War crimes by US troops

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Who is like God arbour
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Post by Who is like God arbour » Thu Aug 23, 2007 4:28 pm

sonofccn wrote:WILGA-
Not much to say. Your idea to combat global terrisome is let's sit down and hope the Jihadist get tired of trying to kill us. Didn't we try that during the ninties? Didn't seem to work then, I doubt it will do much good now.
Have you read my post at all?

I have nowhere said that the U.S. shall sit down and do nothing.

Quite the contrary: I think that they should fight the causes for terrorism and not merely the symptoms.

Support the U.N. to meet the Millennium Development Goals.

Fight poverty, war and other causes that makes the world for some people to a hell on earth.

Many people are living in such circumstances that they have no other choice than turn towards religion and fanaticism.

Otherwise many of them could commit suicide because life has nothing to offer for them.

And in such circumstances the people are hearing to everyone who is promising a better world.

That's the time for propagandists and demagogues.

Take them their thunder.

Show them that the U.S. is not the evil.

Show them that the U.S. is really helping to build a better world.

Show them that the U.S. is not only following own interests.

Show then that the U.S. respect other nations and international law.

Show them that the U.S. is a trustworthy nation.

Show them that the U.S. really beliefs in the values it is propagandising.

That's how the foreign policy of the U.S. should be.

And parallel to this, the U.S. can advance their inland security - because - as I have said already - all the wars have done nothing to prevent further terror attacks.

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Post by Who is like God arbour » Thu Aug 23, 2007 5:05 pm

2046 wrote:Hiroshima and Nagasaki were perfectly ethical and flawless in every way, though Nagasaki was a bit of a misdrop and so got contained by the terrain.
            • " ... perfectly ethical and flawless in every way ... "
            Are you serious? I think I have to revise my opinion of you.
            I could understand if one think that it was maybe necessary.
            But one should admit that it was - at least - questionable if it was really ethical better than the usage of other options.
            Sure, some of these options may have been a greater risk to the U.S.
            But if 200'000 lifes could have been saved, the U.S. should have taken some risks.
            To say that it was "perfectly ethical" to kill over 200'000 people is - in my opinion - unacceptable and inhuman.
Cpl Kendall wrote:The Americans could have simply negotiated an end to the war. By the time the bombs were dropped Japan was in no position to continue to wage war or even to continue to feed herself.
sonofccn wrote:Surrender to them was worse then death. Hell even after the two bombs there was a faction that wanted to continue fighting and I think tried to either plan or stage a coup to prevent Japan from surrendering. They would have fought to the last man making us pay for every bloody inch we took. Instead we chose to show them how outclassed they were and they saw reason.
Cpl Kendall wrote:A few months of no food would have convinced them that there wasn't much of a choice.
sonofccn wrote:So you kill more people just to feel good? Funny logic. I prefer to keep the body count as low as possible and just frag a city and let them know who going to win.
Cpl Kendall wrote:And the evidence that the food shortage would have killed more than the 160,000 odd from the bombings is? Even if we just bottled them up and let in food, we could have left them in there forever, they couldn't do anything. They were spent.
sonofccn wrote:Let see you plan to wait until people are dieing left and right so that they realize they can't win, assuming they do accept defeat instead of mass suicide, and you think the losses will be less?

Even better let them rot as savages huh? Instead of defeating them and rebuilding thier society into a productivy peaceful we should have simply wasted time and money by putting a flotilla around thier island. So again suffering and death are okay as long as you give the appearne caring.
  1. What would have been wrong with a warning shot?

    Why could the U.S. not have deployed the first bomb in an uninhabitated area to show the power of destruction - linked with a warning that if they don't surrender the next bombs will be deployed in not uninhabitated areas?

    Why could the U.S. not choose an only military target but a large city with over 255'000 civilian inhabitants?
  2. From Wikipedia:
    • Those who argue that the bombings were unnecessary on military grounds hold that Japan was already essentially defeated and ready to surrender.

      One of the most notable individuals with this opinion was then-General Dwight D. Eisenhower. He wrote in his memoir The White House Years:
      • "In 1945 Secretary of War Stimson, visiting my headquarters in Germany, informed me that our government was preparing to drop an atomic bomb on Japan. I was one of those who felt that there were a number of cogent reasons to question the wisdom of such an act. During his recitation of the relevant facts, I had been conscious of a feeling of depression and so I voiced to him my grave misgivings, first on the basis of my belief that Japan was already defeated and that dropping the bomb was completely unnecessary, and secondly because I thought that our country should avoid shocking world opinion by the use of a weapon whose employment was, I thought, no longer mandatory as a measure to save American lives."
      Other U.S. military officers who disagreed with the necessity of the bombings include General Douglas MacArthur (the highest-ranking officer in the Pacific Theater), Fleet Admiral William D. Leahy (the Chief of Staff to the President), General Carl Spaatz (commander of the U.S. Strategic Air Forces in the Pacific), Brigadier General Carter Clarke (the military intelligence officer who prepared intercepted Japanese cables for U.S. officials), Admiral Ernest King, U.S. Chief of Naval Operations, Undersecretary of the Navy Ralph A. Bard, and Fleet Admiral Chester W. Nimitz, Commander in Chief of the Pacific Fleet.
      • "The Japanese had, in fact, already sued for peace. The atomic bomb played no decisive part, from a purely military point of view, in the defeat of Japan." Fleet Admiral Chester W. Nimitz, Commander in Chief of the U.S. Pacific Fleet.

