The Iraq War And International Law

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The Iraq War and International Law

Author : Philip Shiner
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314589
Total Pages : 358 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 358 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.

Iraq and the Use of Force in International Law

Author : Marc Weller
Publisher : Oxford University Press, USA
ISBN 13 : 0199595305
Total Pages : 306 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Iraq and the Use of Force in International Law by : Marc Weller

Download or read book Iraq and the Use of Force in International Law written by Marc Weller and published by Oxford University Press, USA. This book was released on 2010 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: One million people in the UK alone demonstrated against the 2003 invasion of Iraq. A crucial element of the opposition to the war was the lack of a clear legal basis. This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.

The Gulf War of 1980-1988

Author : Iger F. Dekker
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792313342
Total Pages : 338 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis The Gulf War of 1980-1988 by : Iger F. Dekker

Download or read book The Gulf War of 1980-1988 written by Iger F. Dekker and published by Martinus Nijhoff Publishers. This book was released on 1992 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a number of the most important international legal aspects of the Gulf War of 1980-1988. To date, remarkably little attention has been paid to this war from the international legal perspective. However, the need to do so seems obvious. Many more States than the two belligerents have directly or indirectly become involved as a result, in particular, of the extensive activities of the belligerent parties which were detrimental to the shipping of non-participating States. Furthermore, even if the hostilities have finally come to an end, the international community will still have to cope with the international legal aftermath for a prolonged period of time. After all, the Gulf War of 1980-1988 has placed certain matters, which for a long time seemed to have lost their place of prominence, at the centre of interest for international lawyers, notably the law of neutrality and some areas of the law of international armed conflict, particularly the rules regarding the conduct of war.

After the Iraq War

Author : Bernhard Vogel
Publisher : Berghahn Books
ISBN 13 : 9788187358213
Total Pages : 238 pages
Book Rating : 4.3/5 (582 download)

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Book Synopsis After the Iraq War by : Bernhard Vogel

Download or read book After the Iraq War written by Bernhard Vogel and published by Berghahn Books. This book was released on 2005 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Iraq War: The Future of the UN and International Law opens up a powerful and important debate on the future of world order. The military occupation of Iraq by the United States and their allies in Spring 2003 has confronted the United Nations with new and fundamental questions concerning its authority, its prestige, its working methods, its efficiency even the justification of its existence in the future. Besides the United Nations, the book concerns the general international law as such, especially the rules regarding the maintenance of peace and the prohibition of the use of force, which are also the central provisions of the United Nations Charter and the fundamental norms of customary international law. Contemporary general international law is inextricably linked to the fate of the United Nations. The purpose of this volume is to reappraise the findings on the current situation and to give a differentiated picture of the international debate on the future world order, and its direction.

War Law

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
ISBN 13 : 155584846X
Total Pages : 224 pages
Book Rating : 4.5/5 (558 download)

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Book Synopsis War Law by : Michael Byers

Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

The Law of War

Author : Ingrid Detter de Lupis Frankopan
Publisher : Cambridge University Press
ISBN 13 : 9780521787758
Total Pages : 564 pages
Book Rating : 4.7/5 (877 download)

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Book Synopsis The Law of War by : Ingrid Detter de Lupis Frankopan

Download or read book The Law of War written by Ingrid Detter de Lupis Frankopan and published by Cambridge University Press. This book was released on 2000-09-28 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: D Types of war.

Striking First

Author : Michael W. Doyle
Publisher : Princeton University Press
ISBN 13 : 1400829631
Total Pages : 200 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Striking First by : Michael W. Doyle

Download or read book Striking First written by Michael W. Doyle and published by Princeton University Press. This book was released on 2011-03-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.

The Politics of Justifying Force

Author : Charlotte Peevers
Publisher : Oxford University Press
ISBN 13 : 0199686955
Total Pages : 289 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Politics of Justifying Force by : Charlotte Peevers

Download or read book The Politics of Justifying Force written by Charlotte Peevers and published by Oxford University Press. This book was released on 2013-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.

