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Topic: The "Rules" of War
Dragoness's photo
Mon 03/31/08 06:55 PM

Ya know Dragon - you have referred to this as 'illegal war' more than once.
Now - aside from your usual mindless cut/paste drivel, which is where you picked up a catchy phrase 'illegal war' in which you haven't a clue.

Please - enlighten us - what **EXACTLY** makes it "illegal"

Note: - you must format your answer correctly - This means, you must state the jurisdictional court, the charge, and how the allegations meet the specifications of that charge.

Example - Under the State of Maryland Annotated Code, there is a charge of burglary. Specifications include being in another's home (breaking and entering) and it must happen at night. So - you cannot rightly get a conviction, let alone court time, if you charge burglary for someone doing a B&E a 2 p.m.

So - since you wish to pander about the 'illegal" war - please provide the above information. Please cite your references as well.


Oh and you who owes you anything? Who might you be? The almighty what? Your arrogance is mindboggling but I already did it over and over, if you missed it sorry. I will do it again soon don't worry but it will not be for you as I owe you nothing.

Maybe you could ask nicely next time.noway huh

Dragoness's photo
Mon 03/31/08 07:03 PM
Navy Judge Finds War Protest Reasonable
By Marjorie Cohn
t r u t h o u t | Report

Friday 13 May 2005

"I think that the government has successfully proved that any service member has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."
-- Lt. Cmdr. Robert Klant, presiding at Pablo Paredes' court-martial
In a stunning blow to the Bush administration, a Navy judge gave Petty Officer 3rd Class Pablo Paredes no jail time for refusing orders to board the amphibious assault ship Bonhomme Richard before it left San Diego with 3,000 sailors and Marines bound for the Persian Gulf on December 6th. Lt. Cmdr. Robert Klant found Pablo guilty of missing his ship's movement by design, but dismissed the charge of unauthorized absence. Although Pablo faced one year in the brig, the judge sentenced him to two months' restriction and three months of hard labor, and reduced his rank to seaman recruit.

"This is a huge victory," said Jeremy Warren, Pablo's lawyer. "A sailor can show up on a Navy base, refuse in good conscience to board a ship bound for Iraq, and receive no time in jail," Warren added. Although Pablo is delighted he will not to go jail, he still regrets that he was convicted of a crime. He told the judge at sentencing: "I am guilty of believing this war is illegal. I am guilty of believing war in all forms is immoral and useless, and I am guilty of believing that as a service member I have a duty to refuse to participate in this War because it is illegal."

Pablo maintained that transporting Marines to fight in an illegal war, and possibly to commit war crimes, would make him complicit in those crimes. He told the judge, "I believe as a member of the armed forces, beyond having a duty to my chain of command and my President, I have a higher duty to my conscience and to the supreme law of the land. Both of these higher duties dictate that I must not participate in any way, hands-on or indirect, in the current aggression that has been unleashed on Iraq."

Pablo said he formed his views about the illegality of the war by reading truthout.org, listening to Democracy Now!, and reading articles by Noam Chomsky, Chalmers Johnson, Naomi Klein, Stephen Zunes, and Marjorie Cohn, as well as Kofi Annan's statements that the war is illegal under the UN Charter, and material on the Nuremberg and Tokyo tribunals.

I testified during the sentencing hearing at Pablo's court-martial as a defense expert on the legality of the war in Iraq, and the commission of war crimes by US forces. My testimony corroborated the reasonableness of Pablo's beliefs. I told the judge that the war violates the United Nations Charter, which forbids the use of force, unless carried out in self-defense or with the approval of the Security Council, neither of which obtained before Bush invaded Iraq. I also said that torture and inhuman treatment, which have been documented in Iraqi prisons, constitute grave breaches of the Geneva Conventions, and are considered war crimes under the US War Crimes Statute. The United States has ratified both the UN Charter and the Geneva Conventions, making them part of the supreme law of the land under the Supremacy Clause of the Constitution.

