MaumeeRocket Wrote:Schadenfreude Wrote:<a href='http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/03/06/nblur06.xml&sSheet=/portal/2004/03/06/ixportaltop.html' target='_blank'>http://www.telegraph.co.uk/news/main.jhtml...xportaltop.html</a>
Discuss.
Aren't all wars illegal. Can you name one that wasn't illegal besides maybe Gulf War I, which Kerry voted against, FYI.
Although it predates the signing of the UN charter, United States participation in World War II did not run counter to the principles outlined in Chapter VII of the United Nations charter:
<a href='http://www.un.org/aboutun/charter/chapter7.htm' target='_blank'>http://www.un.org/aboutun/charter/chapter7.htm</a>
Pay particular attention to Article 51:
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
The United States cited Article 51 before invading Afghanistan, as you can see here:
<a href='http://www.un.int/usa/s-2001-946.htm' target='_blank'>http://www.un.int/usa/s-2001-946.htm</a>
I'm no lawyer, but our action in Afghanistan certainly appears to been justified under Article 51. As we can see from this article, Kofi Annan did not appear to be objecting to the heart of our case, only expressing concern about whether the United States was going to broaden its attacks outside of Afghanistan:
<a href='http://www.commondreams.org/headlines01/1010-02.htm' target='_blank'>http://www.commondreams.org/headlines01/1010-02.htm</a>
This is a discussion of the action in Afghanistan by the Australian Section of the International Commission of Jurists that seems to back up the idea that the United States action in Afghanistan was acceptable under Article 51:
<a href='http://www.ejil.org/forum_WTC/messages/17.html' target='_blank'>http://www.ejil.org/forum_WTC/messages/17.html</a>
For what it is worth, an imminent threat of an attack has also been commonly interpreted as a justification for invoking Article 51 and conducting a war of self-defense. This is why the question of whether Iraq posed an "imminent threat" have come up so often