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Military action that defies international law, what does this mean? Examples?
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Military action that defies international law, what does this mean? Examples?








Craig David
The Nazis did it all really.


Jonny McWheels
The term 'International Law' only refers to that set by the United Nations, of which the Security Council is one part (as is UNESCO, WHO...). The basis of international law can be traced back to the treaty of Westphalia in the 1600s. Essentially it follows through to this day that a sovereign state is its own business and therefore not to be interfered with by another. In practice this causes a principle of anarchy at head-of-state level. Essentially they are not answerable to anyone and the UN is not and never has been the world's policeman. It's still useful though as a place where others can use their 'Levers of Power' (Monetary, Military, Diplomatic, Social etc) to persuade them into what the rest of the world wants anyway. And nearly everyone's a member because it's so useful. Castro used to take everyone's time up denouncing the USA in all sorts of flowery Spanish. Military action can be taken without the consent of the UN and still be legal. The decision to go to war is a nation state's prerogative. An example that is not, in principle, is Israel's maritime blockade of Gaza. The UNCLOS allows for this to happen in international waters. How precisely they go about it may be illegal. As a further example, a revolver is not in itself an illegal weapon under the Geneva Convention. If you use it to execute civilians then what you did was illegal but not the weapon itself. International Law is full of these differences. It's also not illegal for civilians to be killed as a result of military action by either side. Provided they can show they were acting within the principles of Military Necessity, Proportionality and Humanity then International Law accepts that there are casualties of war and that war in and of itself involves killing people and breaking things. The choice of the military action and the conduct of it can both be in violation of International Law. However the constant claim that it was 'illegal to do so-and-so' often misunderstands the realities and is a populist soap box rather than a useful point of discussion.


Joe
Rating
It means exactly what it says: war in violation of international law. The US-led invasion of Iraq is an example. In the absence of a direct attack by Iraq on the US, or any of the other coalition members, the invasion could only have been legal in international law if authorised by the UN Security Council. It wasn't. The US has claimed existing UN Security Council resolutions authorised the invasion, but 3 of the other 4 members of the UN Security Council have specifically said they didn't. The invasion has also been declared illegal, and the US argument dismissed as invalid, by a host of legal experts and senior politicians, such as the (now former) US Attorney-General Ramsey Clark; the (now former) British Foreign Secretary Jack Straw; Elizabeth Wilmshurst, a (now former) legal adviser to the British Foreign Office; Lord Bingham, the (now former) Lord Chief Justice of the United Kingdom; Professor Benjamin Ferencz, chief prosecutor for the US at the post-WW2 International Military Tribunal at Nuremberg; and even Richard Perle, DPBAC Chairman under George Bush's administration. It has also been described as illegal under international law by the Netherlands Supreme Court after a government inquiry there; the International Commission of Jurists in Geneva; and the US-based National Lawyers' Guild.


MikeGolf
Rating
Here are some examples of military actions that were in violation of international law: The Battan Death March. Palestenians firing ungiuded rockets into cities. Saddam's poison gas attacks on the Kurds. Taliban combatants using civilians as 'human shields.' North Vietnam's invasion of South Vietnam in 1975. ('Ageressive War' as defined by the Nuruenberg Tribunal)


Mother Hubbard
War Crimes. Wikipedia has a page entitled "War Crime". http://en.wikipedia.org/wiki/War_crime


Wayne
An example? Mass shootings of civilians. But hey no one cares. All's fair and love is war. If only we thought like they did in the 1700's, with honour and dignity. Back then, I think they cared more about being honourable and gentlemen in the battlefield than winning the actual battles. Nowadays though they do all stupid things. Heh Germany once tried to get Shotguns banned in war because they believed the damage they did was unnecessary and inhumane. Funny though. They invented the Flamethrower...


MagpieRhino
Rating
any military action that isnot sanctioned (authorised) by the UN security council is illegal in international law. which means pretty much all military action with the exception of the war in Afghanistan. Russia's invasion of Georgia in 2008 broke international law. the US led NATO involvement in Kosovo in 1999 broke international law but was later at first but later accepted as "legitimate" by the security council.


Jim Em
Rating
Against international law. Like Iraq's invasion of Kuwait And I believe our subsequent invasion of Iraq years later after 911.


1 eye dog
Just like it sounds . What one does on the battle field is it by the rules of engagement . Yes there are rules that have to be adhered to even in battle .







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