Friday, January 19, 2007

Next Hard Place Will Have Bars

Lt. Watada is going down. However true Karl's points on International Law might be, they have virtually no force in U.S. Courts, and not just for the obvious reason that it would give American troops around the world a license to disobey orders. As a matter of constitutional law U.S. courts are not bound to consider laws that are not part of the "organic law" of the United States. Because the U.N. Resolutions Karl mentions have not been adopted into U.S. law--that is, they aren't the product of a constitutional amendment, statute, treaty or court decision--they have no binding force in U.S. jurisprudence.

I'd wager that, for the above reasons and a hundred other obvious ones I haven't time to mention, like the impracticality of allowing individual soldiers to determine the legality of foreign wars, Lt. Watada's attorneys won't even raise them.

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