# Is the U.S. breaking a law by attacking Iraq? **URL:** \ **Category:** Factual Questions\ **Created:** [March 20, 2003, 8:54pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896 "2003-03-20T20:54:50Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![Sauron](https://avatars.discourse-cdn.com/v4/letter/s/ce7236/32.png) [@Sauron](https://boards.straightdope.com/u/Sauron)\ **Post date:** [March 20, 2003, 8:54pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/1 "2003-03-20T20:54:50Z")
Prompted by a discussion on the BBQ Pit: Is the United States (and other countries) breaking a law by attacking Iraq? Obviously, I don’t know international law. Another poster referred to this attack as “illegal,” and it made me stop and think. If the attack is illegal, what are the ramifications for the U.S. and the other coalition countries? Anybody know? ---
**Author:** ![daniel801](https://avatars.discourse-cdn.com/v4/letter/d/b2d939/32.png) [@daniel801](https://boards.straightdope.com/u/daniel801)\ **Post date:** [March 20, 2003, 9:06pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/2 "2003-03-20T21:06:26Z")
No, we’re not. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [March 20, 2003, 9:14pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/3 "2003-03-20T21:14:15Z")
There is no such thing as International Law. ---
**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\ **Post date:** [March 20, 2003, 9:26pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/4 "2003-03-20T21:26:43Z")
The US is flouting with impunity several Iraqi laws respecting the crossing of borders, use of airspace, homicide of civilians, arson, and so on. Given the military nature of these violations, however, it’s unlikely that the current Iraqi government, should it survive the assault, would prosecute in civilian courts any American-coalition prisoners they may manage to capture. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [March 20, 2003, 9:45pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/5 "2003-03-20T21:45:36Z")
There is no such thing as international law in the same sense as federal and state law in the US because there is no overarching governing body that has specific enforcement power, courts, and punishment. However, there is most definitely a set of conventions and agreements generally referred to as international law. They are somewhat tenuous, though, in that agreements can be broken, and sometimes power trumps reason. Which is what this situation is all about. Some are claiming that US actions are illegal because it’s agression without a clear interest of self-defense. However, I’m not betting that there will be a trial in Brussels charging Bush with war crimes. There was another thread on this just this week and one poster put a link to a site with an excellent reference for generally accepted international law, though a little heavy reading. ---
**Author:** ![Pencil\_Pusher](https://avatars.discourse-cdn.com/v4/letter/p/b38774/32.png) [@Pencil\_Pusher](https://boards.straightdope.com/u/Pencil_Pusher)\ **Post date:** [March 20, 2003, 9:45pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/6 "2003-03-20T21:45:52Z")
Art. 6 of the U.S. Const > [@](#): > > This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; **and all Treaties made** , or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding. I’ll let others figure out if any treaties were violated. ---
**Author:** ![sstaurus](https://avatars.discourse-cdn.com/v4/letter/s/a88e4f/32.png) [@sstaurus](https://boards.straightdope.com/u/sstaurus)\ **Post date:** [March 20, 2003, 9:47pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/7 "2003-03-20T21:47:18Z")
What will happen to the UN now? If noone will listen to it then why is it there? Some changes will have to be made to it. ---
**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\ **Post date:** [March 20, 2003, 10:13pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/8 "2003-03-20T22:13:26Z")
> [@](#): > > \*Originally posted by Sauron \* > **Is the United States (and other countries) breaking a law by attacking Iraq?** This topic has been debated extensively in GD: [Is the US violating any treaties with the UN by going into Iraq without UN approval?](http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=170695) [What if UN SC says no, US/UK say yes?](http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=160247) ---
**Author:** ![Sauron](https://avatars.discourse-cdn.com/v4/letter/s/ce7236/32.png) [@Sauron](https://boards.straightdope.com/u/Sauron)\ **Post date:** [March 20, 2003, 10:38pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/9 "2003-03-20T22:38:26Z")
Thanks, **brianmelendez**! ---
**Author:** ![js\_africanus](https://avatars.discourse-cdn.com/v4/letter/j/87869e/32.png) [@js\_africanus](https://boards.straightdope.com/u/js_africanus)\ **Post date:** [March 20, 2003, 10:42pm UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/10 "2003-03-20T22:42:45Z")
If I am reading the article right, Michael Byers, who teaches international law at Duke University in North Carolina, says we are breaking int’l law. The article is here. I haven’t read the links provided by **brianmelendez** and I’m no lawyer. Byers’s article is interesting, whatever conclusion the evidence points you to. ---
**Author:** ![SPOOFE](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@SPOOFE](https://boards.straightdope.com/u/SPOOFE)\ **Post date:** [March 21, 2003, 12:36am UTC](https://boards.straightdope.com/t/is-the-u-s-breaking-a-law-by-attacking-iraq/162896/11 "2003-03-21T00:36:27Z")
> [@](#): > > What will happen to the UN now? If noone will listen to it then why is it there? Some changes will have to be made to it. Can’t answer in-depth without getting in a Debate, although I would probably be interested if someone were to start that in the proper forum. To answer your question as GQ-ish as possible, however, either the UN will carry on as it has, undergo some significant internal power shifting to make it a more viable governmental body, or it might possibly go the way of the League of Nations.