[War/Politics] Is the war legal or illegal? Decide for yourself

From: Brett Paatsch (paatschb@ocean.com.au)
Date: Wed Mar 26 2003 - 23:59:09 MST

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    Hi Extropes,

    Whilst I may continue to debate with some other list
    members the relevance and importance of international law
    it is worth pointing out that international law exists. (It is the
    bases of the Geneva conventions too). That it does exist,
    and that it is important remains common ground to all the
    heads of state of member nations of the UN, but perhaps,
    especially to the heads of permanent security council
    members. Presidents Bush and Chirac do NOT dispute
    the existence of international law, or that their countries are
    signatures to the UN Charter. Rather they DO dispute what
    the law is. And that dispute is crucial both to the nature of this
    war and to the prospects of making any international peace.

    I realize that international law is probably outside the comfort
    zones and normal areas of immediate interest for many people
    including some of the bright capable people who frequent this
    list. But right now is not a good time for smart folks to be
    allowing international law to become a new form of scripture
    and to assume that it can only be interpreted to commonfolk
    by priesthoods of various political persuasions. It has been
    said that democracies get the governments that they deserve.
    And Sagan has written a book that is part of the recommended
    reading list called the Demon Haunted World. I would
    encourage all extropes to look beyond the temptation to
    merely stick with the easy emotional biases that come to all of
    us and to 'take a good look through the telescope' rather than
    just guess at the truth. If extropic goals are to be realised in
    our lifetimes we cannot afford to be too introspective with
    respect to the affairs and politics of the world. Now is not
    the time, international law is not an issue, in which it is
    sensible for people with extropic aspirations to take the
    view that they can afford to be tourists, passengers, or
    uncritical believers. If we do, we become part of the
    problem, part of the inertia against change that we are
    trying to work against. We cede more power to politicians
    and demand of them less accountability each time we fail to
    engage. Death and conservatism are the defaults.

    I commend to those extropes who wish to engage with
    the substantial challenges of our times with their own minds
    directly the following legal opinions for their own personal
    consideration. They are not an easy read necessarily but if
    you accept as I do that the rule of law and the honouring of
    agreements is not irrelevant to extropic aspirations them I
    urge you to recognize that they are an important read.

    Here is a link (one page only and a repost) to the
    Australian and UK Attorney General's argument in support
    of the view that the war would be lawful.

    http://open.gov.uk/NewsRoom/NRArticle/0,1169,223412~801b22~fs~en,00.html

    Now here is a link to one of two opinions provided to the
    Australian Federal Opposition Leader Simon Crean
    arguing, after having had the opportunity to consider the
    above, that the war is illegal.

    http://www.gtcentre.unsw.edu.au/Crean%20Iraq%20Advice.doc

    The other supporting opinion, provided to the Opposition
    leader, and which I have sourced from its author, I can also
    make available to any one that is interested.

    Regards,
    Brett Paatsch

    ---------------------------------------------------------------------
    [Note to newbies]: The views above are only the views of this poster.
       For a statement of Extropian Principles see:
    http://www.extropy.org/ideas/principles.html
       Other documents worth a look:
    The Constitution of the United States of America.
    http://www.law.cornell.edu/constitution/constitution.overview.html
    The Charter of The United Nations.
    http://www.un.org/aboutun/charter/index.html



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