PPRuNe Forums - View Single Post - Court Martial of American Officer for refusing to serve in Iraq
Old 7th Jan 2007, 00:30
  #48 (permalink)  
SASless
 
Join Date: May 2002
Location: Downeast
Age: 75
Posts: 18,300
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FL,
Has there been a legal proceeding anywhere that deliberated the issue and produced a finding that declared the war illegal?

Until such time a court with the proper jurisdiction hears the case and makes a binding decision within the bounds of their legal authority.....I hold without such finding being in existence....the war is legal in that it has not been proven to be illegal.

Since our (UK and US law) common law assumption of innocence is a cornerstone of our adverserial system of prosecution, it would seem to this layman such consideration must be afforded nations as well.

In order to "prove" the war illegal, one must first find a court having jurisdiction over the matter and then institute a proceeding whereby charges of violations of established law can be heard by the convening authority.
Am I wrong in that assumption?

Except for that court, wherever and whatever that may be....are we not engaging in some virtual Hyde Park discourse here?

Let's think back to the original Gulf War....the one where we were there to restore Democracy to a Kingdom. I somewhat giggled when I heard that one thrown out for the peasants to consider.
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