Originally
posted by
Eric171:
Originally
posted by
Angel1:
Under that logic, the UN Treaty is unconstitutional and therefore illegal where the United States is concerned. For the record, where we are concerned, the United States Constitution is the supreme law of the United States. It is higher then any treaty, including the UN Treaty. If this is your logic, then the UN Treaty is not binding on the US and therefore our actions in Iraq are not subject to UN oversight.
And I'm still not seeing anything which bars Israel attacking Iran. Until the UN becomes a world government, they are not the be all end all. Even then, they wouldn't necessarily be the be all end all.
If you're trying to say that nations are no longer sovereign, then the UN can't exists because treaties are agreements between sovereign nations. In attempting to assert UN sovereignty over the legality of war, you irreparably destroy the sovereignty of the member nations and therefore render the UN null and void.
Dear Angel1, by this reasoning, ALL international treaties are unconstitutional under any country`s legal system, as they will always limit in one way or another what can be done.
The thing about international law is that it is an agreement made between sovereign nations. It isn`t, in that sense, equal to internal law.
Who enforces international law?
See the problem?
Some countries consider it important (it was funny how Blair was bending in weird ways to try to justify in the UK the second Iraq war), others don`t. Either way, we the public still can judge nations by those set of rules and it is why some USA politicians have to be careful with which countries they end up visiting or they might find themselves into a country that DOES take it seriously.
Limiting what a country can and cannot do is one thing where it does not concern an issue that is inseperable from a nation's sovereignty. By limiting the ways that a country can wage war, you are not limiting their ability to wage war. War or peace is still the exclusive purview of sovereign nations. The sovereignty of nations is the ability to decide:
War or Peace
Laws governing how things are done within the nation.
In the United States, this sovereignty is first granted to the states and then a piece of that sovereignty is granted to the federal governemnt. In order for a piece of the sovereignty granted to the federal government to be granted to the UN, the UN would have to be a world or at least regional government. (And I would argue that the states would have to approve joining a world government.)
The UN best serves its purpose when it limits itself to what it's really suppose to do. The UN is a forum for nations to resolve conflicts peacefully and to seek solutions to common world problems. The UN charter outlines procedures for nations to follow in order to attempt to resolve conflicts peacefully. When working its best, the UN allows nations to feel heard without resorting to rifles and bombs. However, the nations involved in a conflict must be willing to play ball according to the methodology contained within the UN Charter.
Nowhere does the UN Charter specifically state that either the Security Council or the UN as a whole must approve military actions for them to be legal. If the UN Charter had specifically stated this, there would not have been a prayer strong enough for the US Senate to have ratified the treaty. The UN would not exist if war had to be approved by the UN to be legal.
War and peace decisions are the exclusive purview of nations. War is a right of nations (if it were illegal [without approval], then it would not be a right as rights are legal by their very definition). The UN can object and nations have to submit explanations for their actions. The UN can attempt to sanction countries for fighting wars. Objecting, sanctions, making sure that the laws of war are being followed, etc. are well within the purview of the UN. The International Court can even charge signatory nations with war crimes if they use illegal methods to wage their war. However, neither the UN nor the International Court have the authority to prosecute for just waging war.
The UN is too easily hijacked (by Russia/China against the US or the US/UK against Russia) for it to have the power to decide on the legality of war itself.
I'll say it again, the UN Charter does not specifically state the United Nations decides on the legality of war and if it had when it was submitted to the US Senate, then the United States would not have ratified the treaty.
Right or wrong, wise or unwise, the right to go to war or make peace is the exclusive purview of nations. The UN can act as a facilitator to peace or mitigator of war (with the nations' permission), but it doesn't get to decide on legality. War or peace is a right exclusive to nations. Questions on the legality of war are questions of national law. For Japan, it is illegal to fight foreign wars, but only because their constitution declares it illegal. In the US, authorizations to use military force may not be legal, but only because they may not meet the legal requirements of the constitution. A US state cannot legally go to war because the original states determined that war had to be the exclusive purview of all the states as a collective and therefore assigned that right exclusively (in the US Constitution) to the federal government where the states act as a collective.
The legality of war is the test of a nation's laws because each nation has the right to go to war (again, by definition acting on a right is acting legally).
Would you also argue that peace is only legal if the UN approves it? Peace is just the other side of coin containing war. War on one side, peace on the other. You have to treat them the same, so does the UN have to approve peace treaties in order for them to be legal?* Does the UN have to approve peace settlements in order for them to be legal?
*prerecogntion that someone is going to disagree with this premise. I accept that if you prove that then you don't have to treat peace and war the same, but I don't myself claim my premise to be wrong (yeah, kind of obvious or I wouldn't have made the premise in the first place).