Saturday, March 22, 2003

THE WAR IS ILLEGAL, SO WHAT?


The UN Charter sanctions only one kind of war: defensive war. But there is nothing which can support Bush's and Blair's thesis that this Iraqi invasion is a defensive action. As far as I can remember, when we say "defense", it means someone is on the offense. Does anyone see Saddam or Iraqis doing any "offense"? In basketball, when we say defense, it means the other team has the ball and it is going to shoot into your goal. Defense means you have to block the shot. Does anybody see Saddam even dribbling a ball? George W. Bush has thrown away all formal constraints for starting a war. No need for Congress to declare war. No need for UN resolutions. No need for the Security Council to approve.Too bad, Tony Blair's oratorical skills are being wasted in this endeavor. I shudder in the thought that these two have an ex-deal of some sorts for going into this war.

The last time the US did something like this, they got sued in the International Court of Justice. The case is a landmark decision in Public International Law, entitled "Nicaragua vs. US." Briefly, it is about the US government's logistical support to the rebels of the Sandinista Government of Nicaragua. Nicaragua claims that the US was engaging in an offensive war against Nicaragua by supporting the rebels. The ICJ said "guilty." The UN General Assembly affirmed the verdict. But no award was ever given in favor of Nicaragua and the US insisted on its lawyerly defense that the ICJ did not have jurisdiction over the case. Many years hence, "Nicaragua vs. US" is just a textbook case and the US is at it again. And the US claims it is defending democracy, yeah right.

I really wish Al Gore won that election. Too bad, he has to settle for that board seat in Apple while this George Bush is acting dictator of the world who finally found something to do.