        "The use of [the atomic bombs] at Hiroshima and Nagasaki was of no material assistance in our war against Japan. The Japanese were already defeated and ready to surrender." Admiral William D. Leahy, Chief of Staff to President Truman.
      The United States Strategic Bombing Survey, after interviewing hundreds of Japanese civilian and military leaders after Japan surrendered, reported:
      • "Based on a detailed investigation of all the facts, and supported by the testimony of the surviving Japanese leaders involved, it is the Survey's opinion that certainly prior to 31 December 1945, and in all probability prior to 1 November 1945, Japan would have surrendered even if the atomic bombs had not been dropped, even if Russia had not entered the war, and even if no invasion had been planned or contemplated."
    Fact is that the highest ranking officers of the U.S., those who have known more about the situation than every other person, have said that the bombings were unnecessary on military grounds.
  3. And it would have been preferable to let them hunger with the option to surrender. Then, their suffer would have been self-imposed and they could have at any time decided to surrender. These who were killed by the bombings hadn't have any options. You have serious ethical problems if you can't see that there is a huge difference.
    And it is not so that a foot shortage would have killed them at once.

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Post by Kane Starkiller » Thu Aug 23, 2007 7:22 pm

sonofccon wrote:KANESTARKILLER-
Anyone not realising the Soviet Empire was an Evil empire is so far beyond the bend I'm not wasting my time on. So to avoid a lot of unpleasentness I'll just say I conceed on every point. You win, happy? so please go back to your world where America is EVIL! and the Soviets were peace loving do gooders. I just hope your happy living in that world.
You keep repeating your "USSR is evil" mantra without providing a shred of evidence. Then you strawman my argument from "USSR was not utterly evil" to "USSR are peace loving do gooders". For your information I believe that US certainly has better internal organization (democracy and capitalism) but lack of those hardly makes an entire country EVIL. As for external actions US certainly had just as many "interventions" around the world as USSR so really you have no reason to play wounded innocent here.

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Post by Cpl Kendall » Thu Aug 23, 2007 7:49 pm

sonofccn wrote:If you can't beat them on your own somewhere down the line Hitler is going to win,understand? And the soviets winninig,without the aid the US shiped them is by no means assured and would still be the same mess. As to the 1980 stuf that was all part of Hitler's plan and thoughts on how wwII would turn out.
This is such a jumble that your going to have to restate it.
Even better let them rot as savages huh? Instead of defeating them and rebuilding thier society into a productivy peaceful we should have simply wasted time and money by putting a flotilla around thier island. So again suffering and death are okay as long as you give the appearne caring.
The idea is to force them to negotiate, something the US never considered.
At best half the world. The other half wouldn't even care. Added to this the half that cares seems bent on criticising itself every little flaw and exacting maximum punishment do "right" thier wrongs then stopping the guys doing the real trouble and no that is not the US.
When you promote yourself as the bastion of "freedom" and "Western values" you should do the best you can to uphold those beliefs, not half ass it like Homer Simpson.
Oh I'm aware of them, but mental is muchmore subjective. Being forced to watch while your family members are raped and killed I think falls under it, but do we now have to consider every discomfort toture?
I think you'll find if you talk to any qualified pyschologist or pscyiatrist that they'll say that mental anguish is just as crippiling as pysicial anguish.
As I said it was shameful behavior, but even if mental torture it pales in comparsion to what those guys,who your defending did, and what many counties are doing right now. So please get this worked up over China, Iran, cuba etc.
I do but the topic of discussion is the abuses by the US so I'll thank you to stop throwing out red herrings.

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Post by Cpl Kendall » Thu Aug 23, 2007 8:35 pm

2046 wrote:Out of respect for Jedi Master Spock, this must be my last post in the thread. There is simply no way that a person such as myself can possibly be polite to Holocaust-deniers and their intellectual brethren that are active in this thread.
Ahh Darkstar. I've just reread this entire thread and no one has even mentioned the Holocaust. You sir are a liar. The cause of the burr up your butt...unknown.

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Post by 2046 » Sat Aug 25, 2007 9:56 pm

Thank you, gentlemen, for demonstrating the point that declared withdrawal causes pile-ons, even partial departure. SonofCCN was still here, but when I left the field Wilga's reply was to expand his claims into many areas. Kane, previously inactive in the thread save for one reply to SonofCCN, also jumped in and replied to my departure post with much invective. And Kendall attempted to misrepresent my statements and declare me a liar in absentia.

And you guys really think Iraq will go peaceful if we'd just leave? You just proved the opposite yourselves!

I'd love to be able to claim that this demonstration was a plan on my part, but I'd be lying. The fact is, with the falsehoods that have appeared after my departure, and (with respect to JMS) with some cooling-off time, it is time to challenge the falsehoods.

1. Kendall:

I don't take well to claims that I'm being dishonest. This is especially true when it's based on an example, because invariably such attempts only reflect the author's own misrepresentation, misunderstanding, or out-and-out attempt at deception of the audience.

In your case, you went to all the trouble to search for the term "Holocaust", and . . . not finding it, of course . . . concluded that I was lying.

Instead, you should've stopped and realized that maybe you misunderstood. Of course you wouldn't stop to do this since your goal in the effort was to attempt to discredit me, but that's not the point. The statement I made was that one cannot be polite to Holocaust deniers and their intellectual brethren that are active in this thread.

Praytell, are Holocaust deniers in this thread? I haven't seen them . . . I would certainly have made one helluva fuss about the person if I had. And you confirm that they are not present (or at least are silent about it). One might've even thought that I knew no one had denied the Holocaust in this thread, and that I perhaps even expected others to be familiar enough with the arguments in this thread to know that no one had denied it here.

That would be the correct thought.

Most people, then, would look at the rest of the statement, in which I refer to the "intellectual brethren" of Holocaust deniers "active in this thread". One might even dare to conclude that my primary intent was to compare the rationale of certain people in this thread to Holocaust denial.

