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The Illegal War With Afghanistan

The Illegal War With Afghanistan

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Published by BBC5tv
The Illegal War With Afghanistan
The Illegal War With Afghanistan

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Published by: BBC5tv on Dec 07, 2009
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10/21/2011

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The Illegal War in Afghanistan
 
The unlawful nature of military actionby HM Armed Forces in Afghanistan2001 - 2009
by Chris Coverdale of Make Wars Historycommissioned by John Tipple of Linn & Associatesfor presentation to the military court at Bulfordin defence of L/Cpl Joe GlentonOctober 2009
 
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“War between nations was renounced by thesignatories of the Kellogg-Briand Treaty. Thismeans that it has become throughou practically the entire world an illegal thing.Hereafter, when nations engage in armeconflict, either one or both of them must betermed violators of this general treaty law....We denounce them as law breakers." 
Henry Stimson, USA Secretary of State 1932 
 
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CONTENTS
PageIntroductionThe Brief.3Summary of Findings.3Autho3The Duty to Disobey Unlawful Orders4The legal duty to disobey unlawful orders4Identifying a manifestly unlawful orde6What is an unlawful order?6 Examples of manifestlyunlawful orders7 A soldiers duty todisobey unlawful orders 7The Laws of Wa8Allwar is illegal.
 
8Threatening or attacking a nation state is always illegal
 
9The UN Security Council cannot authorise the use of armed force.
 
9The only legitimate use of armed force is self defence
 
10Pre-emptive attacks are prohibited10Taking part in a war of aggression is a universal crime11Wilful killing is a war crime
 
12Killing a person because of their nationalityis genocide
 
12Deliberately destroying members of anational group is genocide13
 
Leaders are responsible for the war crimes of subordinates14Aiding or abetting a war othe use of armed force is a crime
 
15Every citizen has a legalduty to disobey illegal orders15Unlawful superior orders17Prime Ministerial orders to attack Afghanistan [2001 2009] 17False justification for war20War Crimes23A Crime Against Peace23Genocide24A Crime Against Humanity24War Crimes25Conspiracy26The Offences Against the Person Act 186127Proving intent 27Conclusions28Appendices30UN Charter Chapter VII30UNSCR 138633UNSCR 151035

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