"It has never happened in history that a nation that has won a war has been held accountable for atrocities committed in preparing for and waging that war."
link
I believe that the US invasion of Iraq in 2003 was illegal. It seems that many Kossacks feel the same.
Imagine a scenario in which the United States were held accountable if we did, in fact, violate any laws. Maybe benevolent space aliens, or God, or the Flying Spaghetti Monster intervened and brought Peace and pursued Justice.
As someone who believes that the War was illegal I have the opportunity to present my case to this benevolent force (BF). I present my disorganized thoughts and beliefs supported by links from around the internets.
On September 16, 2004 Kofi Annan, the Secretary General of the United Nations, said of the invasion, "I have indicated it was not in conformity with the U.N. charter. From our point of view, from the charter point of view, it was illegal."
Iraq War
Waging a war of aggression is a crime under customary international law and refers to any war not out of self-defense or sanctioned by Article 51 of the UN Charter.
The International Military Tribunal at Nuremberg, which followed World War II, called the waging of aggressive war "essentially an evil thing...to initiate a war of aggression...is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."
War of aggression
The case that the war was illegal and that George Bush should be held accountable is a no brainer, so we skip past that part...
War mongering members of his administration are also pretty straight forward:
Principle III
The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.
Nuremberg Principles
BF: You've made a good case against Bush and his administration, but where do you draw the line? Anyone else?
i know: And those in Congress who voted in favor of the AUMF. It gave the President the authority to proceed.
The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant United Nations Security Council Resolutions regarding Iraq."
Authorization for Use of Military Force
BF: You think that the AUMF really made a difference?
i know: It prevented legal intervention to stop the war:
In early 2003, the Iraq Resolution was challenged in court to stop the invasion from happening. The plaintiffs argued that the President does not have the authority to declare war. The final decision came from a three-judge panel from the US Court of Appeals for the First Circuit which dismissed the case. Judge Lynch wrote in the opinion that the Judiciary cannot intervene unless there is a fully-developed conflict between the President and Congress or if Congress gave the President "absolute discretion" to declare war.
Iraq Resolution
BF: So why is this a war crime?
i know: Well, voting for the AUMF helped plan, prepare and initiate the illegal war:.
Principle VI
The crimes hereinafter set out are punishable as crimes under international law:
(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
Nuremberg Principles
BF: I see. What about Obama?
i know: Oh no, not Obama. He was against the war from the start. He publicly opposed it.
The consequences of war are dire, the sacrifices immeasurable. We may have occasion in our lifetime to once again rise up in defense of our freedom, and pay the wages of war. But we ought not we will not travel down that hellish path blindly. Nor should we allow those who would march off and pay the ultimate sacrifice, who would prove the full measure of devotion with their blood, to make such an awful sacrifice in vain.
Barack Obama's Iraq Speech
BF: I see. What about the soldiers?
i know: I don't think so. They didn't really have a choice or understand what was happening. They were lied to. Besides, if you say our soldiers are criminals a lot of people will get very mad at you.
BF: What about Lt. Watada?
These days the most one hears about such things tends to involve the case of Lt. Ehren Watada, and his refusal to follow orders to deploy to Iraq. Watada’s claim is that as the Iraq War was instigated on false pretexts it is clearly a violation of the above Conventions and in particular a Crime Against Peace. The Army’s position is that Watada refused orders and that this behavior is criminal under the Army’s legal system. The judge hearing the case refuses to allow the defense to even use Watada’s reasons for refusing these illegal orders to be considered.
If the war is acknowledged as illegal that means admitting that everyone who participates in it, plans it, or orders it is a war criminal.
War Criminals ‘R’ US
i know: Yeah, still. They didn't know it was wrong.
BF: Hmmm. And you?
i know: Me? Me! What about me?
BF: What did you do to stop the war?
i know: I couldn't do anything! I'm just a private citizen. I didn't sign up to go to war or anything. I didn't vote for the AUMF.
BF: Did you favor the war?
i know: On not, not at all. I opposed the war!
BF: And you publicly spoke out?
i know: Absolutely! I told my wife.
BF: Your wife? No one else?
i know: And our cats.
BF: Your cats?
i know: We have two cats.
BF: I see. That's all you did to stop what you thought was a horrendous war crime and injustice?
i know: And I read blogs against the war.
BF: You read blogs?
i know: And I wrote blogs against going to war and comments on other blogs. Sometimes with great passion!
BF: What was the reaction at work and in your community to you opposing the war.
i know: Well, i mean, uh, they didn't know. I blogged anonymously.
BF: Anonymously?
i know: I could lose my job or something. And I was not really comfortable with my neighbors knowing I was against the war. Some of those people are crazy, you know.
BF: I know. You kept paying your taxes to fund this illegal war?
i know: You could go to jail for not paying taxes.
BF: So who do you think is guilty and should be held accountable? Where do you draw the line?