Should one so dare, they would be correct. Certain people in this thread have been making statements in favor of 9/11 conspiracy theories, despite all the knowledge of the world that such theories are the lunatic ravings of madmen and the self-serving arguments of the deluded.

I consider such drivel to be the intellectual equivalent of Holocaust denial . . . delusion of oneself and the attempt to delude others.

Arguments could be made that such things are somewhat forgivable . . . in the modern era of distant news of sometimes-variable reliability, there is undoubtedly a healthy level of skepticism. But there is also an unhealthy, inherently intellectually-dishonest level, and that is where 9/11 conspiracists and Holocaust deniers are firmly entrenched.

(And incidentally, such absurdities aren't even a left/right issue . . . extremists on both sides reach the same misinformed and dishonest conclusions, for different reasons.)

2. Kane:

Your disagreement with my statements does not make them lies or me a liar. While some wish to debate the matter, many recognize that UN resolutions supported invasion of Iraq. The Attorney General of the UK thought so, we thought so, and many others did too.

The rest of your post is largely drivel, for which I see no need to waste my time.

3. Wilga:

While much of your posting is equivalent to Kane's, it is at least somewhat better-defended, and hence more worthy of attention. Ergo:

A. Regarding US funding of the UN, you suggest that we're not paying our share and that this contributes to a negative view of the US. However, the United States pays in on the order of 22% of the UN budget, down from earlier years, but still more than any other single country.

Much of this is recouped with UN contracts going to US firms, but those were our tax dollars to begin with so that's a net loss. Meanwhile, countries like Russia pay in only 1.1 percent but get around 10 percent of contracts, per this lefty site.

Of course your statement also ignores that our individual contributions to other countries (not directly through the UN) account for somewhere in the range of $15 billion (the oft-quoted figure) to $20 billion (the OECD figure) . . . about ten times what we pay to the UN.

And, of course, private (non-governmental) donations account for some $34 billion or so.

Yeah, we're such heartless bastards, giving more in aid than the GDP of most countries.

Could we do more? Probably. Would that help? That's questionable. Between UN mismanagement and corruption, plus the whole "give a fish/teach to fish" issue, arguments could be made both ways. I certainly don't see the logic in suggesting that we give up US security in favor of foreign aid to assorted countries, many of which aren't friendly to us despite already receiving massive aid from us.

B.
I have studied jurisprudence and have specialised in international law and human rights. I have studied these subject - beside the regular stuff - three years. I was examined in a juristic state examination. That's the most difficult and therfore highest ranking kind of examination in Germany.

I know from what I speak.
I will accept that you are educated in legalese. However, if true, this has left you fixated on the letter of the law, ignoring both the spirit and the application, and you have a very particular understanding of the aforementioned letters.

For instance, let's ponder Afghanistan.

As noted, Levitte from France reported that UN Res 1368 authorized American use of force on Afghanistan and the Taliban per the conclusion of the European Council, meaning that, basically, all the important Europeans disagree with you. This is even more forcefully demonstrated by the fact that most European nations with a military (and some without much of one) directly supported the endeavour.

Ergo, yours is a minority opinion. I mean, really . . . are they all war-criminal states?

Yes, Kofi Annan didn't like the idea. But he's not the UN.

The mental block you're encountering in your semantically inept legalese analysis is that, in UN-Resolution-speak, "all means necessary" and words to that effect have, in relevant situations, referred to the use of force. Take, for instance, UN Resolution 83, which brought UN forces into Korea:

"{...}Recommends that the Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the area."

Note that at no point is there mention of war or force in regards to what the UN members are supposed to do.

Similarly, you make the following claim in reference to 1368 et al.:
There is no authorisation to wage a war. {...} To attack Afghanistan was a violation of international laws.
However, 1368 . . . quoting your own quotation of it . . . says the following:
{...}Determined to combat by all means threats to international peace and security caused by terrorist acts,

Recognizing the inherent right of individual or collective self-defence in accordance with the Charter,

{...}Expresses its readiness to take all necessary steps to respond to the terrorist attacks of 11 September 2001, and to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations;{...}
Hell, man, 1368 even uses the word "combat"! 83 didn't even do that when that was the intent.

And again, many of the nations making up the international law you claim was violated participated and assisted in Afghanistan and the destruction of the Taliban.

Therefore, I submit that your gobbledy-gook misrepresentations of the UN and international law are nullified.

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Post by Cpl Kendall » Sat Aug 25, 2007 10:36 pm

Darkstar, as usual your so full of $hit that your eyes are brown and your attempting to spin your way out of it.

There aren't even any 9/11 conspiracy theories of note in this thread for you to draw comparison's between and only your own very active imagination is allowing you to come up with any.

By the way I love your faux honour, as a neo-con we all know you have none. As they will say and do literally anything to bring about their fantasies. I don't particularly care if you don't like being called a liar either, you are what you are. Suck it up buttercup, as we say in the military.

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Post by Who is like God arbour » Sat Aug 25, 2007 10:43 pm

2046 wrote:And you guys really think Iraq will go peaceful if we'd just leave? You just proved the opposite yourselves!
It's long past midnight here and I intend to go to bed.

But I have to say one thing first:
    • I have never said that Iraq will go peacefull if the U.S. troops would leave it at once.

      Not after they have created such an chaos.

      I have said that the U.S. shouldn't have attacked it in the first place and that that was illegal.

      And I have said that it was foreseeable that they would create such an chaos that they wouldn't be able to manage it. In fact, every middle east expert I know has predicted exactly that.



      The question now is - but that was not topic of this thread - what should be done in Iraq. But - to be honest - I have no answer to this question.

      It would be irresponsible of the U.S. to withdraw their troops after they have created that chaos. It's now their responsibilty to deal with it.

