If the Iraq war is declared unlawful in the future where will the families of dead servicemen stand legally?

Question

Has there been a precedent for this situation and will they get redress.

referring to situation in U.K only

Answer 1

In order for something to be 'unlawful' it has to violate an existing law.

If you ignore this rule then your nation is no longer a democracy.

Answer 2

The deaths happening now are "lawful" because the UN
carried resolution supporting it BUT when Bush invaded Iraq that was not lawful because it was not agreed by the UN, although UK and US both claim it was legal because of previous UN Resolutions..

But either way the war was supported by Parliament in the UK and Congress in America. So dead families are no different in either case legally What may be more to the point is if the war was indeed unlawful then the execution of Saddam was unlawful and he should legally have been put back in power instead of being hanged, if we are really concerned with legality and nothing else? So think this whole question of lawfulness is a bit of a Catch 22, my friend

Answer 3

First, there is no "war" in Iraq in any legal sense of the word.
Only Congress can declare war, and they have not.

Second, Congress did legally authorize the use of military force in Iraq. That's long over. So, the conflict cannot be declared illegal under US law because Congress authorized it.

At worst, those individuals in govt who violated federal law would be held criminally liable for their actions. But they are protected against civil lawsuits (wrongful death) by statute and by the civil immunity inhererent in their offices.

So, even if some wrongdoing was found, nobody is going to see any money over it.

Answer 4

If you're under the age of, lets say, 10, I'll forgive this question. Otherwise you are one of the most willfully ignorant people on the face of the earth. How is this war illegal. It was mandated by the UN (even though they didn't think we would actually follow their mandate), it was approved by the congress (with a 98% majority, no matter what Hillary says), so I don't understand how you can imply that it is illegal.

I'm thinking that this is your view of a sly way to get people to agree with you to declare the war illegal. Thankfully idiots like you are in a very small (though vocal) minority.

Answer 5

under international law the iraq war is illegal yet people just brush it under the carpet go along with it like zombies and unbeleivably people volunteer to get blown up actually thinking there fighting for there countrys its insane .as for the famillies not sure where they stand , there would have to be a revolution before they saw any justice.

Answer 6

It's already be deemed illegal by the United Nations the holders of international law, yet America and Britain don't give a monkey's about this , Familys will never get compensation, thats admitting they broke International law and we all know they wont do that .

Answer 7

Good question. My nieces husband is in critical condition, burned over 60 percent of his body, after getting blown up by an anti tank mine in Iraq. This war is shocking!

Answer 8

WHO WILL DECLARE THE WAR UNLAWFUL? YOU'RE DREAMING. THE FAMILIES WILL HAVE NO REDRESS SOLDIERS SIGN THEIR LIVES AWAY.

Answer 9

The Servicemen are safe, they just follow orders. Those in Command will take the brunt of the persecutions...

Answer 10

never mind the dead servicemen how about the dead iraqis the servicemen signed upto serve their country, what did the iraqis do wrong.