No you are avoiding an important fact, I am guessing on purpose.
International law (which we were part of creating and agreed to) states we must meet one of the two criterias....we did bring it to the UN for sanctioning and they said no. Its really that simple. We can try to search for and cling to any loop hole we create, but it wont change ANYTHING at all.
We have no legal or moral basis for what we have done here.
Its also interesting to note that in the nuremberg trials it was determined that wars of aggression meant that EACH AND EVERY death was MURDER even if you followed the laws of war (not killing enemies you take prisoner, doing your best to avoid civilian casualties etc). This was somthing laid into the moral and legal fabric by the allies after WW2, yet here we are violating that very concept.
BTW, there are 2 components to a war. If the cause is just and if the actual battle is fought justly. I would say the cause is not just, I would say that the battle is not fought justly but that there are the majority of soldiers who DO themselves fight the war justly and do their best to abide by the rules of war. Of course, that cant change that all their kills are deemed murder since its an aggressive war and it cant change the unjust targets they are given or the unjust orders they are given.
I think this soldier illustrates the complicated nature of a soldier ordered into an unjust war.
http://armyofdude.blogspot.com/
And there the US is repeating the same ol mistakes. Is this not supporting terrorists? Did he not just compare the group the US is supporting to a nazi group? This is not a new tactic for the US, its just one thats proven to be bad and comes back to haunt over and over. The islamic extremists we supported, armed, trained and funded in afghanistan against the USSR later merged and formed the taliban....was that really a wise move on our part? Should we repeat actions that inevitably lead to outcomes we claim to fight against?
Theres a soldier who dosent mind admitting that what he is doing there is wrong...he isnt the only one either.