      On the other hand, if they aren't able to achieve real advancements in their nation-building and rebuilding and if they aren't able to provide security so that their presence has no real advantage and is only provoking more terror attacks - then they should leave the Iraq.

      The consecutive question to answer the first question would be, if the advantages of the presence of the U.S. troops outweigh the disadvantages.

      And I have not enough informations to answer the second question and therefore are unable to answer the first question.

      What I know - besides that I know that my informations are incomplete - is that the U.S. could make more efforts to rebuild the Iraq.

      And rebuilding the Iraq means not only the oil conveying systems or things which are important mainly for the U.S.

      And it means that not U.S. companies should get one third of the subsidies for the rebuilding of the Iraq.

      And it means that the U.S. have to spend more money in the rebuilding of the Iraq than in their military operations.

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Post by Who is like God arbour » Sun Aug 26, 2007 12:39 am

I will accept that you are educated in legalese. However, if true, this has left you fixated on the letter of the law, ignoring both the spirit and the application, and you have a very particular understanding of the aforementioned letters.
Have you read that thread at all?

I have quoted Art. 51 UN Charta:
        • Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
That article speaks of self-defence but doesn't explain it. That's why I have given an explanation:
        • Force may be used in self-defence if there is an actual or imminent threat of an armed attack; the use of force must be necessary, ie the only means of averting an attack; and the force used must be a proportionate response. It is now widely accepted that an imminent armed attack will justify the use of force if the other conditions are met.

          The concept of what is imminent may depend on the circumstances. Different considerations may apply, for example, where the risk is of attack from terrorists sponsored or harboured by a particular State, or where there is a threat of an attack by nuclear weapons.

          However there must be some degree of imminence.

          The USA has been arguing for recognition of a broad doctrine of a right to use force to pre-empt danger in the future. That means more than a right to respond proportionately to an imminent attack.

          But that is not a doctrine which exists or is recognised in international law.
To define a term, you have to understand the spirit and application of it. It goes far over an fixation on the letter of the law.

And I have given a legal opinion, which very in-depth look into the spirit and application of the term self-defence. That supports my own opinion and statements.

And yes, I'm fixated - but only on the spirit and application of the term self-defence.

I don't think that the U.S. has the right to unilateral redefine self-defense by simply reinterpreting and expanding the acceptable time horizon for a perceived possible threat because the Bush Doctrine could apply to any alleged threat years in the future.

And that legal opinion, I have posted, says too, that the Afghanistan war was illegal.

But there are also other legal opinions, which are saying the same:
        • ISLAMIC TERRORISM AND AMERICAN WAR OF SELF-DEFENCE UNDER UN CHARTER

          M.V. Naidu
          Professor & Chair, Department of Political Science
          Brandon University
          Brandon, Manitoba, Canada R7A 6A9

          In response to the terrorist attacks of September 11, 2001 the U.S. formally informed the UN Security Council that it was undertaking, under Article 51 of the UN Charter, measures of national self-defence against terrorism. Without authorizing the U.S. operations, the Council affirmed that states have the inherent right of national self-defence. The U.S. has unilaterally announced that it will punish all those countries that are harbouring or assisting terrorists and their organizations.

          The main elements of self-defence acknowledged in Article 51 are the following: (1) an armed attack, (2) occurrence of an attack, (3) self-defence lasts until the Security Council acts; (4) self-defence measures should not affect UN action; (5) unilateral/collective self-defence.

          1. What is armed attack? In the context of Article 51, which deals with inter-state conflict, "armed attack" implies the employment of heavy armaments and large number of soldiers, leading to considerable number of deaths and vast destruction of properties. Such an attack can't mean a brush fire, or a skirmish. Nor can an armed attack be equated with propaganda attacks on ideology, policy, national interest, or with demonization of the leadership of a state. With reference to Article 51, the armed attack comes from outside the territory; the article does not deal with a domestic rebellion or a civil war, unless a foreign country instigates, aids or abets or joins the civil war.

          What if the armed attack is staged by a foreign non-governmental organization, with offices, or financial resources, or hiding places in one or more countries, with or without the active assistance of those states? Should all these countries be labelled aggressors? Article 51 does not deal with armed attacks of an international organization, or terrorist attacks of a global movement, because the drafters of the UN Charter in 1945 were thinking of German aggression on European states during World War II. Today there are many countries suffering terrorist attacks inspired or organized by external forces. Such countries include Algeria, Britain, Cambodia, Egypt, France, India, Israel, Kenya, Macedonia, Palestine, Philippines, Russia, Sudan, Thailand, Turkey and Yemen. If such victims of external terrorism were to respond with wars of national self-defence, there would be dozens of wars in the world.

          A basic question is-were the terrorist attacks on the U.S. on 11 September "armed attacks" in the light of Article 51 of the UN Charter? Do 19 knives and cardboard cutters be considered heavy weaponry? Can the crashing of four hijacked commercial planes be equated with an attack of bombers? Do 19 terrorists constitute an army of invaders? In the context of Article 51, the answers to all these questions can only be "no." However, the tragic facts remain-nearly 3,000 innocent civilians have been killed, properties worth billions of dollars have been destroyed and 300 million Americans now live in pain, terror and insecurity. The terrorist attacks were undoubtedly crimes against humanity; the perpetrators should be brought to justice at some international forum under the UN auspices.

          2. "Occurrence" of the attack: While acknowledging the right of national self-defence, Article 51 places a number of restrictions on that right so that the right is not misused on any pretext. The interpretation of Article 51 therefore demands a strict construction of its provisions.

          One serious limitation in the article is the prescription that the right of national self-defence can be exercised only after the "armed attack occurs," not when anticipated or feared; i.e., the right is post-facto.

          If terrorism is construed as an armed attack, then such an attack did occur on 11 September 2001.

