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Originally posted by ArchAngel
You must not ever have checked.....
www.un.org...
Article 3
The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.
Article 4
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
Only STATES can be UN Members.
AMERICA broke UN Law when it Invaded, not Iraq.
Why don't you show it to us. I'm sure it only applies to within the UK, not other nations....
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large
The legal status of self defense varies between jurisdictions. It has been generally held by most courts, as well as prescribed by statute law, that the degree of violence used in self defense must be comparable to the threat faced, so that deadly force should only be used in situations of "extreme" danger. For instance, in most jurisdictions, it is illegal to deliberately kill a petty thief that does not appear to be a physical threat.
Many have ruled that self defense is only acceptable as a legal defense when the user doesn't have sufficient chance to flee. However, the castle exception (see: Edward Coke) argues that one cannot be expected to retreat from one's own home.
The concept of "pre-emptive" self defense is considered dubious due to common misconception of the act as murdering a person believed to someday attack with lethal force. Realistic "pre-emptive" self defense is simply the act of landing the first-blow in a situation that has reached a point of no hope for de-escalation or escape. Many self defense instructors and experts believe that if the situation is so clear-cut as to feel certain violence is unavoidable, the defender has a much better chance of surviving by landing the first blow and gaining the immediate upper hand to quickly stop the risk to their person.
The UN does not govern within nations. International relations is their arena. Nothing Saddam did inside Iraq to his civilians was a violation of UN Law, for good, or bad.
4. We are determined to establish a just and lasting peace all over the world in accordance with the purposes and principles of the Charter..... respect for human rights and fundamental freedoms,....
www.un.org...
Last time I checked iraq had been a member since..21 dec 1945..
I am an American, and I love my country at least as much as you do.
Then why do you continue to post solely about the US?
BTW, why did Resolution 1441 not give them the authority?
How does admitting the truth make you anti-American?
As I said, who's truth?
I am not so blind, nor in such denial that I refuse to tell what is the obvious truth. Facts are facts, and you seem to ignore them when it does not serve your agenda. the UN did not authorize the invasion of Iraq. That is the TRUTH!
Facts what facts? Truths? The truth is not some wonderful weapon against injustice in the world you know, the truth is simply the persons interpretation and opinion.
THAT is a fact.
The UN didnt authorise it and the countries of the world DONT need the UN to authorise any forign action. THAT is a fact.
The US, and the other members of the 'Coalition of the bought and paid for' all violated UN Law when they invaded Iraq.
Thanks for the insult
Article 2
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
This was what Saddam violated when he invaded Kuwait.
That being said is true but there is one thing in the UN charter that still has legality, article 51, it states that any attack on a member , so that therefore entitles every member to defend themselves, I am correct in assumeing this, yes?
The US Constitution says that all treaties, and international agreements that are ratified are US Law.
America is bound by the UN Charter through Constitution LAW.
You liking it, or not notwithstanding.....
[edit on 27-9-2005 by ArchAngel]
I never knew about US law, that is news to me.
[edit on 26/02/2005 by devilwasp]
Originally posted by ArchAngel
Look at my previous post, and you will see it for the first time.
Article two of the UN Charter denies states that right to do what America did, and the UN Charter was ratified making it SUPREME LAW OF THE LAND.
US CONSTITUTION
Article VI
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;....
America is but a single member of the UN among five that have Security Council Vetoes.
The Security Council Alone may authorize the use of force.
Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.
Originally posted by ArchAngel
Unlike America, and England they were not getting 'bad intelligence' in all of the media, around the clock.
I take it NI, scotland and wales didnt take part in the war.
Originally posted by Snoopdopey
Don't worry devilwasp, Archangel is an American, they don't know about any other countries outside their own!!!
Devilwasp:
A) I looked at your last post and you have shown me articles of the charter but answer me the question, does article 51 allow the use of force under self defence purposes?
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.
This is simply security council , we did not go in AS the security council. That is a fact.
