We hold these Truths to be self-evident...
The Founders of the US Constitution intended that the power to wage war reside directly under the authority of the peoples’ representatives in Congress. The War Powers Resolution of 1973 (also known as the War Powers Act) has several provisions, but we’ll focus on this part in the section on Congressional Action:
…at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.
A concurrent resolution of Congress requires a majority vote of the members of the Senate and the House.
Another way for Congress to end the wars is to refuse its funding.
Either path would lead to an expeditious safe withdraw of US troops (no one is advocating for an exit that is dangerous to our troops). If Afghanistan feels they need security assistance, they are welcome to ask the UN Security Council.
An important point in evaluating the current wars is that the US invasion was unlawful. Click here for the full explanation of relevant laws. The short version: the UN Charter makes all war unlawful that is not in self-defense to stop an armed attack from another nation and/or authorized by the UN Security Council. The US attacked and invaded Afghanistan four weeks after 9/11, which fails the legal definition of self-defense. The attack was in violation of UN Security Council Resolution 1373, which resolved for international cooperation under the law.
The legal argument is in the link in the preceding paragrapsh, but here are some additional points of evidence that this war is unlawful:
- The Afghan campaign includes evidence of unprosecuted torture and indefinite imprisonment, both violations of the Geneva Convention.
- The US supports an unlawfully elected government in Afghanistan according to expert testimony of US representative to the UN monitoring the Afghan election Peter Galbraith, US Ambassador to Afghanistan Karl Eickenberry, Sir Sherard Cowper-Coles, the British Ambassador to Afghanistan, and Malalai Joya, Afghan politician.
- By their own admission of accounting, the US Department of Defense “loses” trillions of our tax dollars and will not investigate the loss. This is criminal in scope and cover-up.
- According to the CIA, civilian military command refused to end the alleged but unlawful reason for war by capturing Osama bin Laden in 2001.
- The Afghan government volunteered to assist the US with extradition of Osama bin Laden upon presentation of any evidence of guilt of any crime. President Bush, Commander in Chief of the US military, unlawfully refused to provide evidence and unlawfully dictated: "There's no need to discuss innocence or guilt. We know he's guilty." Following UN Security Resolution for lawful action made any military action by President Bush illegal.
- The Iraq campaign is equally unlawful (here and here).
Representative Dennis Kucinich makes his argument (and here) of why the US should end war in Afghanistan in the following 10-minute interview with Amy Goodman.
Comments
Herman, in case you didn't know, Afghanistan's regime shielded the terrorists who masterminded the attacks on 9-11-09. The USA told them to either cough up those responsible or take the consequences. The Afghan regime refused. I don't see it as an illegal war at all.
If a Crip came up to you and stuck a knife in your ribcage, would you seek permission from the L.A. City Council for approval to defend yourself?
Kucinich is a POS who flushed his own city of Cleveland, down the toilet. He thought that qualified him to run for president - yeah, right.
Well, it's not too surprising to see Parishioner kapo of the Church of Zion were the first two - and most likely contracted - to shill the message to melt more placental wrapped fetuses with a hot load of white phosphorous up the birth canal. May Shen Beit allow thou to throat throttle their pipes.
Mr. Louis - a brave born again tuffy like you should enlist and go splatter mother's blood. And my dear dear Luis - the Taliban did what any law abiding nation should do: They asked the 50% plus budget for war whore tug jobs, the very famous once upon a time US of A to present proof. Bin is dead - but before he died he stated twice publicly that he was not involved in 9-11. The FBI admitts on it's web site it does not have the evidence to even indict old skull and bones Bin. Inside Job!
They asked for proof. But we're not in Afghanistan for war - or freedom fries - we're in Afghanistan for dope and money laundering.
Stop feeding the Mohels, girls!
@Cadavre
Absolutely right!
Dennis Kucinich is one of the honest reps in the Congress.
@Luis
On 9/11 your Jewish friends also known under the alias Israel bombed the US.
And now Pakistan! These wars based on LIES have destroyed USrael.
