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Author Topic: The Iraqi Solution  (Read 2611 times)
5uperChicken
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« Reply #120 on: December 01, 2007, 07:19:06 PM »

Actually, dead Squirrels work best.


1441 is a final chance to comply with res 687  paragraphs 8-13 which Saddam was of in breach of since it was introduced in 1991. One reason resistance was met in the UN was oil for food money was being used to bribe possible vetos.

Now, in what LEGAL manner do *you* say that this was an illegal war? There still existed a state of war between the UN-authorized forces from 1991, and Iraq was in breach of the truce terms which it signed. Please cite ANY international authority that states the continuation of the the Gulf War was illegal, or that the US was NOT operating under the authority of UNSec Resolution 1441, since it was enforcing the terms and conditions of an Article 7 Binding Resolution, to which the UNSECCOUCIL unanimously agreed to. Are you saying that it's ILLEGAL to enforce the will of an Articel 7 resolution, which says BY ANY MEANS NECESSARY? 

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Citizen4Progress
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« Reply #121 on: December 02, 2007, 06:46:21 AM »

The United Nations and how we deal with it is just one more factor in how diplomacy is used in pursuit of national interests. Ultimately, "international law" is in effect only to the extent that nations see enforcement or compliance as consistent with their national interests -- but the existence of the UN and international law and the extent of political support for it sometimes makes it in a nation's interests to conduct its foreign policy with the UN legal framework.

The Bush administration in its determination to invade Iraq tried to work within that framework because of the political value of having the UN primatur, but ultimately would not be constrained by it.

A little "you catch more bees with honey than vinegar" principle?
I'm not sure if you're referring to the UN in general or the Bush administration's Iraq policy, but either way I wasn't alluding to the honey/vinegar metaphor. Basically, the UN is a political/diplomatic reality that must be taken into account when pursuing foreign policy. A nation-state acts in what it perceives to be its national interests. The extent to which it is in a nation's interests to act within the UN framework (and that framework has constrained or improved behavior between nation-states) defines the functional extent of UN authority and international law.
« Last Edit: December 02, 2007, 09:41:48 AM by Citizen4Progress » Logged

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Citizen4Progress
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« Reply #122 on: December 02, 2007, 07:00:56 AM »

Actually, dead Squirrels work best.


1441 is a final chance to comply with res 687  paragraphs 8-13 which Saddam was of in breach of since it was introduced in 1991. One reason resistance was met in the UN was oil for food money was being used to bribe possible vetos.

Now, in what LEGAL manner do *you* say that this was an illegal war? There still existed a state of war between the UN-authorized forces from 1991, and Iraq was in breach of the truce terms which it signed. Please cite ANY international authority that states the continuation of the the Gulf War was illegal, or that the US was NOT operating under the authority of UNSec Resolution 1441, since it was enforcing the terms and conditions of an Article 7 Binding Resolution, to which the UNSECCOUCIL unanimously agreed to. Are you saying that it's ILLEGAL to enforce the will of an Articel 7 resolution, which says BY ANY MEANS NECESSARY? 

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Hmmmm ... I read your post twice and I don't see a link quoting the "actual words" authorizing a member state to invade Iraq for the purpose of regime change. Enforcing compliance with resolutions is not the same as changing the regime and establishing permanent military bases in the country.

If the resolutions do not specifically authorize regime change and permanent military bases, then we must look to the UN Charter, specifically Articles 51 and 2(4) that govern the use of force. "Preventive" war and war for regime change are among the gravest violations of international law.

What were those resolutions about, anyway? Weren't they primarily about Iraqi WMD? It seems that Iraq was essentially in compliance. To make that determination, the UN inspectors were readmitted to the country with access to every site. Why weren't they allowed to finish their work and make that determination?
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5uperChicken
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« Reply #123 on: December 02, 2007, 07:47:01 AM »

Acting under Chapter VII of the Charter,

1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwil, to do so;

2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the above-mentioned resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;

3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;





Now, in what LEGAL manner do *you* say that this was an illegal war? There still existed a state of war between the UN-authorized forces from 1991, and Iraq was in breach of the truce terms which it signed. Please cite ANY international authority that states the continuation of the the Gulf War was illegal, or that the US was NOT operating under the authority of UNSec Resolution 1441, since it was enforcing the terms and conditions of an Article 7 Binding Resolution, to which the UNSECCOUCIL unanimously agreed to. Are you saying that it's ILLEGAL to enforce the will of an Articel 7 resolution, which says BY ANY MEANS NECESSARY? 


I sincerely doubt it..


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5uperChicken
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« Reply #124 on: December 02, 2007, 07:55:19 AM »

Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.


Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.


The Charter does not allow for the piling up of more and more resolutions. The SC considered the measures in article 41 inadequate 17 times.
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Citizen4Progress
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« Reply #125 on: December 02, 2007, 08:18:52 AM »

Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.


Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.


The Charter does not allow for the piling up of more and more resolutions. The SC considered the measures in article 41 inadequate 17 times.
I've read both of your posts twice, and I still don't see the "actual words" stating that a member state is authorized to invade and occupy Iraq for the purpose of REGIME CHANGE and establishing permanent military bases.

However, I do see in the quotes above references to the Security Council. As I've pointed out before, the Security Council DID NOT authorize the invasion in 2003. There was a big deal about the 2nd vote for that authorization. Bush lobbied the members hard for their votes, but he called it off when he saw he would lose that vote.

And I'll ask the question again. The UN inspectors were readmitted to Iraq with access to every site in order to determine whether Iraq was in compliance regarding WMD. Why weren't they allowed to finish their work and make that determination?
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Citizen4Progress
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« Reply #126 on: December 02, 2007, 09:20:47 AM »

Gojira,

I didn’t intend for my dispute with SuperChicken to sidetrack this thread from the original topic so much, but it is difficult to let some things pass unchallenged.

However, IMO any “solution” to Iraq requires shedding light not only on WHY we are in Iraq but on HOW we got there. Patton and I had a pretty good discussion on this in the United States forum in the thread titled This crow tastes good….

Also, my response to your original post is on page 7 of this thread, 5th from the top. This elicited a reply from Terry Mathis that consisted of a brief insult. I'm interested in a response to my post on page 7 that actually addresses the content. Perhaps that could get this thread back on track.
« Last Edit: December 02, 2007, 09:31:51 AM by Citizen4Progress » Logged

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5uperChicken
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« Reply #127 on: December 02, 2007, 02:35:59 PM »

Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.


Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.


The Charter does not allow for the piling up of more and more resolutions. The SC considered the measures in article 41 inadequate 17 times.
I've read both of your posts twice, and I still don't see the "actual words" stating that a member state is authorized to invade and occupy Iraq for the purpose of REGIME CHANGE and establishing permanent military bases.

However, I do see in the quotes above references to the Security Council. As I've pointed out before, the Security Council DID NOT authorize the invasion in 2003. There was a big deal about the 2nd vote for that authorization. Bush lobbied the members hard for their votes, but he called it off when he saw he would lose that vote.

And I'll ask the question again. The UN inspectors were readmitted to Iraq with access to every site in order to determine whether Iraq was in compliance regarding WMD. Why weren't they allowed to finish their work and make that determination?


I've read every post. I have so far recieved the personal opinions of you, Mr. Peisi, Kofi Annan, and some lawyer's website.
The issue is the legality of a US invasion of Iraq....I've showed the resolutions that laid out ceasefire agreements, the resolutions that allows for any means necessary as an option by member states to enforce an article 7 resolution and any subsequent resolution, which there were many that Iraq was also declared to be in major breach of. You ahve countered with internet JUNK. Now, I ask you, please cite the LEGAL authority that states that a continuation of the Gulf war, that a US invasion of Iraq,was illegal; according to the pertinent resolutions, or the US Constitution, or the War Powers Act.
I ask you, when regarding the legality of the Iraq war, NOT why inspectors were or were not allowed to continue their 12-year quest to find what we found in 12 months, but instead, why...according to WHAT....would you consider enforcing the terms and conditions of a unanimous, article 7 resolution, which says "by any means necessary" to be illegal? Dare I say you can't do it.
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5uperChicken
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« Reply #128 on: December 02, 2007, 03:50:30 PM »

It's as if a law is passed against jaywalking, and when the ticket was dished out, you demand to see a law that says that it's legal to give tickets to people you don't like.
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Citizen4Progress
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« Reply #129 on: December 02, 2007, 05:04:37 PM »

SuperChicken, your entire argument is predicated on the assumption that by invading Iraq the US was enforcing UN resolutions. The Bush administration doesn't give a rat's ass about the authority of the UN. They invaded for their own reasons. You have yet to post the "actual words" in any UN resolution or in the UN Charter granting any member state the authority to use force for the purpose of REGIME CHANGE. You can't, because it is a violation of the UN Charter.

The dictates of Resolution 1441 were being carried out by the inspectors, who were there to determine whether Iraq was in compliance. Bush put an end to that enforcement. Why? What imminent threat was posed while Iraq was crawling with inspectors and the world's greatest military was poised to strike at the slightest provocation? If this war "preempted" anything, it was the inevitable finding by the inspectors that Iraq HAD NOT reconstituted its WMD programs. The primary rationale for this war (and public support for it) would have evaporated along with the "mushroom clouds" Bush conjured up.

