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November 03, 2005

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Alex

I wouldn't assume, though, that Hussein's capture was in violation of international law. Certainly it's arguable -- but it's also arguable that it was justified by his violation of 1441 (if one can construe that resolution as being self-enforcing), or, for that matter, Iraq's continued violation of the original cease-fire agreement at the end of the Gulf War that became a UN resolution (whose number I forget). If the Gulf War was internationally legal, then I'd argue that any material breach of the agreement that ended that war automatically made further military action legal as well, even without 1441.

Anyway, I'm not 100% convinced of this argument, but I'm also not really convinced that international law exists in any meaningful form. If it does, though, then surely kidnapping someone from another country with whom you don't have hostilities is a violation of it -- but Hussein's overthrown is as clear of a case, that's all.

Alex

That should read "not as clear of a case"

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