The man put his contractual duties, which was to "...defend and uphold the Constitution of the United States..." above neo-conservative, fundamentalist, or corporate loyalties. His contract required that he take an oath, I know I took it every time I re-upped and signed my contracts. I guess some people take it more seriously than others.
Illegal war, definition -
http://en.wikipedia.org/wiki/Illegal_warThis is by UN definition, the long and short being:
The first lists specific acts for which an individual in a position of responsibility could be held accountable for aggression. Under this definition: planning, preparing, ordering, initiating, or carrying out an armed attack, or the use of force, or a war of aggression, or a war in violation of international treaties or agreements, by a State, against the territorial integrity of another State, against the provisions in the UN Charter.
The second provides a list of acts constituting aggression:
invasion or attack by the armed forces of a State of the territory of another State, or military occupation, or annexation of territory by the use of force
bombardment by armed forces of a State against the territory of another State
the blockade of ports or coasts of a State
the use of armed forces of a State which are within the territory of another State in violation of the terms of an agreement between those States
a State allowing its territory to be used by another State for an act of aggression against a third State
a State sending armed bands, groups, irregulars or mercenaries to carry out grave acts of armed force against another State.
Or, for the religious minded, there is the classical definition of a "Just War", with anything outside this definition being an "unjust war" by default. This goes pretty deep into philosophy, so any superhawks might want to get their aspirin bottles handy.
When is a war just by the criteria of Just War theory? (Jus ad bellum)
In modern language, these rules hold that to be just, a war must meet the following criteria before the use of force (Jus ad bellum):
- recapturing things taken
- punishing people who have done wrong
A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said:
"Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations"
Taken strictly in this context, the war was OK as Saddam did some pretty nasty things to his own people, but we were not given that reason nor was it a part of any stated goal in the beginning. As well, believe it or not, there are many far worse tin pot dictators that deserved it more than Saddam floating around in the world. We had our pick to take any one out, and were working to take on Osama at the time. Why we switched targets to an unrelated guy should be the big question...especially since we never finished off Osama.
Comparative justice: While there may be rights and wrongs on all sides of a conflict, to override the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other;
This is where the US policy begins to crack. Saddam's crime against the US was...well...nothing. Just refusal to do oil business with American companies.
Legitimate authority: Only duly constituted public authorities may use deadly force or wage war;
Right intention: Force may be used only in a truly just cause and solely for that purpose—correcting a suffered wrong is considered a right intention, while material gain or maintaining economies is not.
This is where US policy is blatantly fucked up. We're doing this to maintain the flow of oil or to maintain the power of our dollar...oopsy.
Probability of success: Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success;
I.e., if the only way to 'win' is to nuke them flat. Another big oops.
Proportionality: The overall destruction expected from the use of force must be outweighed by the good to be achieved.
Don't get me started on this one...
Last resort: Force may be used only after all peaceful and viable alternatives have been seriously tried and exhausted. Note that these are only the most typical conditions cited by just war theorists; some (such as Brian Orend) omit Comparative Justice, seeing it as fertile ground for exploitation by bellicose regimes.
Anyone with half a brain or who was paying attention realized that Iraq was indeed doing everything it could to avoid war and play ball with whatever massive demands were placed on them. But it was already planned and written a looong time ago and there was nothing Saddam could do or say to appease King George and Halliburton.
Conducting a just war (jus in bello)
Once war has begun, just war theory also directs how combatants are to act:
(Jus in bello)
Just war conduct should be governed by the principle of discrimination. The acts of war should be directed towards the inflictors of the wrong, and not towards civilians caught in circumstances they did not create. The prohibited acts include bombing civilian residential areas that include no military target and committing acts of terrorism or reprisal against ordinary civilians. Some believe that this rule forbids weapons of mass destruction of any kind, for any reason (such as the use of an atomic bomb).
Again, use common sense on this one. "Shock and awe" was the buzzword if I recall...
Just war conduct should be governed by the principle of proportionality. The force used must be proportional to the wrong endured, and to the possible good that may come. The more disproportional the number of collateral civilian deaths, the more suspect will be the sincerity of a belligerent nation's claim to justness of a war it initiated.
Civilian death toll is...ummm...one fuck of a lot of people whether you want to believe 60,000, 150,000, or 750,000. Proportional to US deaths that Saddam perpetuated....let's see...ZERO.
Just war conduct should be governed by the principle of minimum force. This principle is meant to limit excessive and unnecessary death and destruction. It is different from proportionality because the amount of force proportionate to the goal of the mission might exceed the amount of force necessary to accomplish that mission.
We're all going to hell.
Ending a war: jus post bellum
In recent years, some theorists, such as Gary Bass, Louis Iasiello and Brian Orend, have proposed a third category within Just War theory. Jus post bellum concerns justice after a war, including peace treaties, reconstruction, war crimes trials, and war reparations. Orend, for instance, proposes the following principles:
Just cause for termination - A state may terminate a war if there has been a reasonable vindication of the rights that were violated in the first place, and if the aggressor is willing to negotiate the terms of surrender. These terms of surrender include a formal apology, compensations, war crimes trials and perhaps rehabilitation.
The Green zone doesn't count as "rehabilitation". 3 hours of electricity a day and no running water...with friends like us, who needs enemies?
Right intention - A state must only terminate a war under the conditions agreed upon in the above criteria. Revenge is not permitted. The victor state must also be willing to apply the same level of objectivity and investigation into any war crimes its armed forces may have committed.
Ummm...sure...whatever...we'll burn a few privates all the way up to the lofty command levels of...sergeant. Just a few bad apples...it wasn't policy at all. *snark*
Public declaration and authority - The terms of peace must be made by a legitimate authority, and the terms must be accepted by a legitimate authority.
How many elections does it take until we get who we want in power to be the "legitimate authority"?
Discrimination - The victor state is to differentiate between political and military leaders, and combatants and civilians. Punitive measures are to be limited to those directly responsible for the conflict.
So lets sack every government authority, military or not, and watch as they descend into chaos...pass the popcorn.
Proportionality - Any terms of surrender must be proportional to the rights that were initially violated. Draconian measures, absolutionist crusades and any attempt at denying the surrendered country the right to participate in the world community are not permitted.
Of course, their oil will pay for our war...after all, they started it.
Of course, none of this takes into account the economic aspects of this war and the drain on our treasury. We haven't even begun to pay, we've borrowed money from China, India, and the Saudis in record amounts to pay for this war and other exponential 'anti-terror' spending. The bill hasn't come due yet, Bush is hoping that a Democrat will be in office when it does and the tax-payer gets stuck with it. This was another result of our unilateral foreign policy...in the first Gulf War, the Saudis actually paid most of the bills themselves. We won't even mention the TRILLION bucks missing floating around the Pentagon, the story of which was conveniently eclipsed by 9/11.
Shall I get started on the impact of our international image from this war? Or our shift to fascist domestic policies? I could easily write a book, but so many others already have. It's unfortunate about half our population still refuses to see the writing on the wall.
Back to the original topic though of that coward Watada...how many lives could have been saved on all sides during WW2 if the Nazi's had even one coward like him? 100 traitors like him? 1000 unpatriotic Germans like him? 100,000 here, a million there, sooner or later you're talking about real people...
Last edited by GorillaTicTacs (2007-01-04 07:28:31)