The Iraq War Is Now Illegal

[annabanana]

http://www.alternet.org/waroniraq/116898/

Ongoing combat in Iraq is illegal under US law. As of January 1, Congress' authorization of the war expired.

The Bush administration's infatuation with presidential power has finally pushed the country over a constitutional precipice. As of New Year's Day, ongoing combat in Iraq is illegal under US law.

In authorizing an invasion in 2002, Congress did not give President Bush a blank check. It explicitly limited the use of force to two purposes: to “defend the national security of the US from the threat posed by Iraq” and “enforce all relevant UN Security Council resolutions.”

Five years after the fall of Saddam Hussein, the government of Iraq no longer poses a threat. Our continuing intervention has been based on the second clause of Congress' grant of war-making power. Coalition troops have been acting under a series of Security Council resolutions authorizing the continuing occupation of Iraq. But this year, Bush allowed the UN mandate to expire on December 31 without requesting a renewal. At precisely one second after midnight, Congress' authorization of the war expired along with this mandate.

Bush is trying to fill the legal vacuum with the new Status of Forces Agreement (SOFA) he signed with the Iraqis. But the president's agreement is unconstitutional, since it lacks the approval of Congress. Bush even refused to allow Congress access to the terms of the deal. By contrast, Prime Minister al-Maliki followed his constitution and submitted the agreement for parliamentary approval. While the Iraqi parliament debated its terms, leading members of Congress were obliged to obtain unofficial English translations of texts published by the Arab press.

MUCH more at link!

[Mari333]

1. as far as I am concerned its always been illegal nt

[annabanana]

2. It has been de facto illegal. Now it is illegal du jure. . . .n/t

[rhett o rick]

7. I will have the soupe du jour. nm

[TankLV]

23. I hope it's Onion - I love onion soup...

[rhett o rick]

27. What does onion soup have to do with the illegal Iraqi War? Ah yes onion soupe

with french bread to dip.

[ixion]

4. exactly

it was an illegal invasion from day one.

[Orrex]

3. But see, we're not engaged in combat. We're there as a stabilizing and peace-keeping force.

And Oceania has always been at war with Eurasia.

[acmavm]

5. Didn't bush** declare the war over on an aircraft carrier a few years back?

[annabanana]

6. nonono... That was "major combat operations"

not the war duh

[ProfessorGAC]

12. So, How Do We Define "Major"

Cuz, there's still people getting shot at and blown up. If i was one of those getting shot at or near explosions, i'd still be confused into believing it was major.

Know what i mean?
GAC

[acmavm]

13. Oh. I get my war phases all mixed up.

[rhett o rick]

8. How do you declare a non-war over? nm

[mike_c]

9. it has ALWAYS been an illegal war of aggression....

Remember, the German legislature provided legal coverage for Hitler's aggression in the 1930s. That had ZERO credibility at Nuremberg. No country's legislature has the authority to legalize war crimes or genocide, or at least that authority has no international standing. The IWR has always been a worthless document with no other purpose than to attempt to legitimatize a criminal war of aggression. It is one of the most shameful pieces of legislation the U.S. Congress has ever passed.

[DavidDvorkin]

10. Congress will be right on this, I'm sure

Along with the mainstream media.

[Mari333]

11. heh. and Im the Queen of England nt

[DavidDvorkin]

14. :)

[rhett o rick]

26. Wow, the Queen of England blogs on DU. Kool man. nm

[Lint Head]

15. What war? War was never declared. The same thing happened during

Vietnam. :dem:

[Gregorian]

22. Thanks. I love it when people remember this little detail.

I especially hate it when they call it a war, on the "news".

[BuyingThyme]

16. Oh my goodness.

[OneBlueSky]

17. the Iraq war has been illegal from Day 1 . . .

and immoral . . . and unethical . . . and just plain stupid . . .

[ThomWV]

18. And like all the other illegal activity from this Administration it will go unchallenged

[zorahopkins]

19. IMPEACH The Bastard!

It is STILL not too late to impeach both Bush and Cheney for their on-going uuar crimes!

Congress MUST have this as its first order of business -- and it MUST be put on a very fast track.

This illegal and immoral and totally unnecessary (except for oil profiteers!) uuar has been uuage by Bush and Cheney and they both MUST be held accountable for their terrible crimes!

They MUST not be allouued to leave office uuithout being impeached!

IMPEACH THE BASTARDS -- NOW!

Note: In protest of the continuing occupation of OUR Uuhite House by the illegal and totally corrupt Bush/Cheney regime of thugs and cronies, I REFUSE to use the letter betuueen "V" and "X". Instead, I use a "double u", as in Uuhite House".

[zorahopkins]

20. IMPEACH The Bastard!

It is STILL not too late to impeach both Bush and Cheney for their on-going uuar crimes!

Congress MUST have this as its first order of business -- and it MUST be put on a very fast track.

This illegal and immoral and totally unnecessary (except for oil profiteers!) uuar has been uuage by Bush and Cheney and they both MUST be held accountable for their terrible crimes!

They MUST not be allouued to leave office uuithout being impeached!

IMPEACH THE BASTARDS -- NOW!

Note: In protest of the continuing occupation of OUR Uuhite House by the illegal and totally corrupt Bush/Cheney regime of thugs and cronies, I REFUSE to use the letter betuueen "V" and "X". Instead, I use a "double u", as in Uuhite House".

[Lydia Leftcoast]

21. It always WAS illegal according to international law and the Nuremberg Principles

Remember that the Nazis were condemned for "waging aggressive war."

[baldguy]

24. Right. The Iraq War has ALWAYS been illegal.

[malaise]

25. It has always been illegal

Have the invaders and occupiers left yet?