The wording is over 60 years ago and IMO means citizens too, you and I both knnow that a state IS the people, or are you trying to imply the people and the state are 2 diffrent things?
state
n.
often attrib
1.
A. A politically organized body of people usually occupying a definite territory; esp One that is sovereign
B. The political organization that has supreme civil authority and political power and serves as the basis of government see also compelling state interest at interest separation of church and state
C. A government or politically organized society having a particular character (a police state)
2. The operations or concerns of the government of a country The sphere of administration and supreme political power of a country (as in international relations) (secrets of state) (affairs of state)
3.
A. One of the constituent units of a nation having a federal government; specif One of the fifty such units comprising the great part of the U.S. see also state law
B. The territory of a state
So? I'm not american, this does not bother me. Whether or not the UK broke the law does.
Also what law say's that we can't fight anyone who we see as a threat?
www.cps.gov.uk...
'Reasonable Force'
A person may use such force as is reasonable in the circumstances for the purposes of:
self-defence; or
defence of another; or
defence of property; or
prevention of crime; or
lawful arrest.
In assessing the reasonableness of the force ......blah blah blah.....
The UN doesnt govern within nations but it does demmand that they repect human rights.
BTW, why did Resolution 1441 not give them the authority?
13. Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;
The UN didnt authorise it and the countries of the world DONT need the UN to authorise any forign action. THAT is a fact.
That being said is true but there is one thing in the UN charter that still has legality, article 51, it states that any attack on a member , so that therefore entitles every member to defend themselves, I am correct in assumeing this, yes?
I never knew about US law, that is news to me.
Don't worry devilwasp, Archangel is an American, they don't know about any other countries outside their own!!!
Iraq did not attack America, or UK, or any of the coalition.
Since the beginning of 1999 through August 1999, Allied pilots launched over 1,100 missiles against 359 Iraqi targets
By all accounts, Iraqi forces continue to target their radar and fire missiles at Allied warplanes despite the punishment inflicted from the air. The estimated, unofficial cost of this war to U.S. and British taxpayers is around $1 billion per year. As of August 1999, over 200 military planes, 19 naval ships and 22,000 American military personnel are committed to enforcing the "no-fly zones" and to fighting Iraq.
America, UK, and all of the coalition members violated international law when Iraq was invaded....
Article 2 of the charter says that you cannot. I thought we went over that.
#1
It is thought that Iraq could be behind the first World Trade Center bombing for a number of reasons
1.)A terrorist involved came from Baghdad and returned to Baghdad after the attack
2.)Kuwaiti documents were tampered with that helped the plot and it is thought that Iraq was the only one able to do this
3.)One involved had Iraqi pass-port
4.)Occurred on the anniversary of the cease-fire agreement between Coalition and Iraq in Gulf War I.
5.)Happened a few years after the Gulf War only
#2
Saddam Hussein attempted to Assassinate a sitting U.S. president (George W. Bush) after Gulf War I.
#3
Iraq invaded Kuwait which helped in basing for the recent Iraq invasion. They are in the coalition. Since then, the U.S. based in Middle East countries has been in a state of continued conflict with the Iraqi government. No end of the War has been officially declared as only a cease-fire agreement has been reached. Furthermore, Iraq did not abide by the weapons inspector component of the cease-fire agreement making the contract null and void. This lead to Operation Desert Strike in 1996 and Operation Desert Fox in 1998 which were both bombings campaigns. The U.S. has ran more sorties after the Gulf War in Iraq Territory (No fly Zones) than in the Gulf War itself. This period between 1991 and 2003 has been called the No Fly Zone War and was largely ignored although it was an active conflict.
#4
Although Israel was not a coalition member, Saddam provided cash incentives for terrorist attacks against Israel. They are a UN member though.
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.
So, you can have self defense no matter what this ‘Article 2‘ is you talk of. Iraq and the U.S. were legally at war albeit a under-reported war. This war was an extension of a war in which Iraq attacked a UN member, and a collective defense was applied.
