[RummyChick]

yes I think they will because Judge napalatano on fnc said an argument could be made that it was illegal since war had not been declared ..or something like that

[Cboldt]

War was declared. Plus, invoking legal arguments is something the victor does, not the loser.

[austex]

so my masters degree is in international relations - here is a portion of a study that I wrote - maybe this will help explain international law a bit in regard to war The Hague conference attempted to even define belligerents and means of injuring an enemy. Article one states: The laws rights and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1) to be commanded by a person responsible for his subordinates; 2) to have a fixed distinctive emblem recognizable at a distance; 3) to carry arms openly; and 4) to conduct their operations in accordance with the laws and customs of war The irony of this is it does not take into account that most attacks in acts of war are surprise attacks - an oft - utilized military tactic negating the distinctive emblem proviso. In addition, rarely do aggressors conduct their operations in accordance with the laws of war seeing as how the Hague Conference prohibits war therefore if it is illegal why would they follow rules that they have already broken by engaging. The UN charter maintains that every nation has a right to self –defense in Article 51 while it vehemently condemns aggressive acts of war. However, an aggressive attack could feasibly be to counteract an imminent attack in which case it would be considered self-defense as in the Israeli Six Day war. There are not provisions for exceptions such as these. If one were to truly speculate on acts of war it seems as though most wars would be an exception to the traditional notion of war. While treaties and covenants attempt to make rules and define acceptable measures of human conduct, one cannot account for every nuance involved in acts of war and self –defense and thus the laws are almost rendered ineffective because of the paradox that exists within states that are engaged in conflict.