Saturday, 26 February 2005

The legality of the Iraqi war

There are several good posts at Opinio Juris about the “legality” of the Iraqi war. For me the issue is rather simple: our constitution has an enumerated power that allows Congress to declare war for whatever reason they choose, and no treaty would change that (it would amount to amending the constitution via treaty).

Being international lawyers, the people at Opinio Juris take a more nuanced view. Julian Ku has a couple of posts (here and here). Chris Borgen responds here.

One point they touch on is the legality of the war in Kosovo. This strikes me as a good point to raise: the Kosovo war was popular among many people that oppose the current war in Iraq and they justify it through a fig leaf of multilateralism via Nato. This seems very dishonest to me, since we’ve heard all of the garbage from the transnationalists that the UN is the only body that can “authorize” war, though they never authorized the actions in Kosovo.

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Nice to see you back again, Robert.

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