Canadian Logic
Posted: Sun Nov 21, 2004 6:32 am
I saw an interview tonight with a law professor from Canada. He forwarded the following logic:
1. For a war to be legal, it must be launched in accord with the dictates of the United Nations charter -and- it must be approved by the UN Security Council.
2. The UN charter allows for wars of self-defense.
3. The USA had no right of self-defense in its attack on Afghanistan. He claims that was a "retaliatory" attack.
4. Because the removal of the Taliban was "retaliatory", the war was illegal.
5. During an illegal war, every death counts (by international law) as a murder.
6. President Bush and Colin Powell should be indicted as wars criminals of the first order, mass murderers.
With all due respect to Canada, if this is what passes for university-level thinking up there, your society is in serious trouble.
In rebuttal, I present the following evidence.
United Nations Charter, Chapter I, Article 1:
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.
United Nations Charter, Chapter VII, Article 51:
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.
* In 1993, Al Qaeda, a stateless network of radical Islamic fundamentalists, launched an armed attack on the World Trade Center in New York City. They detonated a truck bomb in the lower levels of one of the buildings, with the express intent of toppling that building over on to its twin and knocking them both to the ground. The attack failed to achieve all of its goals but did inflict terror, death and destruction.
* In 1998, Al Qaeda issued a public declaration of war on the United States of America. The declaration was issued by their leader, Usama Bin Laden.
* By what right of international law did this stateless network hold legal dispute with the United States? None. This war declaration was not legal, nor were any of the armed attacks perpetrated by this terrorist organization.
* In 1998, Al Qaeda conducted simultaneous armed attacks on US soil, on the continent of Africa, in the location of our embassies in Kenya and Tanzania. Hundreds of people were slain.
* In 2000, Al Qaeda conducted an armed naval attack on a US Warship anchored peacefully in Yemen, the USS Cole. The ship was incapacitated and more than a dozen US sailors were killed.
* On September 11, 2001, Al Qaeda launched an armed attack on four US commercial airliners, hijacking them with the express intent of turning them into missiles and decapitating the United states with simulatenous missile strikes on our economic, military and governmental nerve centers. Three of the four planes struck their targets, resulting in the complete destruction of the World Trade Center in New York City, and in significant loss of life and property and functionality at the Pentagon in Washington, DC. The US Capitol building and our legislative bodies were spared harm when the fourth airliner was brought down by a revolt of the passengers onboard against the hijackers, when the passengers learned over their cell phones of the other airliners being flown into buildings. All life on board was snuffed out on impact, in a field in western Pennsylvania. Nearly 3000 Americans died in this attack, most of them at the World Trade Center.
* Shortly after September 11, US Intelligence services pinpointed Al Qaeda as the source of the attack, including obtaining videotape evidence of Usama Bin Laden personally bragging to compatriots about planning the 9/11 attack and how some of the hijackers did not know the nature of their mission when they boarded the planes, because operational security was kept so tight.
* On September 20, 2001, the President of the United States, in an address to a joint session of Congress, declared the Bush Doctrine: states who harbor networks of international terrorists will be held to account. Those who refuse to cooperate with bringing terrorists to justice, but who instead work to protect the terrorists and thwart justice, will be viewed in the eyes of America as equally guilty as the terrorists themselves. "You are either with us, or you are with the terrorists."
* The President twice sought a resolution from the UN Security Council, declaring the September 11 attack an "armed attack". The UN Security Council refused to so declare. Thus the UN abrogated its responsibility according to its own charter. I refer you back to Article 1, of which the Taliban government was in gross violation on every point. On point number one, the Taliban harbored and succored a stateless network conducting an illegal war against the United States; this network proved itself both aggressive and a threat to international peace. On point number two, the Taliban did not subscribe to notions of equal rights, neither for states nor individuals. On point number three, the Taliban was in gross violation of all elements, among which included displaying the most barbarous treatment of women of any nation on the planet. On point number four, the Taliban stood in direct disdain of the international community, ignoring all pleas from other states and peoples not to destroy the thousands-of-years-old Bhuddist statues in the cliffs of eastern Afghanistan. IN EVERY WAY, the Taliban stood against everything the UN was founded to champion, yet the corrupt UN Security Council, with certain members swayed more by their own self-interest than in upholding the UN Charter, declined to accept its responsibility toward the ends of enforcing its security responsibilities.
* In October of 2001, President Bush moves forward without UN approval, obeying his oath of office to protect and defend the United States of America. Bush issued demands to the Taliban government: turn over Al Qaeda. The Taliban was given a reasonable period of time in which to comply, including a clear message as to what would happen to them if they refused.
* The Taliban called the President's bluff. Problem for them was, Bush was not bluffing. The Taliban was removed in an operation dominated by US Special Forces, in concert with Afghan allies on the ground, in a matter of mere weeks. Al Qaeda's base of operations was disrupted.
Our friend from Canada, this law professor, is in error on one critical point: the American attack on Afghanistan was legal.
If the UN Security Council were, in good faith, doing the job for which it was created, this would not be an issue. Unfortunately, the UN has never lived up to its full potential. The ideals of common cause often take a back seat to the particular interests of member states, especially those on the Security Council who enjoy permanent seats and veto power.
The ideals of the UN are noble, but in practice the performance leaves much to be desired.
I have additional evidence to provide in the form of specific lessons from the September 11 attacks and specific principles in regard to the notion of self-defense, which are relevant in rebutting the good professor from Canada. Rather than rewrite these in my own words, I will borrow the relevant portion of them from The Heritage Foundation. I refer you to the subsequent post.