          But who should be authorized to determine the occurrence of the armed attack? Should it be determined unilaterally by the victim state, or multilaterally by the UN? Could the victim state be mistaken or dishonest in making the determination? We know now that the U.S. President Lyndon Johnson, while seeking the authorization of the U.S. Congress to attack North Vietnam, falsely accused Hanoi of attacking the American navy in the Gulf of Tonkin.

          The UN secretary-general (under Article 99) makes a determination when he brings any crisis to the attention of the Security Council. So can any UN member (Article 35). Under Article 39 the Council itself can take recognizance of "an act of aggression" and can initiate necessary remedial action.

          Who is guilty of the terrorist attacks on 11 September?

          If the terrorist attacks of 11 September are equivalent to armed attacks, who then is guilty-Afghanistan, the Taliban government, or al-Qaeda?

          Neither the U.S. nor the UN has accused Afghanistan (a UN member state) or its legitimate but ineffective Rabbani government. The U.S. has not formally accused the illegitimate but affective Taliban government of armed attack on the United States. The American accusation against the Taliban regime is that it has been harbouring, helping and protecting al-Qaeda and it has been refusing to hand over Osama bin Laden to the U.S. Harbouring terrorists can be criminal, but it can't be viewed as an armed attack under Article 51.

          Without providing formal and open evidence, the U.S. has indeed charged al-Qaeda of launching terrorist attacks on the U.S. But al-Qaeda is neither a state, nor a government, nor a movement recognized by the UN. While attempting to force the Taliban to surrender bin Laden and his colleagues, the U.S. has launched aerial bombardment of Afghanistan. Consequently the cities and the people of Afghanistan have been suffering, for no fault of theirs, the American bombardment. The UN Security Council has neither authorized nor criticized American operations.

          3. Duration of Self-defence measures: Article 51 allows the victim state military self-defence only "until the Security Council has taken necessary measures" to resolve the conflict. But what if the Council cannot act at all due to a veto exercised by one of the five permanent members (U.S., U.K., France, Russia and China)? When paralyzed by a veto, the Council can transfer the issue, under the Uniting for Peace Resolution, to the General Assembly. Though the Assembly can only make non-binding recommendations on security matters, these recommendations carry heavy weight and receive considerable support.

          4. Self-defence should not affect UN action: A very serious restriction imposed on self-defence is that it "shall not in any way" affect the action of the Security Council. This provision is mandatory, not optional. Besides, the Council should be able to take any action "it deems necessary" for world peace and security. In the opinion of Julius Stone, collective self-defence "has reoccupied a field of the Security Council as a collective peace-enforcing agency." If self-defence measures were to involve use of nuclear weapons, weapons of mass destruction or powerful missiles or blitzkrieg bombings, the measures will surely cause irreparable damage and unreasonable deaths. Such self-defence operations would drastically affect the role of the UN.

          American bombardment of Afghanistan, already impoverished and destroyed by Soviet aggression and by civil wars of more than 20 years would undoubtedly raise the country to the ground causing permanent damage to life, economy and polity. So far the UN has not taken the "necessary" action; nor has it prevented the bombardment; we have yet to see if the UN would be able to repair the damage!

          5. Unilateral/Collective Self-defence: National self-defence has been a basic right under traditional international law. But the concept of collective self-defence introduced in Article 51 is, according to Hans Morganthau, "a newcomer to legal terminology and might even be considered a contradiction in terms." This provision of collective self-defence is a legacy of the coalitional activities of Allied Powers during World War II. Nazi Germany had simultaneously attacked many countries of Europe that were forced to form an anti-German alliance to work for collective self-defence. Strictly speaking, collective self-defence can't be claimed by states that have not been actually attacked, though they may feel sympathy or friendship for the victim state.

          On 11 September 2001 al-Qaeda attacked the United States only. But Britain and other countries felt deep sympathy for the Americans. Besides, they also felt they might be the next targets of terrorism. Strictly speaking, they did not have the legal right to claim collective security. The U.S. organized an anti-terrorism coalition. The UN Security Council was informed on the measures of collective self-defence being taken against terrorism. The Council simply affirmed the right of self-defence.

          NATO backed the American "war" on terrorism by invoking for the first time, Article 5 of the NATO Treaty according to which an attack on one member will be construed as an attack on all members of NATO.

          Should the UN be bound by NATO constitution or its military operations in the name of collective self-defence? No! NATO is not a legal unit of the UN system. I have argued elsewhere that the creation, the philosophy and the activities of NATO are opposed to those of the United Nations. The UN prohibits military actions other than those authorized or initiated by the UN under Chapter VII of the UN Charter, except those launched in self-defence under Article 51. The danger of collective military operations outside the framework of the UN is that they can be misused to rationalize racism, religionism, jingoism or imperialism. The UN is not committed to such ideologies or interests.

          More importantly, UN has never formally recognized a military alliance, like the NATO, as an instrument of collective self-defence. On the other hand, NATO completely ignored the UN over its military operations in Kosovo. The U.S. is on record that it will never allow the UN to undermine its sovereignty; nor will it allow American military forces to operate under a UN command. For the first time in the last 50 years, NATO collaborated with the UN peacekeeping operations in Bosnia in 1998, but the coordination of NATO bombing with the UN policies collapsed when NATO refused to take instructions from the UN officials. In any case the NATOization of the UN is undesirable for many reasons.

          Is NATO a Regional Arrangement under the UN?

          NATO has often rationalized its existence not only as an anti-communist military alliance for collective self-defence, but also as a Regional Arrangement (RA) for implementing collective measures of the UN. These claims are contradictory. Until 1998, the only RAs the UN recognized and used have been three non-military political organizations-the Organization of American States, the Organization of African Unity and the Arab League.