I noted that the Uniform Code of Military Justice requires that all military personnel obey lawful orders. Article 92 of the UCMJ says, "A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States...." Both the Nuremberg Principles and the Army Field Manual create a duty to disobey unlawful orders. Article 509 of Field Manual 27-10, codifying another Nuremberg Principle, specifies that "following superior orders" is not a defense to the commission of war crimes, unless the accused "did not know and could not reasonably have been expected to know that the act ordered was unlawful."

I concluded that the Iraq war is illegal. US troops who participate in the war are put in a position to commit war crimes. By boarding that ship and delivering Marines to Iraq - to fight in an illegal war, and possibly to commit war crimes - Pablo would have been complicit in those crimes. Therefore, orders to board that ship were illegal, and Pablo had a duty to disobey them.

On cross-examination, Navy prosecutor Lt. Jonathan Freeman elicited testimony from me that the US wars in Yugoslavia and Afghanistan also violated the UN Charter, as neither was conducted in self-defense or with the blessing of the Security Council. Upon the conclusion of my testimony, the judge said, "I think that the government has successfully proved that any service member has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."

The Navy prosecutors asked the judge to sentence Pablo to nine months in the brig, forfeiture of pay and benefits, and a bad conduct discharge. Lt. Brandon Hale argued that Pablo's conduct was "egregious," that Pablo could have "slinked away with his privately-held beliefs quietly." The public nature of Pablo's protest made it more serious, according to the chief prosecuting officer.

But Pablo's lawyer urged the judge not to punish Pablo more harshly for exercising his right of free speech. Pablo refused to board the ship not, as many others, for selfish reasons, but rather as an act of conscience, Warren said.

"Pablo's victory is an incredible boon to the anti-war movement," according to Warren. Since December 6th, Pablo has had a strong support network. Camilo Mejia, a former Army infantryman who spent nine months in the brig at Fort Sill, Oklahoma, for refusing to return to Iraq after a military leave, was present throughout Pablo's court-martial. Tim Goodrich, co-founder of Iraq Veterans against the War, also attended the court-martial. "We have all been to Iraq, and we support anyone who stands in nonviolent opposition," he said. Fernando Suárez del Solar and Cindy Sheehan, both of whom lost sons in Iraq, came to defend Pablo.

The night before his sentencing, many spoke at a program in support of Pablo. Mejia thanked Pablo for bringing back the humanity and doubts about the war into people's hearts. Sheehan, whose son, K.C., died two weeks after he arrived in Iraq, said, "I was told my son was killed in the war on terror. He was killed by George Bush's war of terror on the world."

Aidan Delgado, who received conscientious objector status after spending nine months in Iraq, worked in the battalion headquarters at the Abu Ghraib prison. Confirming the Red Cross's conclusion that 70 to 90 percent of the prisoners were there by mistake, Delgado said that most were suspected only of petty theft, public drunkenness, forging documents and impersonating officials. "At Abu Ghraib, we shot prisoners for protesting their conditions; four were killed," Delgado maintained. He has photographs of troops "scooping their brains out."

Pablo's application for conscientious objector status is pending. He has one year of Navy service left. If his C.O. application is granted, he could be released. Or he could receive an administrative discharge. Worst case scenario, he could be sent back to Iraq. But it is unlikely the Navy will choose to go through this again.



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Marjorie Cohn is a professor at Thomas Jefferson School of Law, President-elect of the National Lawyers Guild, and the US representative to the executive committee of the American Association of Jurists. She writes a weekly column for t r u t h o u t.
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Dragoness's photo
Mon 03/31/08 07:09 PM
Iraq War was Illegal and Breached U.N. Charter, Says Annan
By Ewen MacAskill and Julian Borger
The Guardian U.K.

Thursday 16 September 2004

The United Nations secretary general, Kofi Annan, declared explicitly for the first time last night that the US-led war on Iraq was illegal.

Mr. Annan said that the invasion was not sanctioned by the UN security council or in accordance with the UN's founding charter. In an interview with the BBC World Service broadcast last night, he was asked outright if the war was illegal. He replied: "Yes, if you wish."