You are of the opinion that the resolutions that launched the first gulf war gave any member state the authority to do what the US did in 2003. For example, if Russia had invaded and occupied Iraq, set up military bases and changed Iraq's oil transactions from euros to rubles, no doubt you would have defended those actions as legal. My guess is you don't give a rat's ass about UN legalities any more than John Bolton and that you would have screamed bloody murder if Russia took those actions.

We can go back and forth like this about UN legalities ad infinitum. It's a waste of time. If you want to address the topic of this thread, I'll respond. If not, feel free to knock yourself out.
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5uperChicken
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« Reply #130 on: December 02, 2007, 05:49:38 PM »

SuperChicken, your entire argument is predicated on the assumption that by invading Iraq the US was enforcing UN resolutions. The Bush administration doesn't give a rat's ass about the authority of the UN. They invaded for their own reasons. You have yet to post the "actual words" in any UN resolution or in the UN Charter granting any member state the authority to use force for the purpose of REGIME CHANGE. You can't, because it is a violation of the UN Charter.

Mine is based upon The pertinent UNSC res's, The Constitution, and The War Powers Act...YOUR argument is based upon "the Bush administration doesn't give a rat's ass" John Bolton said....Kofi Annan said...
You argument is based upon what YOU say the reason for war was, not on what is meant by an article 7 res. that allows for any means necessary.Regime change is one of any or all means, is it not? The UN did not invade Iraq, The UN did not condemn the invasion...Now show me where it was illegal for the United states to invade Iraq. EVEN under UN auspices. you cannot without your ridiculous caveats.


1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwil, to do so;

2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the above-mentioned resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;

3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;

You are of the opinion that the resolutions that launched the first gulf war gave any member state the authority to do what the US did in 2003. For example, if Russia had invaded and occupied Iraq, set up military bases and changed Iraq's oil transactions from euros to rubles, no doubt you would have defended those actions as legal. My guess is you don't give a rat's ass about UN legalities any more than John Bolton and that you would have screamed bloody murder if Russia took those actions.

You're setting up a strawman, which is definatley par for the course, If Russia had invaded Iraq to enforce the will of a unanimous, article 7 resolution that says member nations may use all means necessary, how could I deny the legality?....no, seriously,,,,HOW?

We can go back and forth like this about UN legalities ad infinitum. It's a waste of time.
imagine that.
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Patton
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« Reply #131 on: December 02, 2007, 06:04:20 PM »

Just because it is legal does not make it right.

A man may be convicted of murder and sentenced to death. It is legal.

New evidence comes about years later and clears him of the crime. Now what?

The UN Resolutions do not take into account intangible circumstances like Saddams need to appear strong in the face of an enemy like Iran or his people.

I make no excuses, only intention is to shine light on other possibilities.
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Terry Mathis
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« Reply #132 on: December 02, 2007, 11:30:34 PM »

.


'Regime Change' in Iraq was just a convenient coincidence of the Bush administrations 'goal' in Iraq.  Wink

Based on the (bad, we now know) intell then as given by Sec. of State Colin Powell pertaining to WMD's, the administration sent forces (along with other nations, based on the UN resolutions) to Iraq.

I'm sure it was a plus for the Kurds and other Iraqis to have Sodom caught, tried, convicted and hung for all the murders he was responsible for.


Terry


.


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« Reply #133 on: December 03, 2007, 03:27:44 PM »

"any means necessary" does not imply "any actions necessary". Does not set out the extent to which any means are to be used. Any means is not any means in any form. Any means are to enforce the resolution. Physical extermination of the entire population would enforce the resolution; any means does not mean any means to any extent.

British Attorney General legal advice to Blue Liar prior to the war:

" Any force used pursuant to the authorisation in resolution 678 (whether or not there is a second resolution):


-must have as its objective the enforcement the terms of the cease-fire contained in resolution 687 (1990) and subsequent relevant resolutions;
- be limited to what is necessary to achieve that objective; and
- must be a proportionate response to that objective, ie securing compliance with Iraq's disarmament obligations.

That is not to say that action may not be taken to remove Saddam Hussein from power if it can be demonstrated that such action is a necessary and proportionate measure to secure the disarmament of Iraq. But regime change cannot be the objective of military action. This should be borne in mind in considering the list of military targets...."

any questions?
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a big pile of bs covered with a thick layer of sugar
5uperChicken
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« Reply #134 on: December 05, 2007, 06:36:58 AM »

First...the British AG, seems like he knows a little about law:

"...pursuant to the authorisation in resolution 678"

Now come the caveats, conditions, addendums, rewordings and opinons....


The very same Brit AG says this:

"2. As I have previously advised, there are generally three possible bases for the
use of force:

(a) self-defence (which may include collective self-defence);
(b) exceptionally, to avert overwhelming humanitarian catastrophe; and
(c) authorisation by the Security Council acting under Chapter VII of the UN
Charter.
"

...see above
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