          NATO does not fulfil the requirements of an RA as provided in Chapter VIII of the UN Charter:

          RAs should be appropriate for regional action (Art. 52). According to its very name and constitution, North Atlantic Treaty Organization is not relevant to the region of South Asia.
          The creation and activities of RAs should be consistent with the "Purposes and Principles" of the UN (Articles 1 and 2).
          The main purposes of the UN according to Article 1 are-developing friendly relations among nations; seeking peaceful settlement of disputes; building cooperation in solving economic, social, cultural and humanitarian problems, etc. According to Article 2, the main principles of the UN are-sovereign equality of all states; avoidance of the threat or use of force; non-intervention in the domestic jurisdiction of any state, etc. A product of the Cold War, NATO was created as an anti-communist military alliance. The UN has no commitment to any predetermined enemies and ideologies.

          NATO is not an economic or cultural organization. NATO was created to threaten (communist) opponents with dire consequences of military action, not with the promise of pacific settlement of disputes. Military operations are always aimed at undermining territorial integrity and political independence of the target state. In their military operations over Kosovo, NATO members had clearly disregarded Yugoslavia's sovereignty, as the U.S. coalition is now doing in Afghanistan. The U.S. coalition is not seeking peaceful settlement through bombardment.

          Security Council could "utilize" RAs for "enforcement action under its authority" (Article 53:1). The Council is not engaged in an enforcement action in Afghanistan; nor has the Council authorized the U.S. to carry out its military operations in Afghanistan.
          RAs should "at all times" keep the Security Council" fully informed of activities undertaken or in contemplation." (Article 54). If the U.S. coalition is operating in Afghanistan like an RA, then the coalition is not fulfilling the obligations under Art. 54.
          It is constitutionally and functionally correct to contend that NATO is not a Regional Arrangement under the UN Charter; nor is the U.S. coalition that is conducting military operations in Afghanistan.

          Conclusions

          Against the terrorist attacks of 11 September 2001, the U.S.A. has claimed the "inherent right of self-defence" under Article 51 of the UN Charter. This claim is highly questionable in law.

          Article 51 implies an inter-state armed conflict. But neither the Taliban regime nor the state of Afghanistan has been formally charged of an armed attack on U.S. territory. For obvious reasons, terrorist attack by a non-governmental international organization (like al-Qaeda) cannot be the subject matter of Article 51.

          Even assuming that the al-Qaeda attacks constituted, under Article 51, an armed attack, the NATO allies can't claim the right of collective self-defence under the UN system, because they were not attacked simultaneously.

          NATO's invocation of Article 5 of the NATO Treaty is irrelevant to the role of the UN, because NATO is outside the framework of the UN.

          The Taliban regime is guilty of crimes against humanity. But the American bombing of Afghanistan to punish the Taliban regime for harbouring al-Qaeda, can't be legitimized as self-defence under Article 51.

          However, the horrendous results of the terrorist attacks of 11 September were international crimes against humanity, because not only were many Americans killed, but also because citizens of more than 80 countries perished.

          For their crimes against humanity, the leaders of the Taliban and al-Qaeda should be put on trial and punished under the UN auspices.

          [For detailed analyses see Peace Research 33, no. 1, November 2001.]

          --------------------------------------------------------------------------------
            • Copyright, M.V. Naidu, M.A., Ph.D., LL.B., LL.M., Chairman & Professor, Department of Political Science, Brandon University, Brandon, MB R7A 6A9, Canada (November 2001). All rights reserved. Permission is granted to post this text on non-commercial community Internet sites, provided the source and the URL are indicated, the essay remains intact and the copyright note is displayed. To publish this text in printed and/or other forms, including commercial Internet sites and excerpts, contact the author at <naidu AT brandonu.ca> or fax 1-204-728-4492.
You may note, that these legal opinion too is looking very in-depth into the spirit and application of the term self-defence. And it comes to the same conclusions.

Or do you think that that canadian Professor - as well as Kirsten Schmalenbach, Professoar and Chair for International Law and Law of the European Union, head of the Institut for International Law and International Affairs in Graz, Austria - is also only fixated on the letter of the law and is ignoring both the spirit and the application?





And it is irrelevant what politicans have said then. The 9/11 was a huge tragedy with horrendous results. The broad international approval of the war in Afghanistan reflects only that - but has no bearing for the illegality of the Afghanistan war under Article 51 UN Charter.





And I don't understand why you are even trying to argue that the UN has authorized the attack. That's obviously not the case. But that too was already adressed in the legal opinion, I have quoted.

The U.S. decided against taking up the offer of the UN Security Council to permit the use of force on the basis of Chapter VII of the UN Charter, opting instead for its right to self-defence. And that with a good reason: a UN Security Council mandate would have limited the US's freedom of action.

The UN Security Council would have indeed permited the use of force, but not to attack Afghanistan or the Taliban. It would have - at most - permited attacks on terror camps in Afghanistand and similar meassures - after the U.S. has proven their responsibilty.





And neither the resolution 1368 nor the resolution 1373 are already authorizing the U.S. to any wars.

Resolution 1368 says only:
        • "The Security Council (...) expresses its readiness to take all necessary steps to respond to the terrorist attacks of 11 September 2001, and to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations."
In this resolution as well as in resolution 1373 neither the al-Qaeda nor the Taliban nor Afghanistan are mentioned.

If one would indeed understand these resolutions as an authorization, they would be a cart blanche to attack each and every nation. It would be also an authorization to attack U.K., Germany and other western nations, in which terrorists are hiding.

The resolutions don't contain any rules that the Security Council has to decide, which nation can be attacked and which nation not. It would be allone in the competence of the U.S. to decide, with which nation it is in war as part of it's war against terror.

It's obviously that that can't be have meant.