For the Love of Humanity

Author : Ayça Çubukçu
Publisher : University of Pennsylvania Press
ISBN 13 : 0812295374
Total Pages : 237 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis For the Love of Humanity by : Ayça Çubukçu

Download or read book For the Love of Humanity written by Ayça Çubukçu and published by University of Pennsylvania Press. This book was released on 2018-08-14 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.

What We Owe Iraq

Author : Noah Feldman
Publisher : Princeton University Press
ISBN 13 : 1400826225
Total Pages : 176 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis What We Owe Iraq by : Noah Feldman

Download or read book What We Owe Iraq written by Noah Feldman and published by Princeton University Press. This book was released on 2009-01-10 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.

Rule of Law in War

Author : Travers McLeod
Publisher : Oxford University Press, USA
ISBN 13 : 0198716397
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Rule of Law in War by : Travers McLeod

Download or read book Rule of Law in War written by Travers McLeod and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.

The Costs of War

Author : Richard Falk
Publisher : Routledge
ISBN 13 : 1135917361
Total Pages : 209 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Costs of War by : Richard Falk

Download or read book The Costs of War written by Richard Falk and published by Routledge. This book was released on 2012-08-21 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Costs of War, Richard Falk brings together some of his recent essays, published and unpublished, examining the impact that the Iraq War has had and will have on international law, human rights, and democracy. A new introduction provides an overview as well as a sense of the current context and reflects on the internal prospects for Iraq and on the logic of an early US military and political withdrawal. Having been revised and updated to take account of the march of events, the essays are organized into the following sections: Part 1 addresses the effects of the American invasion and occupation of Iraq on the current dimensions of world order Part 2 provides a normative inquiry into the larger intentions and consequences of the Iraq War Part 3 considers the more fundamental implications of the Iraq War, especially on our understanding of war as an instrument for the solution of conflict. Falk demonstrates the dysfunctionality of war in relation to either anti-terrorism or the pursuit of a global security system based on military dominance; the historical potential of a realistic Gandhiism as a positive alternative in the setting of global policy in the twenty-first century. The Costs of War will be of interest to students and scholars of political science, media studies, and politics and international relations in general.

A Matter of Principle

Author : Thomas Cushman
Publisher : Univ of California Press
ISBN 13 : 0520932161
Total Pages : 385 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis A Matter of Principle by : Thomas Cushman

Download or read book A Matter of Principle written by Thomas Cushman and published by Univ of California Press. This book was released on 2005-07-11 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current debate over the motives, ideological justifications, and outcomes of the war with Iraq have been strident and polarizing. A Matter of Principle is the first volume gathering critical voices from around the world to offer an alternative perspective on the prevailing pro-war and anti-war positions. The contribu-tors—political figures, public intellectuals, scholars, church leaders, and activists—represent the most powerful views of liberal internationalism. Offering alternative positions that challenge the status quo of both the left and the right, these essays claim that, in spite of the inconsistent justifications provided by the United States and its allies and the conflict-ridden process of social reconstruction, the war in Iraq has been morally justifiable on the grounds that Saddam Hussein was a brutal tyrant, a flagrant violator of human rights, a force of global instability and terror, and a threat to world peace. The authors discuss the limitations of the current system of global governance, which tolerates gross violations of human rights and which has failed to prevent genocide in places such as Bosnia and Rwanda. They also underscore the need for reform in international institutions and international law. At the same time, these essays do not necessarily attempt to apologize for the mistakes, errors, and deceptions in the way the Bush administration has handled the war. Disputing the idea that the only true liberal position on the war is to be against it, this volume charts an invaluable third course, a path determined by a strong liberal commitment to human rights, solidarity with the oppressed, and a firm stand against fascism, totalitarianism, and tyranny.