He then added unequivocally: "I have indicated it was not in conformity with the UN charter. From our point of view and from the charter point of view it was illegal."

Mr. Annan has until now kept a tactful silence and his intervention at this point undermines the argument pushed by Tony Blair that the war was legitimised by security council resolutions.

Mr. Annan also questioned whether it will be feasible on security grounds to go ahead with the first planned election in Iraq scheduled for January. "You cannot have credible elections if the security conditions continue as they are now," he said.

His remarks come amid a marked deterioration of the situation on the ground, an upsurge of violence that has claimed 200 lives in four days and raised questions over the ability of the interim Iraqi government and the US-led coalition to maintain control over the country.

They also come as Mr. Blair is trying to put the controversy over the war behind him in the run-up to the conference season, a new parliamentary term and next year's probable general election.

The UN chief had warned the US and its allies a week before the invasion in March 2003 that military action would violate the UN charter. But he has hitherto refrained from using the damning word "illegal".

Both Mr. Blair and the foreign secretary, Jack Straw, claim that Saddam Hussein was in breach of security council resolution 1441 passed late in 2002, and of previous resolutions calling on him to give up weapons of mass destruction. France and other countries claimed these were insufficient.

No immediate comment was available from the White House late last night, but American officials have defended the war as an act of self-defence, allowed under the UN charter, in view of Saddam Hussein's supposed plans to build weapons of mass destruction.

However, last September, Mr. Annan issued a stern critique of the notion of pre-emptive self-defence, saying it would lead to a breakdown in international order. Mr. Annan last night said that there should have been a second UN resolution specifically authorising war against Iraq. Mr. Blair and Mr. Straw tried to secure this second resolution early in 2003 in the run-up to the war but were unable to convince a sceptical security council.

Mr. Annan said the security council had warned Iraq in resolution 1441 there would be "consequences" if it did not comply with its demands. But he said it should have been up to the council to determine what those consequences were.




Dragoness's photo
Mon 03/31/08 07:14 PM
Was The Iraq War Legal, Or Illegal, Under International Law?

"Advantage is a better soldier than rashness." -Montjoy in Wm. Shakespeare's Henry V, 3.6.120

Evan Augustine Peterson III, J.D.

09/17/04 "ICH" -- During a BBC radio interview on Wednesday, UN Secretary General Kofi Annan created a controversy by reiterating his long-held position that the Iraq War was illegal because it breached the United Nations Charter. [1] On Thursday, the imperial leaders of the "Coalition of the Willing" retaliated by vehemently arguing that their Iraq War was, to the contrary, legal. [2]

Obviously, this dispute raises a legal question: "Whose opinion is correct, and whose is incorrect?" Additionally, we should be asking ourselves: "Who decides? (i.e., 'Whose jurisprudential opinion shall be dispositive for purposes of resolving this dispute?')"

It seems eminently reasonable -- even for the disputants -- to conclude that the optimal source of guidance on this question of international law would have to be the world's foremost experts in the field of international law. Hence, the UN's chief and the coalition's leaders need to know how the world's top international law experts would resolve their jurisprudential dispute. And we, the people, need to know who's right and who's wrong here.

Realistically, one cannot seriously expect the disputants -- much less their national electorates -- to wade through numerous legal documents, most of which contain rigorous and not-occasionally tedious reasoning, to find the correct answer. Thus, it seems prudent to proceed directly to the world's most authoritative answer to our pressing question du jour: "Was the Iraq War legal, or illegal, under international law?"

And The World's Most Authoritative Answer Is ... Among the world's foremost experts in the field of international law, the overwhelming jurisprudential consensus is that the Anglo-American invasion, conquest, and occupation of Iraq constitute three phases of one illegal war of aggression. [3]

Moreover, these experts in the international law of war deem both preventive wars and preemptive strikes to be euphemistic subcategories of outlawed wars of aggression.

