Determination of the legality in international law of direct intervention in Iraq on the authority of Security Council Resolution 1441

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Publisher : GRIN Verlag
ISBN 13 : 3638232018
Total Pages : 16 pages
Book Rating : 4.6/5 (382 download)

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Book Synopsis Determination of the legality in international law of direct intervention in Iraq on the authority of Security Council Resolution 1441 by : Patrick Wagner

Download or read book Determination of the legality in international law of direct intervention in Iraq on the authority of Security Council Resolution 1441 written by Patrick Wagner and published by GRIN Verlag. This book was released on 2003-11-17 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), language: English, abstract: International law provides for a general prohibition of the use or the threat of use of force to settle international disputes. Only very few exceptions from this rule exist and are clearly defined in the UN Charter. The question must thus be, if resolution 1441 constitutes such an exception of the rule and thus authorises the use of force against Iraq. A close examination of the resolution shall therefore be the starting point of this discussion. However, it must be said that the wording of any Security Council resolution is subject to individual interpretation. A second step must thus be to apply rules for the interpretation of Security Council resolutions if such rules exist at all. It appears that only very little authoritative guidelines to the interpretation of Security Council resolutions exist and that thus the only reliable source of guidance is previous interpretations. Those promoting direct intervention in Iraq without a further resolution refer to NATO bombings of Kosovo. Similarly to the present situation in Iraq, the Security Council did not explicitly authorise the use of force in that case either. Later, the international community claimed that because no agreement could be reached in the Security Council, military action without Security Council authorisation was necessary in order to prevent genocide. The argument being of course, that a legitimate aim could justify the use of illegal means. The question whether direct intervention in Iraq can be legitimate on the basis of resolution 1441 seems to be a much broader question, which embraces moral and ethical considerations, too. Unfortunately, a discussion of the moral and ethical legitimacy of intervention in Iraq cannot be the topic of this essay. Nevertheless, it is important even in legal considerations to keep these aspects of the debate in mind, because the Security Council itself is not a purely legal but a political institution and any of its decisions is determined by more than just legal factors. After having looked at the Kosovo case and its implications for the present situation it seems to be essential to examine the role of customary law for the Iraq conflict. This is because if an opinio juris has emerged among states to forcefully intervene for humanitarian or other reasons resolution 1441 would not be needed to authorise the use of force.

Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441

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Publisher : GRIN Verlag
ISBN 13 : 3638747190
Total Pages : 36 pages
Book Rating : 4.6/5 (387 download)

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Book Synopsis Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441 by : Patrick Wagner

Download or read book Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441 written by Patrick Wagner and published by GRIN Verlag. This book was released on 2007-10 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), 12 entries in the bibliography, language: English, abstract: International law provides for a general prohibition of the use or the threat of use of force to settle international disputes. Only very few exceptions from this rule exist and are clearly defined in the UN Charter. The question must thus be, if resolution 1441 constitutes such an exception of the rule and thus authorises the use of force against Iraq. A close examination of the resolution shall therefore be the starting point of this discussion. However, it must be said that the wording of any Security Council resolution is subject to individual interpretation. A second step must thus be to apply rules for the interpretation of Security Council resolutions if such rules exist at all. It appears that only very little authoritative guidelines to the interpretation of Security Council resolutions exist and that thus the only reliable source of guidance is previous interpretations. Those promoting direct intervention in Iraq without a further resolution refer to NATO bombings of Kosovo. Similarly to the present situation in Iraq, the Security Council did not explicitly authorise the use of force in that case either. Later, the international community claimed that because no agreement could be reached in the Security Council, military action without Security Council authorisation was necessary in order to prevent genocide. The argument being of course, that a legitimate aim could justify the use of illegal means. The question whether direct intervention in Iraq can be legitimate on the basis of resolution 1441 seems to be a much broader question, which embraces moral and ethical considerations, too. Unfortunately, a discussion of the moral and ethical legitimacy of intervention in Iraq cannot be the topic of this essay. Nevertheless, it is important even in

The Iraq War and International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314589
Total Pages : 386 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Iraq War and International Law by : Philip Shiner

Download or read book The Iraq War and International Law written by Philip Shiner and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.

International Law and the Use of Force

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Publisher : Oxford University Press
ISBN 13 : 0192536443
Total Pages : 480 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Law and the Use of Force by : Christine Gray

Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-08 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

International Law in Domestic Courts

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Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

A New International Legal Order

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Publisher : BRILL
ISBN 13 : 9004328548
Total Pages : 379 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A New International Legal Order by : Chia-Jui Cheng

Download or read book A New International Legal Order written by Chia-Jui Cheng and published by BRILL. This book was released on 2016-10-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a new international legal order in the use of force, self-determination, environmental law in practice, the new law-making role of international organizations, international economic law, air and space law, as well as humanitarian law.

Temple international and comparative law journal

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Publisher :
ISBN 13 :
Total Pages : 1188 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Temple international and comparative law journal by :

Download or read book Temple international and comparative law journal written by and published by . This book was released on 2003 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Security Council at the Dawn of the Twenty-first Century

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Publisher : United Nations Publications UNIDIR
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Security Council at the Dawn of the Twenty-first Century by : Pascal Teixeira

Download or read book The Security Council at the Dawn of the Twenty-first Century written by Pascal Teixeira and published by United Nations Publications UNIDIR. This book was released on 2003 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this study is not to explore all of the problems that arise today in security threats and conflict management, but to seek to understand the role of a particular institution--the Security Council--and the changes now affecting its modes of intervention and its interaction with international actors--great powers, regional organizations, non-state actors.

