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Add to that the fact that the judge has barred him from making the argument that the war is illegal, and there's not much left for this court martial to do but determine his punishment.
NPR: War Critic Watada Faces Court Martial
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That is certainly the case - and it is an argument that is put into practice every day in The Hague at the international war crimes Tribunal for the former Yugoslavia.
BBC: NEWS | Europe | Belgrade's cautious apology
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There's something a little trite about the argument that this is "a new way of war".
BBC: Obama ends the long war
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If this was the founding precedent, the deepest argument for the irrelevancy of the declaration of war is to be found in nuclear weapons.
FORBES: What Happened To The American Declaration Of War?
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Robin: There is the argument that you could continue providing food for as long as you like but as long as the war continues there is going to be continuing need for this kind of assistance.
BBC: Sudan - should we do more?
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The anti-bubble argument, according to Ho, is that the reason for the war for talent is that demand for the consumer web is so large that there are simply not enough great people to build all the products needed to satisfy that demand.
FORBES: Why FiveStars Moved From Silicon Valley to San Francisco
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The Iraq war is no longer the most important issue on the minds of voters (the economy is), and election-year debate about the war, formerly an argument about strategic failure, now must also account for provisional successes.
NEWYORKER: The General��s Dilemma
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It is not clear which argument will prevail with voters (now, they distinguish between the two conflicts, saying war against Iraq was not worth the cost but supporting the war on terror by wide margins).
ECONOMIST: Why George Bush needs to be careful, rather than daring
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John Smith, head of Air Traffic Management strategy at Thales, told the BBC that the two issues make a compelling argument for change but admits that not everyone is persuaded that the current system, which has been in use since World War Two, needs an overhaul.
BBC: UK mulls 'radical' shake-up of air traffic control