And the experts' answer would hold true regardless of whether their governing legal authority was: (A) the UN Security Council Resolutions that were passed to implement the conflict-resolution provisions of the UN Charter; or (B) prior treaties and juridical holdings which have long since become general international law. [4]

Readers who need to "trust but verify" (i.e., to corroborate) for themselves that the experts' overwhelming opinion is exactly as stated above should read a document entitled "15 January 2003." (Find it by scrolling down approximately one-fourth of the way, after you've clicked onto this ES website: http://www.eurolegal.org/useur/bbiraqwar.htm "The Legality Of The Iraq War" .) Why?

That document was drafted and signed by the world's foremost international law experts -- the prestigious International Commission of International Law Jurists -- to provide ultimate proof of their authoritative opinion concerning the legal status of war against Iraq. Furthermore, this large body of eminent international law experts explicitly stated that they'd drafted their legal document in order to advise Messrs. Bush and Blair prior to the invasion: (1) that it would be blatantly illegal under international law for the Anglo-American belligerents to invade Iraq; and (2) that their joint decision as Commanders-in-Chief to commence hostilities would constitute prosecutable war crimes.

Skeptical readers who don't regard this highly-authoritative conclusion as an adequate answer are invited to undertake the legal reasoning for themselves at the ES website. Note that every applicable Article in the UN Charter, and every relevant UN Security Council Resolution, is cited and analyzed therein. And readers who continue to scroll down the ES website will find a succession of articles which summarize the opinions of noteworthy individual experts on international law. These, too, strongly confirm that the invasion of Iraq constituted an illegal war of aggression under international law. [5]

Finally, ambitious readers will learn what non-credible source was most responsible for propagating the fictitious pre-war claim that Saddam Hussein's Iraq was involved in the 9/11 terrorist attacks on the WTC and the Pentagon (hint: yet another uncredentialed neocon think-tanker from the thoroughly-discredited American Enterprise Institute).

Three Conclusions It is the overwhelming consensus of the world's foremost international law experts that: (1) UN Secretary General Annan's opinion is correct (i.e., true) because the Iraq War was, indeed, illegal; and

(2) the opinion of the "Coalition of the Willing's" leaders is incorrect (i.e., false) because their Iraq War was NOT legal.

(3) Therefore, Americans must break free of the neocons' self-delusional groupthink mentality by learning to differentiate between fact and truth, which are all-too-easily confused. For instance, it's an undeniable fact that Messrs. Bush and Cheney have been arguing along the campaign trail that "The Iraq War was legal!" Nevertheless, the mere fact that they've been vehemently arguing that point certainly does NOT make it true! Their argument is flawed by a logical fallacy called an ipse dixit (i.e., "something asserted but not proved"). As we've already seen, their argument is just plain WRONG AS A MATTER OF LAW! Therefore, Messrs. Bush and Cheney are making a false argument (i.e., deceptively asserting something that is untrue).

The Bottom Line Americans should reject the temptation to vote for Messrs. Bush and Cheney, because: (1) both men were advised beforehand that their decision to commence the invasion of Iraq would be blatantly illegal under international law; (2) they invaded nonetheless, and now they're cynically attempting to mislead the public again by falsely arguing that "The Iraq War was legal!"; (3) however, their argument is legally-meritless nonsense -- the current equivalent of their earlier false argument that torture is a legal method for the US military's interrogation of prisoners; (4) they've repeatedly demonstrated their disdain for universal human rights and democratic governance under the rule of law; and

(5) the 21st-century world isn't Tombstone's OK Corral and they certainly aren't Wyatt Earp and Doc Holliday -- however much they might wish us to believe that they are! [6]

ENDNOTES

[1] Read this 9-16-04 PI article by clicking on these blue words: http://www.politinfo.com/articles/article_2004_09_16_4815.html "UN Says Nothing New In Annan's 'Illegal War' Comment". Also see this 9-17-04 GU article, which contends that UN Secretary General Annan's statement wasn't his long-held opinion, but is new and belated: http://politics.guardian.co.uk/iraq/story/0,12956,1306642,00.html "The War Was Illegal"

[2] Read this 9-17-04 JO article by clicking on these blue words: http://snipurl.com/94y0 "Bush Joins Coalition Leaders In Defending War Against Iraq"

[3] Read the 9-15-04 ES's indispensable analysis by clicking on these blue words: http://www.eurolegal.org/useur/bbiraqwar.htm#TOP Legality of the Iraq War. If the click-on doesn't link, paste this URL into your webserver: http://www.eurolegal.org/useur/bbiraqwar.htm [Skeptical readers should not read to confirm their biases, but instead should set their biases aside until they've finished reading all of the legal arguments on this website, which will take awhile.]

