@import url("http://www.blogger.com/css/blog_controls.css"); @import url("http://www.blogger.com/dyn-css/authorization.css?blogID=11361507");

Wednesday, October 22, 2003

The Case For Intervention In Iraq

Britain’ War With Saddam Had The Law On Its Side
Professor Christopher Greenwood QC
The Times

Today’s House of Commons debate on Iraq will raise the question of whether Britain broke international law. It is an important question because in a democracy people expect their government to act within the law. Contrary to what critics claim, however, the military action was not illegal, nor was the Government’ legal case made up on the hoof. Lord Alexander of Weedon, QC, was right to emphasise in The Times the importance of the legal issue but he was wrong to liken Iraq to Suez and to characterise it as military adventurism. Britain’ actions over Suez had no semblance of legality and the Prime Minister of the day was openly dismissive of international law. In sharp contrast, the present Government has gone to great lengths to ensure that it acted within the law and to explain the legal basis for its actions. In doing so it consistently relied on a legal justification that successive governments have advanced for more than ten years. The action in Iraq was a lawful measure to remove a serious threat to international peace that had festered since Iraq’ invasion of Kuwait in 1990. Not only was that invasion a manifestly unlawful act, but the Security Council concluded that Iraq, which had twice invaded a neighbour and used poison gas to devastating effect against its own people, posed a threat to peace that went beyond the situation in Kuwait. That was why the council (in Resolution 678) authorised a coalition of states to use force against Iraq. That mandate was not only the legal basis for the military action that freed Kuwait in 1991, it remained central to the legal position thereafter, because Resolution 678 was not limited to the liberation of Kuwait but it authorised the coalition states to use force for the broader goal of restoring “ international peace and security in the area” . To achieve that broader goal, the council decided that Iraq must rid itself not only of all weapons of mass destruction but of all raw materials and programmes for the development of such weapons and do so under close international supervision. These steps were made conditions of the ceasefire, laid down in Resolution 687, after the liberation of Kuwait. They were legally binding on Iraq and were accepted by Saddam Hussein’s Government, although it never honoured them. Importantly, the council did not repeal Resolution 678. The authorisation of military action could therefore be revived if Iraq violated the ceasefire terms.
That was the legal justification relied on by the Conservative Government, as well as by the American and French governments, when they took military action against Iraq in 1993. Their view was endorsed by
Boutros Boutros Ghali, then UN Secretary-General. The same justification for action was relied on by the Government in December 1998 when UN weapons inspectors were forced out of Iraq.
More recently,Resolution 1441, unanimously adopted last November, made clear that the council considered that the earlier resolution was still in force. It also held that Iraq was in material breach of ceasefire obligations. The legal basis for military action thus existed without the need for a further resolution. The council nevertheless gave Iraq “ final opportunity” to comply, saying that serious consequences would follow if it failed to do so. That Iraq did not take that opportunity was demonstrated by the successive reports of the UN weapons inspectors. When those reports were debated, in March 2003, not one of the 15 council members questioned the proposition that Iraq was still in breach of resolution 687. The council was not, however, able to agree on what to do next. The consequences of the council’s well-publicised failure to agree have been widely misunderstood. The council did not decide to reject military action. It was unable, because of divisions that existed among members, to take any decision at all. But no new decision was required as a matter of law. Resolution 1441 made clear that continuing violations by Iraq had to be reported back to the council for consideration, but, crucially, proposals that would have required a further decision by the council were not included when the text of Resolution 1441 was adopted. The lack of a fresh decision in March this year did not alter what the council had already decided. It had already confirmed its earlier authority to use force for the restoration of peace and security; it had already decided that Iraq had still not done what the council had considered for 12 years was essential for the restoration of peace and security. In those circumstances, for Britain and America to rely on the existing authorisation was entirely lawful. Nor does the fact that no “ smoking gun” has yet been discovered in Iraq affect the legal basis for the action. The Security Council resolutions make clear that the critical question was not whether Iraq might possess a prohibited weapon capable of immediate use. Rather, what the council consistently required was that the inspectors it appointed be able to certify that all such weapons had gone and that there were no programmes in place by which new ones could be created. Iraq was required to take positive steps, of disclosure and co-operation, as part of this process. In the event, Iraq had still not complied after 12 years. The legal case for action against Iraq rested on its persistent failure to take the steps that the council had decided were necessary to secure peace in the area, a goal for which the council had given authority to use force and which it later reaffirmed. There is nothing of Suez or military adventurism about the action that was taken by the British Government.