If the world thought the US population would stand and fight its warmongering and Empire-building gov., it thought wrong.
Just look how many stupid tonsured heads in uniform rise to applaud the usuperer! Not one of those imbeciles realizes, after nearly a decade, that these wars are for oil and drugs? Oh, that's right, they never learned to read.
b=usRAEL
If a Crip came up to me and stuck a knife in my ribcage, I would not kill all the women and children of that neighborhood and steal all thier oil and drugs Luis! Think about what is happening and think clearly and deeply if you can because if we dont stop this plunder of the third world soon we might just end up with a few cities in America and England and Israel being flattened! This is exactly where it is headed right now.
Ok so lets kill all the people in chicago because there are a few murderers there. What kind of assinine logic are you republicrats using! We have doubled the drug production of Afghanistan and have stolen vast amounts of oil from Iraq all in the name of freedom? Are you insane? 15 of the Hijackers were from Saudi Arabia, not Iraq! The only weapons of mass destruction was the poison gas that old man Bush gave Sadam! When are people going to learn? Dont be an Idiot all your life! THINK!!! The real axis of evil is USA, UK, and Israel! It is a fact that most of the worlds terrorism begins behind the closed doors of our own CIA. We need a change to an INTELLIGENT way of solving world problems! Terrorism only grows more terrorism! We can no longer afford to have MORONS run the Government, Military and the CIA! Are there really any TRUE CHRISTIANS in America? I doubt it! They are all a bunch of LIARS and hypocrates. Jesus would not launch pre-emptive strikes against nations of the world! If
What a novel approach. The next thing you know some one will want to reinstate the Constitution. Remember Article I,section 8? Only Congress can declare war. The last time that was used was by FDR. We missed the latest boat by not impeaching Bushco. This jellyfish spined congress will do nothing...just like they're paid to do. The only think left for the republic is removal from life support and an autopsy.
Luis,
Thanks for the motivation to add more evidence. Ya know, I wanted to emphasize the link to the legal argument so I isolated it. Making the case the war is unlawful in letter and spirit of law is key for our military and public to refuse cooperation. But you, Luis, demand the facts from other articles so I pasted links. Among them is the refutation of your claim.
Thank you all for the comments. Great analogy to crush Luis' second argument of gansterism.
And Luis, regarding your POS comment: you can tell a lot about a person from the quality of their criticism.
What a laugh. Practically everybody in Congress has an Israeli bar code on their a**, and scads of them are making big piles of money from their stocks in ammunition companies. Not to mention that the Pentagon isn't actually overseen by ANYBODY in CONgress.
I just might have my rib cage come loose if I could see the response from the crooks in the District of Criminals.
I stand by my comments about Kucinich being a POS. The guy flushed his own city down a financial sewer, and then ran for Congress.
The US should have finished the job in Afghanistan, first; before it went into Irag- Bush was an idiot who bit off more than he could chew - he learned nothing of others' mistakes in fighting a war on two fronts.
The Afghan regime never denied it was shielding Bin Laden. It was warned, and refused to turn him over. So it took the consequences.
As far as my self-defense illustration - you people are completely missing the point. If one person attacks another, the latter has every right to defend him/herself. So it is with nations.
Luis:
Let me introduce you to professional standards. Back up your claim about Mr. Kucinich, or you stand on nothing.
The attack on Afghanistan was prohibited by UN Security Council Resolution 1373 and the UN Charter. The FBI and CIA agreed the Afghan government had no link to 9/11. Read the link: the Taliban offered to help arrest bin Laden upon US evidence of his involvement in any crime. The US refused to provide evidence, ignored 1373 and attacked.
Iraq was an unlawful war, also. Luis, if you have any interest in the laws to prevent Wars of Aggression, read the link that explains what “self-defense” means in war. Laws have meaning. The US violated them.
Kucinich is right that these unlawful wars should end. Once you understand the laws of war, Luis, you have a choice. Limit war to legal restraint, or allow dictators to kill at their whim.
Choose carefully; you will have the type of government of your choice.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!