Tuesday 4 September 2012

The invasion of Iraq was also illegal under USA Law, not just International Law

The invasion of Iraq was also illegal under USA law, not only International Law

Article VI, Clause 2 of the US Constitution.
· Summary of 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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." [US Constitution]
· The UN Charter is of course one of those Treaties refered to in the US Constitution.
In the UN Charter it states;
Article 2 of the United Nations Charter.
· Text of Article 2, Section 3- 4. "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. .... [and] 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." [UN Charter, Article 2, Sections 3,4]·
· AND
·
· Articles 39 - 50 of the United Nations Charter.
o Summary of Articles 39-50. Articles 39 - 50 of the United Nations Charter clearly stipulate that no member state is authorized to use military force against another country without the UN Security Council first determining that certain criteria have been met. (1) There must be a material breach of its resolution; and (2) All nonmilitary and peaceful options to enforce the resolution must be fully exhausted. Once it has been decided that the necessary conditions for military action have been met, only the UN Security Council can authorize the use of military force. [UN Charter]
o
o AND
o
o Kellog-Briand Pact of 1928.
§ Summary of Article 51. The Kellog-Briand treaty, ratified by the United States in 1929, requires that all disputes be resolved peacefully. It prohibits war as an instrument of foreign policy. [Kellog-Briand Treaty of 1928] As a testament to this fact, in 1932, the secretary of state, Henry L. Stimson stated, "War between nations was renounced by the signatories (including the US and Britain) of that Treaty. This means that it has become throughout practically the entire world... an illegal thing. Hereafter when nations engage in armed conflict... we denounce them as law breakers." [cited in Dawn, 11/13/01

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