration of War.
AUMF
Congress granted the President broad powers to retaliate for the 911 attacks by passing the
Authorization for Use of Military Force (AUMF) on September 18, 2001. Section II states as follows:
"(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."
[edit] AUMF Iraq
On October 11, 2002, the U.S. Senate passed the
Authorization for Use of Military Force Against Iraq Resolution, also known as the 'Iraq War Resolution'. It was signed into law by President Bush on October 16, 2002.
The Iraq War Resolution in part states:
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--The President is authorized to use the Armed
Forces of the United States as he determines to be necessary and
appropriate in order to--
(1) defend the national security of the United States
against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council
resolutions regarding Iraq.
UN Security Council Resolutions
Iraq was in material breach of a series of Security Council (UNSC) resolutions, as well as the armistice ending the Gulf War in 1991.
The U.S State Department has stated that Saddam Hussein violated each and every one of the UNSC resolutions passed since Iraq invaded Kuwait during the Gulf War.
http://www.state.gov/p/nea/rls/01fs/14906.htm
Security Council Resolution 1441 gave Saddam Hussein a final chance to comply with all previous UNSC resolutions, which he failed to do.
1991 Cease-Fire
The 1991 Gulf War ended in a cease-fire agreement, ratified by the UN Security Council as
Resolution 687. The cease-fire was conditional upon Iraq's acceptance of the provisions of the Resolution. Some of those provisions included:
- Requiring Iraq to dismantle all WMD and all long-range missiles *under international supervision* (article C).
- Requiring Iraq to abandon all future WMD programs (article C)
- Comply with UN restrictions on the importation of conventional weapons (article F)
- Permenantly abandon support for terrorism (article H)
As there was no peace treaty following the cease-fire, the Gulf War coalition retained the right under international law to resume hostilities if Iraq violated the terms of the cease-fire. UNSCR 1441 found Iraq in material breach of the cease-fire.