Even if there was a legal violation, it would just go to show that the UN is not willing to protect member nations from illegal invasions and that it can not be relied upon in security related situations. If the Gulf War was illegal, it didn’t do anything about the U.S. invasion so why should they be the enforcer of international law if they didn’t enforce it? It just looses legal legitimacy in the case where the U.S. violated its laws. If they don’t do anything about illegal invasions, are you sure they are doing things about illegal weapons proliferation?
Hmm, what chapter?
On August 31, 1996, elements of the Iraqi Army attacked and captured the PUK-held town of Irbil in the Kurdish autonomous region of northern Iraq. This renewed Iraqi aggression, led by a Republican Guard mechanized division with the support of regular army troops, alarmed the United States and coalition forces in the region. Rhetoric from Baghdad threatened GCC partners if they assisted the United States in retaliation, while Iraqi air defense forces launched surface to air missiles against USAF fighter aircraft patrolling the northern and southern "no-fly" zones. In response to the seizure of Irbil, USCENTCOM assessed an increased threat to America's interests and moved quickly to bolster its ability to protect those vital national interests on the Arabian peninsula. In close consultation with the National Command Authority, the Command began to develop appropriate military responses to deter further aggression.
Iraq did not attack anyone in any manner other than what is allowed, against the illegal overflights.
Originally posted by ArchAngel
Don't worry devilwasp, Archangel is an American, they don't know about any other countries outside their own!!!
I am not a typical America.
I have a great knowledge of Geography, and History.
Originally posted by Agit8dChop
But because the americans didnt get the backing they WANTED from the UN, they dont really care of there opinions or rules, thus why they are accusing the UN of being CURROPT, the undermine there authority.... There for they consider the WAR legal.
It doesnt matter the rest of the world feels the UN is still the world delegate for peace, because the US is the superpower, and if they dont want to follow the UN's rules.. who's gunna stop them?
I laugh at you supid Americans whom still stand up for this man and his actions, your just so blinded you havent figured out what's going on yet have you? Im glad he's your leader and not mine.. Atleast I have a chance to escape spilling my bloody on the battlefield, where as chances are your going to be conscripted, cause this war, is getting real bad, real quick with no answer.. But its ok, because you still trust bush and he's still telling you they are winning the war on terror.
Originally posted by ArchAngel
Lets have a look....
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.
Iraq did not attack America, or UK, or any of the coalition.
Article 51 does not apply in this case to any state other than Iraq which has the right to defend itself due to the Armed Attack by the Coalition.
an offensive against an enemy
a politically organized body of people under a single government
If you went in without Security Council Authorization then you went in without UN approval.
The Invasion of Iraq was not authorized by the UN as I stated several posts back.
Originally posted by ArchAngel
Lets go to a dictionary rather than accept your opinion.
state
n.
often attrib
1.
A. A politically organized body of people usually occupying a definite territory; esp One that is sovereign
B. The political organization that has supreme civil authority and political power and serves as the basis of government see also compelling state interest at interest separation of church and state
C. A government or politically organized society having a particular character (a police state)
2. The operations or concerns of the government of a country The sphere of administration and supreme political power of a country (as in international relations) (secrets of state) (affairs of state)
3.
A. One of the constituent units of a nation having a federal government; specif One of the fifty such units comprising the great part of the U.S. see also state law
B. The territory of a state
Nope, you were wrong....
America, UK, and all of the coalition members violated international law when Iraq was invaded....
Article 2 of the charter says that you cannot. I thought we went over that.
If everyone went and attacked who they saw as a threat it would be WWIII.
You are confused. This applies to persons, not states.
It is up to the Security Council alone to authorize the use of force.
Originally posted by devilwasp
Yes is appears we did break the law to go to iraq, whether it was right ofcourse is another mater.
Man sure helps you understand the difference between justice and the law.