[4] There seems to be one relevant omission from the ES website. General international law could have been be cited as an alternative basis for proving the Iraq War's illegality by analyzing these authoritative precedents: (A) the Kellogg-Briand Pact of Paris (1928); and (B) the Charters, Principles, Indictments, and Holdings from the International Military Tribunals at Nüremberg and Tokyo (1945-48).

[5] Generally speaking, legal opinions offered by government attorneys are NOT considered to be authoritative because: (a) they're drafted in the adversarial mode of an advocate, often under self-interested political pressure from the executive branch; (b) even at its best, their reasoning tends toward casuistry, reflecting Cicero's injudicious maxim,"salus populi suprema lex esto" (De Legibus, III, 3.8: "Let the welfare of the people be the supreme law!" Or the Bu****es' tortuous translation thereof: "We feel that we can legally torture our prisoners now if it might save our people later!"); and (c) for an apt example, see the history of the Third Reich's attorneys Hans Frank and Wilhelm Frick, whose pre-war legal advice to Reichsführer Hitler was that Germany could use the pretext of an imminent threat to "preemptively" invade Poland, for which war crime they were both tried, sentenced, and hanged to death by the International Military Tribunal at Nüremberg. Note bene, Attorney General Ashcroft and Bush administration "torture memo" attorneys Bybee, Chertoff, Gonzales, Haynes and Woo!

[6] Read Douglas Jehl's 9-16-4 CD/SPI article by clicking on these blue words: http://www.commondreams.org/headlines04/0916-02.htm "CIA Analysis Holds Bleak Vision For Iraq's Future". Also see the 9-16-04 Dreyfuss Report column: http://tompaine.com/archives/the_dreyfuss_report.php "Annan For President"

Author: Evan Augustine Peterson III, J.D., is the Executive Director of the American Center for International Law ("ACIL"). <EvPeters8@aol.com>

©2004EAPIII
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Information Clearing House has no affiliation whatsoever with the originator of this article nor is Information Clearing House endorsed or sponsored by the originator.)






Dragoness's photo
Mon 03/31/08 07:20 PM
The Iraq War is Illegal

Below is the Congressional authorization for force that Bush used to launch the invasion of Iraq. However, if you read Section 3, paragraph B, Bush was required to prove to the Congress that Iraq was in violation of UN Resolutions by still being in possession of weapons of mass destruction, and secondly, that Iraq was behind 9-11. Both claims have since been disproved and discredited, and appear to be created by the Pentagon Office at the heart of the latest Israeli spy scandal.

Therefore, under United States law, the war in Iraq is illegal. And We The People are not under any legal or moral obligation to pay for it, let alone let our kids be killed in it.

If anything, Bush and his pro-war Neocon buddies should be required to reimburse the treasury for their private use of government property. I leave the question of civil lawsuits for wrongful deaths to the families of the dead American service people, and the live service people still suffering from depleted uranium.


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Authorization for Use of Military Force Against Iraq Resolution of 2002 (Engrossed as Agreed to or Passed by House)

HJ 114 EH

107th CONGRESS

2d Session

H. J. RES. 114

JOINT RESOLUTION

To authorize the use of United States Armed Forces against Iraq.

