MrSinatra;357815 Wrote: 
> tell me, whats a "legal" war?

That was probably a hypothetical question, but here's a real although
greatly simplified answer.  "International law" is comprised of
treaties signed by various countries around the world.  Basically if a
country signs a treaty promising not do perform action X, and then they
perform action X anyway, then action X is a violation of the treaty, and
illegal.  I don't like the term "international law" myself because it
creates the impression that this law is being imposed on nations from
some outside entity like the UN, and that's not really true.

The UN Charter, for example, is actually a treaty (which the US has
signed), and part of that treaty is that member states agree not to
engage in military aggression without first getting UN approval.  So to
answer your questions, defensive wars are one sort of legal war.  If
Iraq attacked the US, the US would be totally within their rights to
fight back.  So US military action in that hypothetical war would be
legal and Iraqi military action would be illegal, because the Iraqis
were the aggressors.  Now, if Iraq managed to convince the UN Security
Council that the US posed a threat to the world community, or presented
some sort of looming humanitarian disaster, they could attack the US
once they had a UN resolution authorizing the attack, and that would
also be legal.  There are some other cases involving coming to the aid
of an ally that's been attacked, etc, but that's the general gist of
it.

So with regard to the most recent war between the US and Iraq, only
half of that war was truly illegal.  The US attack was not authorized
by the UN, and therefore violated a treaty and was illegal.  The
Iraqis, however, were (and still are) fully within their rights to
defend their country against the country that invaded them.  This if
why Kofi Annan, the current US-backed Secretary General of the UN,
considered the invasion to be illegal.  Hope that helps.

Now, there are some other angles on this, such as the complete lack of
any consistent enforcement mechanism--which leads to justifiable
accusations of case-by-case hypocrisy.  We've also gotten UN approval
in the past (for the Korean War) when it wasn't necessary, creating an
impression that UN approval is needed for all wars (it isn't).  There
are also many conservatives who think the US should withdraw from the
UN, and if that were the case then maybe we could attack whoever we
wanted legally (I doubt it--there are still lots of treaties out
there).

So in simplified terms, the US broke a treaty.  News at 11 ;)


-- 
CatBus
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