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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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.

Iraq and the Use of Force in International Law

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Publisher : OUP Oxford
ISBN 13 : 0191018422
Total Pages : 312 pages
Book Rating : 4.1/5 (91 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 OUP Oxford. This book was released on 2010-09-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing with the termination of the Iran-Iraq war and the invasion of Kuwait, and concluding with the invasion and occupation of Iraq. The initial phase was characterized by hopes for a functioning collective security system administered by the United Nations as part of a New World Order. The liberation of Kuwait, in particular, was seen by some as a powerful vindication of the prohibition of the use of force and of the UN Security Council. However, the operation was not really conducted in accordance with the requirements for collective security established in the UN Charter. In a second phase, an international coalition launched a humanitarian intervention operation, first in the north of Iraq, and subsequently in the south. That episode is often seen as the fountainhead of the post-Cold War claim to a new legal justification for the use of force in circumstances of grave humanitarian emergency-a claim subsequent challenged during the armed action concerning Kosovo. There then followed repeated uses of force against Iraq in the context of the international campaign to remove its present or future weapons of mass destruction potential. Finally, the episode reached its controversial zenith with the full scale invasion of Iraq led by the US and the UK in 2003. This book analyzes these developments, and their impact on the rule prohibiting force in international relations, in a comprehensive and accessible way. It is the first to draw upon classified materials released by the UK Chilcot inquiry shedding light on the decision to go to war in 2003 and the role played by international law in that context.

Iraq and UN Security Council Resolution 1441

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (593 download)

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Book Synopsis Iraq and UN Security Council Resolution 1441 by : Tim Youngs

Download or read book Iraq and UN Security Council Resolution 1441 written by Tim Youngs and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter

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Publisher : BRILL
ISBN 13 : 9004391428
Total Pages : 344 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter by : Tamsin Phillipa Paige

Download or read book Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter written by Tamsin Phillipa Paige and published by BRILL. This book was released on 2019-03-19 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter Tamsin Phillipa Paige conducts a critical discourse analysis of UN Security Council meetings in relations to ‘threat to the peace’. She then synthesises these case studies to demonstrate how each member of the P5 defines the phrase.

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.

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:

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 Crime of Aggression

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Publisher : Cambridge University Press
ISBN 13 : 1108107494
Total Pages : pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Crime of Aggression by : Claus Kreß

Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.

United Nations Legal Order

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Publisher : Cambridge University Press
ISBN 13 : 9780521465229
Total Pages : 2082 pages
Book Rating : 4.4/5 (652 download)

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Book Synopsis United Nations Legal Order by : American Society of International Law

Download or read book United Nations Legal Order written by American Society of International Law and published by Cambridge University Press. This book was released on 1995 with total page 2082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of these volumes is to examine, explain and appraise contributions made by the United Nations system to international law and the law-creating process. The work assesses the effect UN institutions have had on the law-making process, and the extent to which that law has been accepted by and evidenced in contemporary state practice. It is divided into three main parts. The first examines the practical as well as conceptual aspects of the UN system as a source of law. The second part deals with different fields of activity which have become the subjects of legal rules and processes. Areas covered include human rights, use of force and economic relations. In addition, topics that have not previously been examined in such a comprehensive manner, such as shipping, aviation, and private international law, are also discussed. The third part covers the internal law of the UN system - international civil services and financial contributions.

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.

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.

Handbook on the Peaceful Settlement of Disputes Between States

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Publisher : New York : United Nations
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Handbook on the Peaceful Settlement of Disputes Between States by : United Nations. Codification Division

Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 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.

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.

Chilcot Report

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Publisher : Canbury Press
ISBN 13 : 099549780X
Total Pages : 220 pages
Book Rating : 4.9/5 (954 download)

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Book Synopsis Chilcot Report by : Sir John Chilcot (chairman)

Download or read book Chilcot Report written by Sir John Chilcot (chairman) and published by Canbury Press. This book was released on 2016-08-16 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the key findings of the public inquiry into the handling of the 2003 Iraq war by the British government led by Tony Blair. Chaired by Sir John Chilcot, the Iraq Inquiry (known as the 'Chilcot Report') tackled: Saddam Hussein's threat to Britainthe legal advice for the invasionintelligence about weapons of mass destruction andplanning for a post-conflict Iraq. This 60,000-word executive summary was published in July 2016. Philippe Sands QC wrote in the London Review of Books: 'It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate.' Published under an Open Government Licence, this book aims to make better known the findings of the Iraq Inquiry, which took seven years to complete at a cost of £10 million. The text, headings, footnotes and any emphasis are exactly those of the original document. Contents Introduction Pre-conflict strategy and planning The UK decision to support US military action Why Iraq? Why now? The UK's relationship with the US Decision-making Advice on the legal basis for military action Weapons of mass destruction Planning for a post-Saddam Hussein Iraq The post-conflict period Occupation Transition Planning for withdrawal Did the UK achieve its objectives in Iraq? Key findings Lessons Timeline of events REVIEWS The Iraq Inquiry, chaired by Sir John Chilcot and composed of five privy councillors, finally published its report on the morning of 6 July, seven years and 21 days after it was established by Gordon Brown with a remit to look at the run-up to the conflict, the conflict itself and the reconstruction, so that we can learn lessons. It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate. — Philippe Sands, London Review of Books A more productive way to think of the Chilcot report is as a tool to help us set agendas for renewed best efforts in creating more effective and accountable statecraft. Chilcot has confirmed that... we still do not have intelligent long-range planning by the armed forces in close and active cooperation with other government agencies, nor an adequate and integrated system for the collection and evaluation of intelligence information, nor do we have the highest possible quality and stature of personnel to lead us through these challenging times. — Derek B. Miller, The Guardian Although sceptics wondered how much more the very-long-awaited Report of the Iraq Inquiry by a committee chaired by Sir John Chilcot could tell us when it appeared at last in July, it proves to contain a wealth of evidence and acute criticism, the more weighty for its sober tone and for having the imprimatur of the official government publisher. In all, it is a further and devastating indictment not only of Tony Blair personally but of a whole apparatus of state and government, Cabinet, Parliament, armed forces, and, far from least, intelligence agencies. Among its conclusions the report says that there was no imminent threat from Saddam Hussein; that the British chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted; that military action was not a last resort... — Geoffrey Wheatcroft, The New York Review of Books Ideal for any student of politics, diplomacy, or conflict.

America's Role in Nation-Building

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Publisher : Rand Corporation
ISBN 13 : 0833034863
Total Pages : 281 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis America's Role in Nation-Building by : James Dobbins

Download or read book America's Role in Nation-Building written by James Dobbins and published by Rand Corporation. This book was released on 2003-08-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-World War II occupations of Germany and Japan set standards for postconflict nation-building that have not since been matched. Only in recent years has the United States has felt the need to participate in similar transformations, but it is now facing one of the most challenging prospects since the 1940s: Iraq. The authors review seven case studies--Germany, Japan, Somalia, Haiti, Bosnia, Kosovo, and Afghanistan--and seek lessons about what worked well and what did not. Then, they examine the Iraq situation in light of these lessons. Success in Iraq will require an extensive commitment of financial, military, and political resources for a long time. The United States cannot afford to contemplate early exit strategies and cannot afford to leave the job half completed.