And one can combat all possible kind of things. That doesn't mean that force has to be used. And it doesn't mean that force can be used against innocents.

Allone the wording in the first sentence, you are quoting, is peculiar:
    • Determined to combat by all means threats to international peace and security caused by terrorist acts ...
How does one combat the threats [...] caused by terrorist acts? One can combat the threats caused by terrorists but not by the already executed terrorist acts. How does one combat the threats of the terrorist attacks from 9/11? The attack is already executed. If at all, the reaction of the victim - the U.S. - after this attack could be - and as we know now: is - a threat to international peace and security.

And the wording of the second sentence ...
    • Expresses its readiness to take all necessary steps to respond to the terrorist attacks of 11 September 2001, and to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations
... is expressing only the readiness of the U.N. to combat all forms of terrorism. It isn't authorizing or appointing the U.S. to combat all forms of terrorism. It is only saying that itself, the Security Council, is ready to combat all forms of terrorism. And it still isn't explaining with what for measures. And it says that it will does so only in accordance with its responsibilities under the Charter of the United Nations.

There is nothing which could be interpreted as an authorization for the war against Afghanistan, the Tailban or the al-Qaeda.




And you should differentiate between the International Security Assistance Force, which indeed has an U.N. mandat which was necessary after the U.S. has created a chaos in Afghanistan, the not U.N. mandated Operation Enduring Freedom and the illegal attack on Afghanistan, which was only a part of Operation Enduring Freedom. The from you provided link does not do that. The 2,560 personnel, Germany has had 2002 in Afghanistan, were mostly part of the International Security Assistance Force.

And the illegal war of agression against Afghanistan doesn't makes each other operation of Enduring Freedom illegal. The three Frigates, one Fast Patrol Boat Group (five units) and four supply ships from Germany operating out of Djibouti, in the Gulf of Aden have nothing to do with the attacks on Afghanistan. The legality of that operation has to be judged apart from other operations.

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Post by Who is like God arbour » Sun Aug 26, 2007 1:57 am

2046 wrote:Regarding US funding of the UN, you suggest that we're not paying our share and that this contributes to a negative view of the US.
That's not what I have said - although it is correct. That the U.S. doesn't even pay it own dues to the U.N. contributes indeed to a negative view of the U.S.

That the U.S. has to pay more than any other country is irrelevant - especially if it doesn't pay it.

The U.S. is the most wealthy nation from the U.N. members. Insofar it is only natural that it has to pay more than nations which whole budget is not even so high as the U.S. dues.

And I don't claim that the U.N. doesn't needs some serious reforms. But the U.N. has only a $20 billion budget. Many cutbacks aren't possible and many other nations aren't able to pay more.

But the main reason, why many nations and people have an increasing bad opinion of the U.S. is not the money.

It's reason, as was commented by Steven Kull, Director of PIPA, are the wars the U.S. is waging and the crimes its doing.

To give more money allone would have no effect. The whole foreign policy of the U.S. has to change.

And to give more money is only one part of it.

And to give more money wouldn't mean that the U.S. would give up security. The wars haven't created any security. And my example has shown that only the increasings of the last years in the military budget would be enough. And the budget would still be five times as much as that of the world's second largest military spender.




Do you intentionally ignore my already given arguments?

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Post by 2046 » Sun Aug 26, 2007 6:41 am

Cpl Kendall wrote:Darkstar, as usual your so full of $hit that your eyes are brown and your attempting to spin your way out of it.
Spin? Hardly. As TheDarkling so famously put it, "Am I the only one here who speaks Darkstarese?" or words to that effect. You, like Wilga, misunderstood simple English and are attempting to make a false claim based off of it. You've fantasized about dishonesty on my part and you've been corrected. Deal with it.

Even worse:
There aren't even any 9/11 conspiracy theories of note in this thread
Did I not see someone claim the hijackers were alive? Did I not see the suggestions that Osama bin Laden was not, in fact, responsible for 9/11?

Oh, but I did. So did you, O He Who Claims Lies of Others. Ergo, we have conspiracy theories being floated. Ergo, we have the intellectual brethren of Holocaust deniers in play.
as a neo-con we all know you have none
I'm neither a neo-con nor a liar, and your fantasies to the contrary are irrelevant.

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Post by 2046 » Sun Aug 26, 2007 7:10 am

Who is like God arbour wrote:It would be irresponsible of the U.S. to withdraw their troops after they have created that chaos. It's now their responsibilty to deal with it.
That is the wish of many in this country. However, those who want us to pull out of Iraq (i.e. the American left) do not concur.

Our left fancies itself the party with heart, and indeed they're often able to present their arguments in such a way as to pull the heartstrings. However, a deeper analysis reveals the true intent. They are willing, at this very moment, to cut off funding for our Iraq adventure (or misadventure if you prefer), thereby requiring troop withdrawal.

They are aware that the security situation will thus deteriorate. They are aware that this will result in death and more death. But they don't care.

Some will couch their statements in concern for US soldiers overriding concern for Iraqi citizens (though this is not explicitly stated), which is one element of it I'm sure.

But others will more honestly note that defeat of the assorted insurgents . . . Al Qaeda in Iraq, and the Sunnis and Shia that AQI set against one another . . . is simply something that would be bad for the American left ("a real big problem for us", in their own words). After all, the leftists have tied their political narrative to Iraq being a quagmire and a new Vietnam, and thus it is precisely that which they must have.

I submit that the only answer to this confusion is that the American left seeks to embarrass the American right, embodied at present by Bush, but clearly not limited to him. I further submit that they're willing to accept a bloodbath in Iraq to achieve it.

You speak of war crimes? There's one in the making.
the U.S. could make more efforts to rebuild the Iraq.
We're doing a very great deal. Not only infrastructure, but even such minor things as soccer fields. However, the first objective must and can only be security. It is from security that everything else can spread.

