My Ears Burning at the Straight Dope Forum
So I closed my eyes and clicked on my AdFree Stats link at random. Sure enough, someone had accessed my site through the Straight Dope forum.
Somehow the conversation there turned to Riverbend, and a poster had recommended this lil' shack as a supplement to her blog. (Thanks Ryan Liam. I'm honored!)
Then someone started talking smack about me and this blog, sooooo I jumped into the mix.
Here's the conversation. Enjoy. :)
By the way, I included in that give-and-take my challenge to any Unrealist who thinks the removal of Saddam was illegal or a war-crime:
If Saddam was removed "illegally" then he should released from jail, returned to power, and compensated with the funds and weapons necessary to put down the newly empowered opponents of his regime. If you don't believe that should happen, then you don't really consider the act illegal. Pick one.
I've yet to get an Unrealist to admit that Saddam should be reinstated or to explain why he shouldn't be even though the invasion was illegal. But the offer still stands. In fact, if any Unrealist is willing to take this statement on -- answer it honestly or explain why the alternatives are irrelevant -- I'll post his responses in full on this blog.
[UPDATE]
I finally got a taker on my challenge. He/She didn't leave a name, did make a valient attempt:
Your challenge doesn't stand up to much scrutiny. Most opponents of the war were also opponents of Saddam. His removal was the silver lining of an extremely large cloud. Naturally that does not make an unprovoked attack on a sovereign country legal, and overall it has probably done much more harm than good. That's no reason to undo the single good thing that came out of it.
A similar argument to yours would be the following:
A burglar breaks into a house. When he gets in, he finds a man having a heart attack and calls an ambulance, saving the man's life, before escaping with his life savings. If you think the burglary was an illegal act, you should have the homeowner killed, as he was only saved because of an illegal act. If you think the homeowner should be allowed to live, you don't believe the burglary
was illegal (and you should let the burglar keep the man's life savings).
Nice try. You seem to be suggesting that the INVASION was illegal, but deposing Saddam was not. I'm sorry, but that simply won't fly:
Saving a life is perfectly legal. If the invasion was illegal -- a war crime -- then removing Saddam Hussein was NOT legal.
Any response?
[UPDATE]
Jeff Kantor has taken up my challenge. Nicely done too. I suspect I am about to cry "Calf Rope".
Get your user's certificaton in International Law in the Comments section of this post.
BTW I screwed up my last response. Jeff's quotes and my response are inexplicably set in the same paragraphs, but Jeff's words are italics and that is how you will know the difference.
[UPDATE -- "Calf Rope!"]
Okay. Jeff Kantor has definitely proved his point. IF the invasion of Iraq were illegal under international law, then it WOULD NOT require that Saddam be released, reinstated, and provided with funds and munitions to fend off his enemies.
International law is not what it would appear to be...not even as what it's most fierce propronents seem to think of it. His response is too long and involved to do justice here but I definitely recommend you read it in the Comments section of this post.
However, I don't think his explanation of international law and why Saddam can be left in history's ashtray is really what the unrealists have in mind when they call the invasion illegal.
CMAR II says "Check it out"
8 Comments:
Jeff,
Thanks! Yes, that murder is very disturbing, I heard about it on TV this morning. Very worrying. Which again points out that if we were not fighting terrorist in Afghanistan and Iraq today, we would be fighting them (even more so) in the U.S.
I'm working a following post for here regarding the validity of Dr. Khalidi's claim that the 1920 rebellion was sparked by the murder of Leachman in Fallujah. As a preview, I'll tell you now:
LEACHMAN WAS NOT ASSASSINATED IN FALLUJAH AND HIS MURDER DID NOT SPARK THE REBELLION
Dr. Khalidi was wrong about this and, from what I can determine, Dr. Ali Fadhil was probably right in his guess that Khalidi's version came from a Saddam error propaganda movie.
By CMAR II, at 9:17 AM
Hey CMARII, its Ryan_Liam here, just to say you're not alone in this campaign for the truth of Iraq.
Keep in touch. Join the forum, you would add some serious weight to my arguments :)
Regards.
By Anonymous, at 3:35 PM
CMARII, Bravo!
By Anonymous, at 7:41 AM
Your challenge doesn't stand up to much scrutiny. Most opponents of the war were also opponents of Saddam. His removal was the silver lining of an extremely large cloud. Naturally that does not make an unprovoked attack on a sovereign country legal, and overall it has probably done much more harm than good. That's no reason to undo the single good thing that came out of it.