From '9-11' to the 'Iraq War 2003'

Author : Dominic McGoldrick
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310893
Total Pages : 395 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis From '9-11' to the 'Iraq War 2003' by : Dominic McGoldrick

Download or read book From '9-11' to the 'Iraq War 2003' written by Dominic McGoldrick and published by Bloomsbury Publishing. This book was released on 2004-03-25 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a tale of two towers,two wars and two visions. The two towers are those of the World Trade Center in New York, destroyed by a terrorist attack on 11 September 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has a number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why? Finally it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form? Chapter one outlines how the relationship between war and the international legal order has evolved and introduces the idea of 'complexity theory' as a framework for understanding the events and issues considered in this book. Chapter two considers the pattern of events from the attacks on the US on 9-11 to the Iraq War 2003. Chapter three addresses the issues of law and morality involved in the War Against Terrorism and the War on Iraq. Chapter four focuses on the moral and legal debate around the War on Iraq and chapter five considers the systemic consequences for international law doctrine and practice, giving particular weight to US policy and approaches and how other states have responded to them. Chapter six appraises the post-war situation in Iraq in terms of political and economic organisation and human rights. It also assesses the consequences of the status of post-war Iraq for the wider region. Chapter seven concludes the book by examining the possible implications of the War Against Terrorism and the War on Iraq for world order in the twenty-first century.

A Doubtful Contribution. Review of Anthony Carty: “The Iraq Invasion as a Recent United Kingdom ‘Contribution’ to International Law”

Author : Alexander Eriksröd
Publisher : GRIN Verlag
ISBN 13 : 3656862915
Total Pages : 8 pages
Book Rating : 4.6/5 (568 download)

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Book Synopsis A Doubtful Contribution. Review of Anthony Carty: “The Iraq Invasion as a Recent United Kingdom ‘Contribution’ to International Law” by : Alexander Eriksröd

Download or read book A Doubtful Contribution. Review of Anthony Carty: “The Iraq Invasion as a Recent United Kingdom ‘Contribution’ to International Law” written by Alexander Eriksröd and published by GRIN Verlag. This book was released on 2014-12-17 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literature Review from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 17/20, Sciences Po Paris, Dijon, Nancy, Poitier, Menton, Havre, course: The Basics of International Law and issues of International Law and War, language: English, abstract: This short abstract gives an overview of Anthony Carty's "The Iraq Invasion as a recent UK 'Contribution' to International Law", its main ideas and historical and political context such as of how Britain (together with its allies) framed Saddam Hussein as a threat to international peace in order to build up support for its intervention. "The Iraq Invasion as a Recent United Kingdom 'Contribution" to International Law" was published in the European Journal of International Law Vol. 16 no. 1 (2005).

Public Opinion & International Intervention

Author : Richard Sobel
Publisher : Potomac Books, Inc.
ISBN 13 : 1597976113
Total Pages : 465 pages
Book Rating : 4.5/5 (979 download)

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Book Synopsis Public Opinion & International Intervention by : Richard Sobel

Download or read book Public Opinion & International Intervention written by Richard Sobel and published by Potomac Books, Inc.. This book was released on 2012 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of public opinion in nations' decisions to join or withdraw from the war in Iraq

The Politics of Justifying Force

Author : Charlotte Peevers
Publisher : OUP Oxford
ISBN 13 : 0191510548
Total Pages : 320 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Politics of Justifying Force by : Charlotte Peevers

Download or read book The Politics of Justifying Force written by Charlotte Peevers and published by OUP Oxford. This book was released on 2013-11-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of 'the international' and 'the domestic' in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the 'politics of justification', which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It provides a rich, detailed account of domestic British discourse in the crucial case studies of the Suez Crisis of 1956 and the Iraq War of 2003, making extensive use of archival material, newspaper and television reporting, Parliamentary debates, polling data, personal memoirs, and the declassified material provided to several Public Inquiries, including the Chilcot Inquiry. In light of these sources, it considers the concept of international law as a language and form of communication rather than a set of abstract norms. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics. This book will be illuminating reading for scholars and students the use of force in international law, historians, and media theorists.