ARmy Rumour SErvice

**Bits** · 18-10-2005, 15:52

Just seen this:

http://news.bbc.co.uk/1/hi/scotland/4347220.stm

I know PTP has very strict rules on discussing forthcoming court cases, and I do not wish to discuss the case itself.

There are loads of us who have quietly harboured similar reservations about this war, and most of us have now reached the conclusion that what is done is done, and so the best we can do now is to make the best of it.

However, if he wins his case, are there not very serious implications for every other officer who has served in Iraq, since their actions could very well be considered illegal under international law? Are there not also very serious implications for the government?

Could someone with a better understanding of international law comment on what this case could mean for the rest of us?

This case could be one to watch, even if we cannot discuss the details of the case here.

[Edited to add working link to BBC, replacing Times link broken]

**PartTimePongo** · 18-10-2005, 15:58

Dear all,

Please, as Bits requests and as I direct, do not talk about the specifics of the upcoming CM. I'm not interested in seeing "White feather" type posts or bringing this man's reputation into disrepute either.

As Bits says, this could have "interesting" results. Please bear in mind , I don't want to pull the thread because people insist on talking about the impending case, as opposed to how the result could affect us all, not just the ruling classes.

Thanks

PTP

Goku · 18-10-2005, 16:12

Bits

That link isn’t working for me, any chance you could post the article as well?

**Bits** · 18-10-2005, 16:33

Also here in the Mirror:

http://www.mirror.co.uk/news/topstor...name_page.html

And the working Times link:

http://www.timesonline.co.uk/article...828054,00.html

Also:

http://www.stuff.co.nz/stuff/0,2106,3446580a10,00.html

And the most comprehensive article I've seen so far:

http://prisonplanet.com/articles/oct...AF_officer.htm

**Filbert Fox** · 18-10-2005, 16:42

http://www.timesonline.co.uk/article...828893,00.html

**CrapSpy** · 18-10-2005, 16:47

This will be interesting, can an RAF Officer refuse to obey an order if:

1. He knows it to be illegal.
2. He believes, or has grounds to believe, the order is illegal.
3. Anybody can reasonably expect him to believe the order is illegal.

And I've just been trawled!

**Plastic Yank** · 18-10-2005, 16:49

Can someone please tell who has declared this war illegal? What court of law has stated or declared this?

Also, just because the UN did not sanction a war does not make it illegal. If people believe this, then i suggest they point out chapter and verse where the UK and US have signed up to this.

**Filbert Fox** · 18-10-2005, 16:53

Do you watch the news or read newspapers? its been on for months about the legality of the war, some crazy folk are saying that you cant bomb someone back to the stoneage just because you dont like their leader. crazy I tells ya!!

**Bits** · 18-10-2005, 16:54

Originally Posted by Plastic Yank

Also, just because the UN did not sanction a war does not make it illegal.

I agree, but if, as you point out, if we have signed up to a treaty or convention, then failure to observe the terms of such could mean that our actions are illegal.

I wish I knew more about this. Surely someone out there must at least have completed some international law module at university or something?

**KGB_resident** · 18-10-2005, 16:57

What would be my decision about legality of Iraqi war if I were a judge?

It was legal. Elected British parliament, legal British government made a decision. Was it right or wrong... no matter the decision was made using legal procedures.

As to international law then it has lower priority in comparison with national one. We can discuss question about illegality from point of view of international law but it is irrelevant in our case.