A similar argument to yours would be the following:-
A burglar breaks into a house. When he gets in, he finds a man having a heart attack and calls an ambulance, saving the man's life, before escaping with his life savings. If you think the burglary was an illegal act, you should have the homeowner killed, as he was only saved because of an illegal act. If you think the homeowner should be allowed to live, you don't believe the burglary was illegal (and you should let the burglar keep the man's life savings).
Pick one...
By Anonymous, at 11:21 AM
CMARII,
Enjoyed the read on your linked thread the discussion went very well, IMHO.
Interesting this topic came up again, for me J.Coles's claim that Fallujah received 'massive air strikes' in 1920 seemed more likely an overstated view of history from this overblown ME expert, as others have stated before. Good eye C~II, can't wait to see more of this ongoing thrashing of J.Coles's side stepping of Ali's questions. I left your link at Ali's as he might enjoy the read as well.
<>
By leap_frog, at 10:01 PM
Leap Frog,
Ooh! I didn't even think to do that. Thanks.
By CMAR II, at 9:31 AM
Jeff,
Thanks for the comment. I want to consider and respond to it on the main thread (even to offer a concession if necessary), but I want to make sure I understand it first. This is a way more nuanced argument than I've ever faced before.
Are you saying this?:
"There's 'legal' at the UN, and then there's 'legitimacy' by custom. It might have been illegal for a UN member to invade Iraq, but once she did, she is the 'legitimate' ruler."
Hmmmmm....but that legitimacy would seem to be only important when it comes to responsibilities of rule -- not to actually having the right to be there. Or maybe it means more, I'm not sure.
If the invasion were illegal, wouldn't the only remediating act be to return Iraq to as close as possible to the way it was BEFORE the invasion? I know that there is no government that practically could force the US to do that; but if it could, would that be what it would be expected to do?
Everytime I try to get my mind around this argument, it slips away.
Am I making a mistake in that when I that when I think of International Illegal, I am drawing mental analogies to Domestic Illegal? Is International Law such a different animal that such an analogy makes all subsequent propositions erroneous?
My visceral response to this argument is "Oh! So it was illegal. Big deal." But I somehow I don't think I'm entirely grasping this professor's point.
Something needs to be nailed down more distinctly: either your professor's point (who certainly qualifies as an expert) or my understanding of the nature of International Law.
Now, I believe that a government that is not founded on a social contract with its people in fundamentally illegal. Saddam's terror regime, supported by some fraction of the 20% Arab Sunnis in Iraq certainly qualifies in my book. So overthrowing it and establishing an electorally responsible government is legitimate by definition. But that's beside the point.
By CMAR II, at 9:38 AM
I feel dreadful taking up all this space on your blog.I can't imagine better use of this space right now. If you are willing to continue to discuss this here, that would be my preference. If not, just respond directly to me next time via email. crymeariverbendii at yahoo.comI’m not asking for a retraction and I think you’re being a great sport.Honestly I'm perfectly willing to offer a retraction when I am convinced one is due. It won't even be all that painful. Just an admission that if the invasion was illegal, Saddam doesn't have to be reinstated...in other words I need only admit that IF something I don't believe happened had happened, THEN it would NOT ethically require something to happen that I don't want to happen but certainly won't happen anyway.
Conflict between local law and state law, which controls? State law. Between state and federal law? Barring constitutional issues, federal law. Between federal law and international law? FEDERAL LAW. You expect the ranking to jump to international. But it just doesn't. We are a world of sovereign nations.Ah! Now the whole claim of the illegality of the war breaks down. If the President were authorized to invade Iraq by Congress (as he was), then was the invasion illegal under international law? Particularly (but regardless of this fact actually) when the UN did not explicitly forbid the action?
Well, think of adverse possession in domestic law. If you take land and keep it and use it, eventually it becomes yours. There are many differences here, but the essential pragmatic basis is the same.I am very glad you brought this up. What about rare works of art stolen from Jews in Nazi Germany. No matter how many subsequent owners there have been, the painting must be returned to heirs of the original owner. Or is this a case of DOMESTIC law?
One last thing, if I adopt this argument, then it seems to me that it devastates the claim that the "Occupation" or the interium government it set up is objectively illegitimate. Since pragmatism is all that matters, the Ba'athists are the ones that are illegitimate now, since they have lost control of 95% of the country. Do I have this right?
Democracy don't rule the world
You best get that in your head.
This world is ruled by violence,
But I guess that's better left unsaid.--Bob Dylan, Union Sundown
By CMAR II, at 3:45 PM
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