While very persuasive (and an interesting read btw) that report still does not have the definitive weight of a UNSC resolution or UCJ ruling. And as I've said all along, the question of the legality of the original invasion is separate and irrelevant to the legality of the continued US presence in Iraq. I've been trying to avoid getting sucked into a discussion about the initial invasion only because I don't believe it's relevant to this specific discussion. That's all.
One last time: while the UN Security Council resolutions from UNSCR 1483 on, that you list, do not ipso facto make the occupation legal. There is not specific language declaring it to be legal, and absent that language, you cannot imply it to exist.
This is just it though, those resolutions (especially UNSCR 1511) are unambiguous and specific in making the presence of US-led coalition forces in Iraq legal. Your incorrect analysis of their content suggests that you don't have much experience in reading and interpreting UNSC resolutions and other instruments of international law. That's ok, but it might be worth scheduling a chat with an international law professor at a university near you if you want a deeper understanding.
(By the way, as I understand it, squatters rights only are possible when you don't break the law to enter.)
Not true, I mentioned that bit specifically because some countries have laws which enforce squatters' rights even when the initial occupation was unlawful. It makes sense though, as just because an initial action may be illegal it does not automatically render every subsequent action illegal.
I also think that Iraq is better off now, but that's an obtuse point.
I agree that it's pretty obtuse. I only mentioned it because you said that the people of Iraq will never see any of Iraq's wealth. I found that a curious statement. Perhaps I misinterpreted what you were trying to say.
In summary, I responded to your original post only because of one claim you made, which is that US forces are in Iraq illegally right now. The fact remains that even if you reject my assertion that the UNSC resolutions explicitly legalised the presence of US forces in Iraq under a Chapter VII mandate it still does not justify your claim that US forces are illegally occupying Iraq, because the US-Iraqi Status of Forces Agreement created an entirely new and separate legal framework under which US troops remain in the country. As a treaty between two sovereign governments, the SOFA supersedes anything that came before it and is unaffected by remaining questions about the legality of the initial invasion. It just makes no sense to refer to the current presence of US forces in Iraq as an 'illegal occupation' in 2010.
>You might want to read this: http://www.guardian.co.uk/world/2010/jan/12/iraq-invasion-vi....
While very persuasive (and an interesting read btw) that report still does not have the definitive weight of a UNSC resolution or UCJ ruling. And as I've said all along, the question of the legality of the original invasion is separate and irrelevant to the legality of the continued US presence in Iraq. I've been trying to avoid getting sucked into a discussion about the initial invasion only because I don't believe it's relevant to this specific discussion. That's all.
One last time: while the UN Security Council resolutions from UNSCR 1483 on, that you list, do not ipso facto make the occupation legal. There is not specific language declaring it to be legal, and absent that language, you cannot imply it to exist.
This is just it though, those resolutions (especially UNSCR 1511) are unambiguous and specific in making the presence of US-led coalition forces in Iraq legal. Your incorrect analysis of their content suggests that you don't have much experience in reading and interpreting UNSC resolutions and other instruments of international law. That's ok, but it might be worth scheduling a chat with an international law professor at a university near you if you want a deeper understanding.
(By the way, as I understand it, squatters rights only are possible when you don't break the law to enter.)
Not true, I mentioned that bit specifically because some countries have laws which enforce squatters' rights even when the initial occupation was unlawful. It makes sense though, as just because an initial action may be illegal it does not automatically render every subsequent action illegal.
I also think that Iraq is better off now, but that's an obtuse point.
I agree that it's pretty obtuse. I only mentioned it because you said that the people of Iraq will never see any of Iraq's wealth. I found that a curious statement. Perhaps I misinterpreted what you were trying to say.
In summary, I responded to your original post only because of one claim you made, which is that US forces are in Iraq illegally right now. The fact remains that even if you reject my assertion that the UNSC resolutions explicitly legalised the presence of US forces in Iraq under a Chapter VII mandate it still does not justify your claim that US forces are illegally occupying Iraq, because the US-Iraqi Status of Forces Agreement created an entirely new and separate legal framework under which US troops remain in the country. As a treaty between two sovereign governments, the SOFA supersedes anything that came before it and is unaffected by remaining questions about the legality of the initial invasion. It just makes no sense to refer to the current presence of US forces in Iraq as an 'illegal occupation' in 2010.