For me, the most jaw-dropping part is the following anecdote:For me, the most jaw-dropping part is the use of "internecine":
At one point, the leaders swapped ideas for a postwar Iraqi government. "As for the future government of Iraq, people would find it very odd if we handed it over to another dictator," the prime minister is quoted as saying.
"Bush agreed," Mr. Manning wrote.
Mr. Bush predicted that it was "unlikely there would be internecine warfare between the different religious and ethnic groups." Mr. Blair agreed with that assessment.Well, not really. I always kinda knew the aw-shucks good-ol-boy thing was an act.
Q I'd like to ask you, Mr. President, your decision to invade Iraq has caused the deaths of thousands of Americans and Iraqis, wounds of Americans and Iraqis for a lifetime. Every reason given, publicly at least, has turned out not to be true. My question is, why did you really want to go to war? From the moment you stepped into the White House, from your Cabinet -- your Cabinet officers, intelligence people, and so forth -- what was your real reason? You have said it wasn't oil -- quest for oil, it hasn't been Israel, or anything else. What was it?Laura Bush:
THE PRESIDENT: I think your premise -- in all due respect to your question and to you as a lifelong journalist -- is that -- I didn't want war. To assume I wanted war is just flat wrong, Helen, in all due respect --
No American President ever wants to go to war. Abraham Lincoln didn't want to go to war, but he knew saving the Union required it. Franklin Roosevelt didn't want to go to war -- but he knew defeating tyranny demanded it. And my husband didn't want to go to war, but he knew the safety and security of America and the world depended on it. (Applause.)(Vomit.)
Art. 23. In addition to the prohibitions provided by special Conventions, it is especially forbiddenConvention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land.
(a) To employ poison or poisoned weapons;
(b) To kill or wound treacherously individuals belonging to the hostile nation or army;
(c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;
(d) To declare that no quarter will be given;
(e) To employ arms, projectiles, or material calculated to cause unnecessary suffering;
(f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;
(g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;
(h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.
As with many areas of international law, the status of assassinations is relatively ambiguous. The clauses that traditionally have been construed as prohibiting "targeted killings" are far from clear prohibitions. In the Hague Convention (II) with Respect to the Laws and Customs of War on Land (29 July 1899), Article 23b states that it is prohibited "to kill or wound treacherously individuals belonging to the hostile nation or army." Treachery is not explicitly defined, and it can be argued that using missiles to attack a car in which a target is traveling, while brutal and having a high probability of injuring bystanders, does not fall within the purview of treachery. Similarly, targeted killings can be argued to fall outside the Protocol I Article 37 prohibition on killing, injuring, or capturing "an adversary by resort to perfidy"—described as "acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence." Article 37 gives examples of perfidy including "the feigning of an intent to negotiate under a flag of truce or surrender" and "the feigning of civilian, non-combatant status." The manner in which Israel and the United States have engaged in targeted killings does not meet this definition of perfidy because neither state leads targets to believe that they are protected by international law.I hate to nit pick, but if we're going to attack the Bush administration for doing silly things, lets at least stick to the things we're 100% clear were silly, that's all I'm saying.
It is sheer laughable ignorance to suggest that the President deciding to take out a foreign leader is 'illegal' because of an Executive Order.
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It is not "the law of the land" in the sense that you're thinking of. It's the law of the executive branch, and applies to everyone who works for the President. But the President doesn't work for himself. (And it does not apply to Congress, or the courts, or to private citizens like you and me.)
President Bush vacated that particular executive order, and it no longer is in force.
posted by Steven C. Den Beste at 11:13 PM on March 26, 2006