War, Aggression and Self-Defence

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Publisher : Cambridge University Press
ISBN 13 : 1139503170
Total Pages : 409 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis War, Aggression and Self-Defence by : Yoram Dinstein

Download or read book War, Aggression and Self-Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

The Iraq War

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Publisher : Vintage
ISBN 13 : 1400043441
Total Pages : 224 pages
Book Rating : 4.4/5 ( download)

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Book Synopsis The Iraq War by : John Keegan

Download or read book The Iraq War written by John Keegan and published by Vintage. This book was released on 2004-05-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2003 Iraq war remains among the most mysterious armed conflicts of modernity. In The Iraq War, John Keegan offers a sharp and lucid appraisal of the military campaign, explaining just how the coalition forces defeated an Iraqi army twice its size and addressing such questions as whether Saddam Hussein ever possessed weapons of mass destruction and how it is possible to fight a war that is not, by any conventional measure, a war at all. Drawing on exclusive interviews with Donald Rumsfeld and General Tommy Franks, Keegan retraces the steps that led to the showdown in Iraq, from the highlights of Hussein’s murderous rule to the diplomatic crossfire that preceded the invasion. His account of the combat in the desert is unparalleled in its grasp of strategy and tactics. The result is an urgently needed and up-to-date book that adds immeasurably to our understanding of those twenty-one days of war and their long, uncertain aftermath.

The Report of the Iraq Inquiry

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Publisher :
ISBN 13 : 9781474133326
Total Pages : 145 pages
Book Rating : 4.1/5 (333 download)

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Book Synopsis The Report of the Iraq Inquiry by : Great Britain. Cabinet Office

Download or read book The Report of the Iraq Inquiry written by Great Britain. Cabinet Office and published by . This book was released on 2016 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Disarming Iraq

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Publisher : Pantheon
ISBN 13 : 0375423230
Total Pages : 304 pages
Book Rating : 4.3/5 (754 download)

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Book Synopsis Disarming Iraq by : Hans Blix

Download or read book Disarming Iraq written by Hans Blix and published by Pantheon. This book was released on 2004-03-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The war against Iraq divided opinion throughout the world and generated a maelstrom of spin and counterspin. The man at the eye of the storm, and arguably the only key player to emerge from it with his integrity intact, was Hans Blix, head of the UN weapons inspection team. This is Dr. Blix’s account of what really happened during the months leading up to the declaration of war in March 2003. In riveting descriptions of his meetings with Tony Blair, Jacques Chirac, Colin Powell, Condoleezza Rice, and Kofi Annan, he conveys the frustrations, the tensions, the pressure and the drama as the clock ticked toward the fateful hour. In the process, he asks the vital questions about the war: Was it inevitable? Why couldn’t the U.S. and UK get the backing of the other member states of the UN Security Council? Did Iraq have weapons of mass destruction? What does the situation in Iraq teach us about the propriety and efficacy of policies of preemptive attack and unilateral action? Free of the agendas of politicians and ideologues, Blix is the plainspoken, measured voice of reason in the cacophony of debate about Iraq. His assessment of what happened is invaluable in trying to understand both what brought us to the present state of affairs and what we can learn as we try to move toward peace and security in the world after Iraq.

Self-defence in International Law

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584778555
Total Pages : 310 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Self-defence in International Law by : D. W. Bowett

Download or read book Self-defence in International Law written by D. W. Bowett and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).

The Iraq War

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Publisher : Nova Publishers
ISBN 13 : 9781590338339
Total Pages : 106 pages
Book Rating : 4.3/5 (383 download)

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Book Synopsis The Iraq War by : Raymond W. Copson

Download or read book The Iraq War written by Raymond W. Copson and published by Nova Publishers. This book was released on 2003 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides information and analysis with respect to the 2003 war with Iraq, reviews a number of war-related issues, and provides links to additional sources of information. Contents: Introduction; US Policy: The Administration; Congressional Action; Issues fir Congress: Military Issues; Diplomatic Issues; Weapons of Mass Destruction Issues; Post-War Governance Issues; Burden Sharing; Implications for the Middle East; Humanitarian Issues; Humanitarian Assistance: Relief Operations; Post-War Relief Priorities; International and Domestic Legal Issues Relating to the Use of Force; Cost Issues; Oil Supply Issues; Information Resources; Index.

Opinions of the Office of Legal Counsel of the United States Department of Justice

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Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Opinions of the Office of Legal Counsel of the United States Department of Justice by : United States. Department of Justice. Office of Legal Counsel

Download or read book Opinions of the Office of Legal Counsel of the United States Department of Justice written by United States. Department of Justice. Office of Legal Counsel and published by . This book was released on 1996 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.

Encyclopedia of Global Justice

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Publisher : Springer Science & Business Media
ISBN 13 : 1402091591
Total Pages : 1213 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee

Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2011 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.

Allies

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Publisher :
ISBN 13 : 9781843542582
Total Pages : 308 pages
Book Rating : 4.5/5 (425 download)

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Book Synopsis Allies by : William Shawcross

Download or read book Allies written by William Shawcross and published by . This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S., Britain and their coalition partners took enormous risks in invading Iraq in March 2003. They risked one of the most successful alliances in history. They risked damaging both the United Nations and themselves.