- Sirian
1. For a war to be legal, it must be launched in accord with the dictates of the United Nations charter -and- it must be approved by the UN Security Council.
2. The UN charter allows for wars of self-defense.
3. The USA had no right of self-defense in its attack on Afghanistan. He claims that was a "retaliatory" attack.
4. Because the removal of the Taliban was "retaliatory", the war was illegal.
5. During an illegal war, every death counts (by international law) as a murder.
6. President Bush and Colin Powell should be indicted as wars criminals of the first order, mass murderers.
With all due respect to Canada, if this is what passes for university-level thinking up there, your society is in serious trouble.
In rebuttal, I present the following evidence.
United Nations Charter, Chapter I, Article 1:
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.
United Nations Charter, Chapter VII, Article 51:
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.
* In 1993, Al Qaeda, a stateless network of radical Islamic fundamentalists, launched an armed attack on the World Trade Center in New York City. They detonated a truck bomb in the lower levels of one of the buildings, with the express intent of toppling that building over on to its twin and knocking them both to the ground. The attack failed to achieve all of its goals but did inflict terror, death and destruction.
* In 1998, Al Qaeda issued a public declaration of war on the United States of America. The declaration was issued by their leader, Usama Bin Laden.
* By what right of international law did this stateless network hold legal dispute with the United States? None. This war declaration was not legal, nor were any of the armed attacks perpetrated by this terrorist organization.
* In 1998, Al Qaeda conducted simultaneous armed attacks on US soil, on the continent of Africa, in the location of our embassies in Kenya and Tanzania. Hundreds of people were slain.
* In 2000, Al Qaeda conducted an armed naval attack on a US Warship anchored peacefully in Yemen, the USS Cole. The ship was incapacitated and more than a dozen US sailors were killed.
* On September 11, 2001, Al Qaeda launched an armed attack on four US commercial airliners, hijacking them with the express intent of turning them into missiles and decapitating the United states with simulatenous missile strikes on our economic, military and governmental nerve centers. Three of the four planes struck their targets, resulting in the complete destruction of the World Trade Center in New York City, and in significant loss of life and property and functionality at the Pentagon in Washington, DC. The US Capitol building and our legislative bodies were spared harm when the fourth airliner was brought down by a revolt of the passengers onboard against the hijackers, when the passengers learned over their cell phones of the other airliners being flown into buildings. All life on board was snuffed out on impact, in a field in western Pennsylvania. Nearly 3000 Americans died in this attack, most of them at the World Trade Center.
* Shortly after September 11, US Intelligence services pinpointed Al Qaeda as the source of the attack, including obtaining videotape evidence of Usama Bin Laden personally bragging to compatriots about planning the 9/11 attack and how some of the hijackers did not know the nature of their mission when they boarded the planes, because operational security was kept so tight.
* On September 20, 2001, the President of the United States, in an address to a joint session of Congress, declared the Bush Doctrine: states who harbor networks of international terrorists will be held to account. Those who refuse to cooperate with bringing terrorists to justice, but who instead work to protect the terrorists and thwart justice, will be viewed in the eyes of America as equally guilty as the terrorists themselves. "You are either with us, or you are with the terrorists."
* The President twice sought a resolution from the UN Security Council, declaring the September 11 attack an "armed attack". The UN Security Council refused to so declare. Thus the UN abrogated its responsibility according to its own charter. I refer you back to Article 1, of which the Taliban government was in gross violation on every point. On point number one, the Taliban harbored and succored a stateless network conducting an illegal war against the United States; this network proved itself both aggressive and a threat to international peace. On point number two, the Taliban did not subscribe to notions of equal rights, neither for states nor individuals. On point number three, the Taliban was in gross violation of all elements, among which included displaying the most barbarous treatment of women of any nation on the planet. On point number four, the Taliban stood in direct disdain of the international community, ignoring all pleas from other states and peoples not to destroy the thousands-of-years-old Bhuddist statues in the cliffs of eastern Afghanistan. IN EVERY WAY, the Taliban stood against everything the UN was founded to champion, yet the corrupt UN Security Council, with certain members swayed more by their own self-interest than in upholding the UN Charter, declined to accept its responsibility toward the ends of enforcing its security responsibilities.
* In October of 2001, President Bush moves forward without UN approval, obeying his oath of office to protect and defend the United States of America. Bush issued demands to the Taliban government: turn over Al Qaeda. The Taliban was given a reasonable period of time in which to comply, including a clear message as to what would happen to them if they refused.
* The Taliban called the President's bluff. Problem for them was, Bush was not bluffing. The Taliban was removed in an operation dominated by US Special Forces, in concert with Afghan allies on the ground, in a matter of mere weeks. Al Qaeda's base of operations was disrupted.
Our friend from Canada, this law professor, is in error on one critical point: the American attack on Afghanistan was legal.
If the UN Security Council were, in good faith, doing the job for which it was created, this would not be an issue. Unfortunately, the UN has never lived up to its full potential. The ideals of common cause often take a back seat to the particular interests of member states, especially those on the Security Council who enjoy permanent seats and veto power.
The ideals of the UN are noble, but in practice the performance leaves much to be desired.
I have additional evidence to provide in the form of specific lessons from the September 11 attacks and specific principles in regard to the notion of self-defense, which are relevant in rebutting the good professor from Canada. Rather than rewrite these in my own words, I will borrow the relevant portion of them from The Heritage Foundation. I refer you to the subsequent post.
- Sirian