Whereas in 1990 in response to Iraq's war of aggression against and illegal occupation of Kuwait, the United States forged a coalition of nations to liberate Kuwait and its people in order to defend the national security of the United States and enforce United Nations Security Council resolutions relating to Iraq;

Whereas after the liberation of Kuwait in 1991, Iraq entered into a United Nations sponsored cease-fire agreement pursuant to which Iraq unequivocally agreed, among other things, to eliminate its nuclear, biological, and chemical weapons programs and the means to deliver and develop them, and to end its support for international terrorism;

Whereas the efforts of international weapons inspectors, United States intelligence agencies, and Iraqi defectors led to the discovery that Iraq had large stockpiles of chemical weapons and a large scale biological weapons program, and that Iraq had an advanced nuclear weapons development program that was much closer to producing a nuclear weapon than intelligence reporting had previously indicated;

Whereas Iraq, in direct and flagrant violation of the cease-fire, attempted to thwart the efforts of weapons inspectors to identify and destroy Iraq's weapons of mass destruction stockpiles and development capabilities, which finally resulted in the withdrawal of inspectors from Iraq on October 31, 1998;

Whereas in Public Law 105-235 (August 14, 1998), Congress concluded that Iraq's continuing weapons of mass destruction programs threatened vital United States interests and international peace and security, declared Iraq to be in `material and unacceptable breach of its international obligations' and urged the President `to take appropriate action, in accordance with the Constitution and relevant laws of the United States, to bring Iraq into compliance with its international obligations';

Whereas Iraq both poses a continuing threat to the national security of the United States and international peace and security in the Persian Gulf region and remains in material and unacceptable breach of its international obligations by, among other things, continuing to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations;

Whereas Iraq persists in violating resolution of the United Nations Security Council by continuing to engage in brutal repression of its civilian population thereby threatening international peace and security in the region, by refusing to release, repatriate, or account for non-Iraqi citizens wrongfully detained by Iraq, including an American serviceman, and by failing to return property wrongfully seized by Iraq from Kuwait;

Whereas the current Iraqi regime has demonstrated its capability and willingness to use weapons of mass destruction against other nations and its own people;

Whereas the current Iraqi regime has demonstrated its continuing hostility toward, and willingness to attack, the United States, including by attempting in 1993 to assassinate former President Bush and by firing on many thousands of occasions on United States and Coalition Armed Forces engaged in enforcing the resolutions of the United Nations Security Council;

Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;

Whereas Iraq continues to aid and harbor other international terrorist organizations, including organizations that threaten the lives and safety of United States citizens;

Whereas the attacks on the United States of September 11, 2001, underscored the gravity of the threat posed by the acquisition of weapons of mass destruction by international terrorist organizations;

Whereas Iraq's demonstrated capability and willingness to use weapons of mass destruction, the risk that the current Iraqi regime will either employ those weapons to launch a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so, and the extreme magnitude of harm that would result to the United States and its citizens from such an attack, combine to justify action by the United States to defend itself;

Whereas United Nations Security Council Resolution 678 (1990) authorizes the use of all necessary means to enforce United Nations Security Council Resolution 660 (1990) and subsequent relevant resolutions and to compel Iraq to cease certain activities that threaten international peace and security, including the development of weapons of mass destruction and refusal or obstruction of United Nations weapons inspections in violation of United Nations Security Council Resolution 687 (1991), repression of its civilian population in violation of United Nations Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United Nations Security Council Resolution 949 (1994);

Whereas in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1), Congress has authorized the President `to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677';

Whereas in December 1991, Congress expressed its sense that it `supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102-1),' that Iraq's repression of its civilian population violates United Nations Security Council Resolution 688 and `constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region,' and that Congress, `supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688';

Whereas the Iraq Liberation Act of 1998 (Public Law 105-338) expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime;

Whereas on September 12, 2002, President Bush committed the United States to `work with the United Nations Security Council to meet our common challenge' posed by Iraq and to `work for the necessary resolutions,' while also making clear that `the Security Council resolutions will be enforced, and the just demands of peace and security will be met, or action will be unavoidable';

Whereas the United States is determined to prosecute the war on terrorism and Iraq's ongoing support for international terrorist groups combined with its development of weapons of mass destruction in direct violation of its obligations under the 1991 cease-fire and other United Nations Security Council resolutions make clear that it is in the national security interests of the United States and in furtherance of the war on terrorism that all relevant United Nations Security Council resolutions be enforced, including through the use of force if necessary;