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Post by Who is like God arbour » Sun Aug 26, 2007 8:24 am

2046 wrote:
Who is like God arbour wrote:It would be irresponsible of the U.S. to withdraw their troops after they have created that chaos. It's now their responsibilty to deal with it.
That is the wish of many in this country. However, those who want us to pull out of Iraq (i.e. the American left) do not concur.

[...]

You speak of war crimes? There's one in the making.
As I have said: I have not enugh informations to have an opinion to that. And I don't care what U.S. parties are saying as long as the acting U.S. government is doing the right thing.

What is the right thing depends on further analyses. The question is if the advantages of the presence of the U.S. troops outweigh the disadvantages. If yes, they should stay, regardless how many U.S. soldiers are killed. That is the risk they have choosen by attacking Iraq. But if they stay, they have to uphold "western values", law and justice. They have to behave as if they would be in a police operation and not in a military operation.


And the withdrawal of the U.S. troops would be maybe irresponsible but it wouldn't be a war crime. It would be a crime against humanity by ommission because after what they have done, they are responsible to prevent a bloodbath which would be possible only because what the U.S. has done.


2046 wrote:
Who is like God arbour wrote:the U.S. could make more efforts to rebuild the Iraq.
We're doing a very great deal. Not only infrastructure, but even such minor things as soccer fields. However, the first objective must and can only be security. It is from security that everything else can spread.

I do hope it. But I have noticed that the side you have linked too, doesn't contain some hard figures. How much money exactly is the U.S. spending in the rebuilding of the Iraq?

2046 wrote:However, the first objective must and can only be security. It is from security that everything else can spread.

Is correct.

But in the moment the Iraqi don't have security.

The U.S. has to revise its strategy. And if they doesn't find a strategy that works not only for the security of the U.S. troops but for the Iraqi too, they have to accept that their U.S. troops don't have security.

That U.S. soldiers will die should have been evident as they have started to invade the Iraq. I don't want to hear now complains about the U.S. losses. The Iraqi have more losses.

I demand from the U.S. soldiers that they do their duty in accordance to - the American as well as the Iraqi and international - law and justice. If that means that they have to risk their life and get killed because they aren't allowed to shoot at once at anything that moves [overstated], ces't la vie.

Maybe the U.S. governmant contemplate that the next time they are thinking about invading another nation.

And maybe - if the losses to the U.S. people is great enough - they are able to feel with the Iraqi people and prevent the next time their government from beginning such wars.

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Post by Trinoya » Sun Aug 26, 2007 8:45 am

After reading this thread and typing out a very long winded response (ranging from Hiroshima's bombs (which btw, I wasn't in support of dropping, but demonstrating... then if they still didn't surrender, dropping), to the conspiracy theories...

After reading it I found nothing useful to contribute within it except a single sentence.


"This entire thread simply proves how utterly useless and pointless the UN has become, and clearly indicates a need for a new and more progressive institution to be put in its place."

That said (now for a long winded part)...

I'm proud to be a citizen of the USA. As a Native American (Cherokee) some would think that to be odd... but frankly, I've been around the block a bit, and as a history major I've absorbed a good bit of knowledge on the world. Europe, sad as it is, is hardly an 'example' of peace (and I'm not talking about WW2), the middle east is hardly a bastion of good, and western civilization (that is to say, the USA) is not always about doing the right thing.

The sad fact of the matter is everyone in the world tries to get by, and frankly there are some shit heads out there who simply have to be taken out since they would love to interfere with some people getting by. Taking the current situation and applying a bit of 'learning from or repeating' logic, it is fairly safe to say that history will remember this as a period of turmoil and paranoia in the USA, where civil liberties were ignored, and where the world did in fact stand by and let it happen.

History will also remember that, considering the political climate of the world, the restrictions there of, and the lack of any (good) cohesive world governing body... that at the end of the day for all the bad that was caused by these actions, the good was, ultimately worth it.

Does this mean any bad act is justified? No... in fact the ends do in fact not justify the means. They didn't with Hiroshima, they didn't with Iraq, and they won't with whatever comes next...

But there are millions of US soldiers and Japanese citizens who didn't die in those coming months, there are free elections in Iraq, and frankly, there is a clear and present path of what the future may hold because of it.

In short, and in not so many convoluted, poorly written, and distracting words....

The needs of the many out weigh the needs of the few, or the one.

That is how history shall remember it, and I hope one day, regardless of personal views on the topic, that many other people will remember it in similar fashion as well. Whatever tragedy we have now, with luck maybe, just maybe, it will banish the need for them to ever be repeated.

That said, I merely wanted to contribute a thought here, I do not wish to debate it as I feel that, as I said before, my contributions would be severely limited. I offer but my opinion as a history major and an optimist, and to those who remain to debate here, I wish you good luck in that endeavor.

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Post by Praeothmin » Sun Aug 26, 2007 1:00 pm

2046 wrote:
Did I not see someone claim the hijackers were alive? Did I not see the suggestions that Osama bin Laden was not, in fact, responsible for 9/11?

Oh, but I did. So did you, O He Who Claims Lies of Others. Ergo, we have conspiracy theories being floated. Ergo, we have the intellectual brethren of Holocaust deniers in play.
That's pushing it a bit.
There's a hell of a difference between thinking there might be a conspiracy for 9/11 and denying the Holocaust.

Heck, the general consensus on Pearl Harbor was that Roosevelt knew about the incoming attack but did nothing, because he wanted the US to go to war.
From what I've read and seen, I believe it.
But I don't doubt for one second the Holocaust, again because of all I've read and seen.

So I'm somewhat of a conspiracy theorist, yet I'm nowhere near the intellectual brethren of the Holocaust deniers...

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