International Laws Violated.
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]
Violation. The US used force to settle its dispute with Iraq, ignoring calls from UN Security Council members for a peaceful resolution.
Articles 39 - 50 of the United Nations Charter.
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.
Violation. The United States and its conscripted coalition invaded Iraq without the approval of the UN Security Council. The Bush administration chose not to take the issue to the council because it knew that a resolution to use force against Iraq would not pass.
Article 51 of the United Nations Charter.
Summary of Article 51. Article 51 allows for a nation to use military force to defend itself only in cases of an ongoing or impending attack. It only provides this military solution as a temporary one ?until the UN Security Council can find the appropriate peaceful response. The intention of this article was not to set criteria for the justification of war. Quite the contrary; its intent was to prevent conflicts from escalating into war.
Violation. The US and its conscripted coalition invaded Iraq - calling it a preemptive defense strike, a concept with no legal meaning - despite being unable to prove its allegations that it posed an imminent threat to the US Although the US claimed that Iraq possessed weapons of mass destruction, that Iraq was developing these weapons, and that Iraq intended to use these weapons against the US, the US failed to provide any evidence to substantiate these claims. UN weapons inspectors who examined suspected banned weapons facilities in Iraq found no support for the US assertions. The US also alleged that Iraq had ties to terrorist groups and would likely provide these organizations with weapons of mass destruction. No evidence was presented to the UN to support the accusation.
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]
Violation. The US used force to settle its dispute with Iraq, ignoring calls from UN Security Council members for a peaceful resolution.
US laws violated.
Article VI, Clause 2 of the US Constitution.
Summary of Article VI. The article states that international treaties such as the U.N. Charter, which was ratified by the US in 1945, are the ?supreme law of the land.? The article reads:?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.?
Violation. The United States Congress violated Article VI of the Constitution when it passed Joint Congressional Joint Resolution 46 [S.J. Res 46] 'authorizing' the President to order "the use of United States Armed Forces against Iraq." The President then violated this article when he ordered the commencement of the official invasion of Iraq.
The War Powers Resolution passed by Congress in the immediate aftermath of the September 11 attacks.
Summary. The resolution authorized the President to use military force only against those countries and groups responsible for the September 11 attacks. The resolution stated: ?The president is authorized to use all necessary and appropriate force against those nations, organizations or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons.? [Joint Congressional Resolution 23, 9/18/01]
Evidence that President Bush did not have legal authority to send US troops to invade Iraq under the provisions of the War Powers Resolution. The Bush administration failed to make any connection between Saddam Hussein's regime and the September 11 attacks. Public admissions by Bush administration officials that there was no evidence that Iraq played a part in the September 11 attacks.
President George W. Bush. He admitted there was no such evidence. During a January 31, 2003 joint press conference with British Prime Minister Blair at the White House, the two leaders were asked by a reporter, ?One question for you both. Do you believe that there is a link between Saddam Hussein, a direct link, and the men who attacked on September the 11th?? Bush answered succinctly, ?I can't make that claim.? [US President, 1/31/2003] "
Summary: The United States' official March 17, 2003 invasion of the sovereign state of Iraq cannot be justified by either U.S. or International law. It follows therefore that the United States government should be held liable for all loss of life - whether it be civilian or military; US, British, or Iraqi - and damage to property resulting from this blatant act of aggression.
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