Whereas Congress has taken steps to pursue vigorously the war on terrorism through the provision of authorities and funding requested by the President to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

Whereas the President and Congress are determined to continue to take all appropriate actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

Whereas the President has authority under the Constitution to take action in order to deter and prevent acts of international terrorism against the United States, as Congress recognized in the joint resolution on Authorization for Use of Military Force (Public Law 107-40); and

Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force Against Iraq Resolution of 2002'.
SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

The Congress of the United States supports the efforts by the President to--

(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and

(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--

(1) defend the national security of the United States against the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--

(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.

(c) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.
SEC. 4. REPORTS TO CONGRESS.

(a) REPORTS- The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105-338).

(b) SINGLE CONSOLIDATED REPORT- To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93-148), all such reports may be submitted as a single consolidated report to the Congress.

(c) RULE OF CONSTRUCTION- To the extent that the information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of such resolution.

Passed the House of Representatives October 10, 2002.

Attest:

Clerk.

107th CONGRESS

2d Session

H. J. RES. 114

JOINT RESOLUTION

To authorize the use of United States Armed Forces against Iraq.


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See also: Iraq: The Words of Mass Deception


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What Really Happened

Drew07_2's photo
Mon 03/31/08 10:50 PM
OK, one more time for the pure hell of it. Congress has to authorize every dime, nickel, and dollar bill spent in Iraq. Congress is, and has been for some time now controlled by Democrats. They could have cut off funding to this war at any point in time but they have not. When oh when are some of the people in this community (not to mention this thread) going to start holding accountable those paying for all of this?

-Drew

no photo
Tue 04/01/08 03:37 AM
Edited by Disaronno on Tue 04/01/08 03:46 AM

Oh and you who owes you anything? Who might you be? The almighty what? Your arrogance is mindboggling but I already did it over and over, if you missed it sorry. I will do it again soon don't worry but it will not be for you as I owe you nothing.

Maybe you could ask nicely next time.noway huh


Spoken like a person who parrots on and on and on about which she knows NOTHING about.

YOUR arrogance,in believing somehow you have the 'cut/paste' answers to life is unbelievable. Who might you be? Oh - let me answer - the person who bashes constantly, but provides ZERO answers. The person who enjoys their freedom to b*tch without the "trivial' need to actually LEARN WHAT THEY ARE B*TCHING about.

BTW - Did you see a request for a cut/paste job? No. I asked *SPECIFICALLY* for 1)Jurisdiction 2)Charge 3)Specifications of that charge 4)How those specifications were met.

You provided an opinion by one person, a resolution (congress passes a few dozen each day) which I might point out IS NOT A LAW. And the opinion of a Navy judge who considered one servicemember might have a valid enough belief about the war, but he made no determination on it.

Thanks for once again proving you are ignorant of that which you speak, Cut/Paste Flunkie




no photo
Tue 04/01/08 03:42 AM

OK, one more time for the pure hell of it. Congress has to authorize every dime, nickel, and dollar bill spent in Iraq. Congress is, and has been for some time now controlled by Democrats. They could have cut off funding to this war at any point in time but they have not. When oh when are some of the people in this community (not to mention this thread) going to start holding accountable those paying for all of this?

-Drew


Drew -that would require actions above and beyond cut/paste. Therefor beyond the scope and abilities of the mass posters here. While I agree with your point - please realize that your desired outcome would involve certain whiny people to get up off their a##.

<sarcasm mode off>

Dragoness's photo
Tue 04/01/08 09:46 AM


Oh and you who owes you anything? Who might you be? The almighty what? Your arrogance is mindboggling but I already did it over and over, if you missed it sorry. I will do it again soon don't worry but it will not be for you as I owe you nothing.

Maybe you could ask nicely next time.noway huh


Spoken like a person who parrots on and on and on about which she knows NOTHING about.

