What made the war illegal?

Question

Keep it serious. What exactly by law made this war illegal? What proceedure was broken. The vote was nearly unanimous.

Well, let's hear it.

Answer 1

The War in Iraq is legal because it went through the proper constitutional measures of starting and funding the conflict.

Congress authorized the use of force (aka declared a state of hostility) and has funded the conflict.

Answer 2

Simply because Government Agencies colluded to fraudulently deceive Congress to Vote for, and approve the War.

The Senate has at least 3 CIA employees and 2 foreign agents that have testified they were involved in skewing evidence.

This is as simple as a police false arrest. When the Cops discover they have made a mistake and arrested the wrong man what do they do? Cover it up.

Maybe on the Oprah show they say I'm sorry and give the guy a big check. But in the real world it's not always a happy ending.

Fire them all and start over.

Answer 3

There was no declaration of war, ergo there is no war. The operations in Afghanistan and Iraq are simply police actions authorized by the President, who is the only Constitutional entity empowered to command the U.S. military. As he is elected for four-year terms only, a majority of Americans can never be forced to continue any engagement for more than four years. Also, his discretion can send troops anywhere in the world anytime he orders it, but the Congress has the power to de-fund any operation they see fit. Weren't the Founders geniuses? That's the check against Presidential abuse of authority. Thus far, the bi-annually elected Congress hasn't seen fit to do so.
Constitutionally, these police actions are legal as hell, just as long as the people's elected Commander-in-Chief and the people's elected Congress say so.

Answer 4

Congress approved an authorization to use military force, which in effect is a declaration of war. Here's a logical argument. Since the president has no authority to initiate a war against another country, and that power rests solely with congress, then a declaration of war is simply a means by which congress can authorize the president to initiate armed conflict by committing an act of war. Logically then, if the congress authorizes the president to commit an act of war to initiate a state of war against another country, it has in effect declared that a state of war exists between the US and that country. In other words, if the president cannot legally invade Iraq without a declaration of war, and congress authorizes the president to invade Iraq, then that authorization IS a declaration that a state of war exists between the US and Iraq.

However where it gets sticky for me...ALL of the intelligence seems to have been erroneous. We then either have to believe we have a world full of morons in the intelligence world...or we were lied to. If we indeed were lied to in order to get congressional and popular approval, that's a big problem.

Answer 5

It is illegal under international law. The former UN Secretary General has said so, as has the King of Saudi Arabia.

The UN Charter allows nations to make war under extremely limited circumstances: a) when actually under attack, and/or b) when authorized by the UN Security Council. The UN Charter does not allow nations to unilaterally take military measures to enforce UN resolutions.

The US proposed a resolution shortly before we invaded Iraq which would have made the invasion legal, but withdrew it when it became clear that it was going to lose 13-2. Had there been a majority in favor with a veto by France or China, the adminstration would have more legitimacy than it does, but they withdrew it because they were going to get pummeled.

On the domestic side the Authorization to Use Force in Iraq gave the president authority to

"(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq."

The Security Council Resolutions all had to do with WMD, so those are certainly fulfilled. That leaves number One, which is actually really funny in a way.

The only "whereas" in the resolution that did NOT have to do with prohibited WMD and UN Resolutions were the two about the "known al-Qaeda presence in Iraq" (which at the time was erroneous, or a best a miniscule fraction of what it is now), and Iraqi support for other terrorist groups, which have also increased and multiplied a hundredfold since our invasion.

In sum: dubious under domestic law, counterproductive if not illegal, and flat-out illegal under international law.

Answer 6

No war is illegal. What is in the minds and wills maybe should be but no war is. Only Gods law rules over man. And he has justified many wars. And with this war in respect to what you have asked is a legal war as we were attacked all though the 90's under Clintonista. Only the left like sound bites and catch phrases so they can dupe their followers with lies to gain power.

Answer 7

Nothing, seriously. Bush asked for a declaration of war and the Congress granted it. The indivdual acts of soldiers in a war does not make the war illegal. In every major war since the Geneva Conventions their have been violations by individuals but the war was legal.

Those that claim the war is illegal have no legal backing to say the war is illegal. We are following the Geneva Conventions as we understand them to pertain to terrorists and we did not in any way violate the US Constitution.

Answer 8

Well first off this isn't a war, Congress never declared war. Congress approved of military action, when war is declared certain powers and laws are enacted. Secondly it is legal despite alot of people saying it isn't, Congress approved of it, true it was under false pretenses, but doesn't make it illegal.

Answer 9

There is nothing illegal about it. War was declared in 1991. It was put on hold by a cease-fire but that war, just like the Korean war never officially ended. When then the terms of the cease-fire were breeched hostilities were resumed. Going to Congress to make sure they agreed was very polite but not really neccessary. Everything was done legally.

Even if Bush deliberately lied about the WMDs which I don't think he did, lying is not a crime unless you do it under oath. If we arrested every politician that lied there wouldn't be a single one left in office.

Answer 10

There is nothing illegal about the war, and the liberals in congress and the senate had access to the same intel as did the President. Just another example of the liberal conspiracy theories.