YOUR arrogance,in believing somehow you have the 'cut/paste' answers to life is unbelievable. Who might you be? Oh - let me answer - the person who bashes constantly, but provides ZERO answers. The person who enjoys their freedom to b*tch without the "trivial' need to actually LEARN WHAT THEY ARE B*TCHING about.

BTW - Did you see a request for a cut/paste job? No. I asked *SPECIFICALLY* for 1)Jurisdiction 2)Charge 3)Specifications of that charge 4)How those specifications were met.

You provided an opinion by one person, a resolution (congress passes a few dozen each day) which I might point out IS NOT A LAW. And the opinion of a Navy judge who considered one servicemember might have a valid enough belief about the war, but he made no determination on it.

Thanks for once again proving you are ignorant of that which you speak, Cut/Paste Flunkie






Arrogance is still no verification of my "wrongness" but thanks for the display of arrogance once again. I gives me great humorlaugh laugh laugh laugh laugh

no photo
Tue 04/01/08 10:08 AM
No, you manage to prove your "wrongness" by continuous cut/paste diatribes how ignorant you truly are on various world subjects. And reinforce that "wrongness" when challenged, specifically by me, to provide non-conspiracy bleeding-heart website cut/paste idiocies and continuously fail to provide anything resembling a logical, reasoned argument for your position.

See - when you do your normal cut/paste - you are regaling us with your Camelot views, written by some other person of whom you know nothing about, and you wholly buy into whatever position they are selling, without a shred of critical thinking as to the motives or 'sensationalism' they may be after.

When I post something in here - it is usually concerning matters that I have personally lived through. I don't talk about Iraq, as you do - a far away land in which you know zero about the culture. I talk about it as a place I have been. I don't talk about the people from a liberal bleeding heart b.s. website - I talk about them as people I have met, and had both dealings and even meals with.

Funny - you label me as 'arrogant' after posting in another thread that I was 'uneducated and uncouth'

Wow - you are *arrogant* enough to declare someone uneducated and uncouth, but don't like arrogance in others, huh? Amazing.


no photo
Tue 04/01/08 10:09 AM


Please - enlighten us - what **EXACTLY** makes it "illegal"

Note: - you must format your answer correctly - This means, you must state the jurisdictional court, the charge, and how the allegations meet the specifications of that charge.


By the way - genius - try answering the question, instead of your normal self-righteous prevarications.

mnhiker's photo
Tue 04/01/08 02:18 PM


Justifying it as just a part of war is animalistic not humane at all. We are not even showing a human face if we cannot see the unjustice of innocents dying.noway


Look, if you want to 'show your human face' to an unjust situation - why not go talk to some of the soldiers returning home that are committing suicide in record numbers?

What type of numbers? Instead of quoting numbers without 'human faces' let's put it a different way. Let's create two groups of soldiers.

The first group?
Those directly killed by enemy actions in Iraq. Let's say they fit in a standard NFL sized stadium.

The second group:
Those who committed or attempted to commit suicide after returning home from tour(s) in Iraq. This group needs all of one stadium, and could fill a second one with the normal attendance of most team's non-bowl type games.

You want to get all self-righteous? Here is a worthy topic, about which you can do something, and people would applaud your *ACTIONS* - instead of the constant meaningless barrage of trivial, half-baked whining you normally post of which there is not a single thing you can do about.


Yes, suicides for those soldiers coming home is reaching epidemic proportions.

Here's a feature on it from City Pages, a local Minneapolis paper:

http://articles.citypages.com/2008-03-26/feature/soldier-suicides-veterans-killing-themselves/

It is appalling that soldiers who go over to fight for the United States Government can't receive counseling from that same Government when they get back. mad explode

madisonman's photo
Tue 04/01/08 04:43 PM
dont be so hard on the bloodthisty warhawks they and the other 12% who support this war are entitled to an opinion

no photo
Tue 04/01/08 05:46 PM
Don't be so hard on the Camelotians. They are entitled to their misguided mewling, and are free to do such.

Because the 'bloodthirsty warhawks' will always ensure they have that freedom of speech. Even if the Camelotians call them evil, bloodthirsty warhawks.

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