Professor Greenwood is Professor of International Law at the London School of Economics. He assisted the government on the Iraq conflict. He has taught previously at the University of Cambridge and his publications include: contributing articles in British Year Book of International Law, International and Comparative Law Quarterly and SCSI No 4 - Command and The Laws of Armed Conflict.

10 Comments:

Anonymous Anonymous said...

I was in court once and court started at 9 am.
In walked this guy about 9:05 am noticing his case was up he raised his hand to get the court's attention.
The judge started yelling at him and calling him some kind of criminal ,seem the judge thought his leather jacket made him a criminal.
mind you the leather jacket was a dress leather clearly it at one time was a costly purchase.
This judge places the guy on the stand and then tells him you will only answer how I tell you too.
The judge was nuts...
back about 6 months ago someone shot a judge in another court room so this judge clearly needed some mental help.
I talked to the guy later and found out his wife had done him wrong and he was lacking any funds for any legal help.
injury lawsuit

12:11 PM  
Blogger oakleyses said...

nike air max, tiffany and co jewelry, tiffany jewelry, prada handbags, oakley sunglasses, coach outlet store online, longchamp outlet online, michael kors outlet online, kate spade outlet online, coach purses, tory burch outlet, louboutin shoes, longchamp outlet, louis vuitton, cheap oakley sunglasses, michael kors outlet online, ray ban sunglasses, coach outlet, michael kors outlet, louis vuitton handbags, michael kors outlet online, coach outlet, longchamp handbags, ray ban outlet, polo ralph lauren, nike air max, jordan shoes, burberry outlet online, prada outlet, louis vuitton outlet, chanel handbags, michael kors outlet online, michael kors outlet store, christian louboutin shoes, gucci handbags, christian louboutin outlet, burberry outlet online, polo ralph lauren outlet, louis vuitton outlet online, oakley vault, nike free, louis vuitton outlet, kate spade handbags, nike shoes, red bottom shoes

1:31 AM  
Blogger oakleyses said...

vans pas cher, nike air force, converse pas cher, north face, tn pas cher, true religion, ralph lauren pas cher, sac michael kors, mulberry, lululemon, air max pas cher, hermes pas cher, scarpe hogan, nike roshe run, true religion outlet, lacoste pas cher, ralph lauren, nike air max, michael kors canada, burberry pas cher, air max, nike blazer pas cher, guess pas cher, oakley pas cher, true religion outlet, longchamp, ray ban pas cher, hollister, chaussure louboutin, ray ban uk, longchamp pas cher, louis vuitton pas cher, new balance pas cher, sac vanessa bruno, michael kors uk, nike air max, nike free pas cher, timberland, louis vuitton, north face pas cher, air jordan, sac louis vuitton, hollister, louis vuitton uk, nike free

1:32 AM  
Blogger oakleyses said...

soccer jerseys, longchamp, abercrombie and fitch, reebok shoes, ferragamo shoes, herve leger, nike huarache, soccer shoes, mont blanc pens, new balance outlet, north face outlet, ugg soldes, ugg outlet, giuseppe zanotti, wedding dresses, babyliss pro, celine handbags, ghd, instyler ionic styler, barbour, mcm handbags, marc jacobs outlet, hollister, nike trainers, lululemon outlet, beats headphones, mac cosmetics, uggs on sale, roshe run, valentino shoes, vans outlet, chi flat iron, p90x workout, jimmy choo shoes, abercrombie and fitch, birkin bag, uggs outlet, insanity workout, asics shoes, ugg, rolex watches, north face jackets, nfl jerseys, nike roshe, bottega veneta

1:33 AM  
Blogger oakleyses said...

canada goose outlet, converse shoes, nike air max, ugg, hollister clothing, ralph lauren, canada goose, hollister canada, lancel, karen millen, coach outlet, replica watches, iphone 6 case, timberland shoes, uggs canada, gucci, hollister, louboutin, canada goose pas cher, canada goose outlet, oakley, juicy couture outlet, moncler, canada goose, wedding dress, moncler, air max, converse, moncler, canada goose, moncler outlet, supra shoes, louis vuitton canada, parajumpers outlet, montre femme, moncler, ray ban, toms outlet, moncler, canada goose outlet, baseball bats, canada goose uk, vans, ugg boots, juicy couture outlet, moncler

1:34 AM  
Blogger ninest123 said...

ninest123 16.03
tiffany and co, uggs on sale, louis vuitton outlet, oakley sunglasses, oakley sunglasses, burberry, gucci outlet, ray ban sunglasses, nike free, replica watches, nike outlet, michael kors outlet, michael kors outlet, nike air max, tory burch outlet, louboutin outlet, louboutin shoes, michael kors, chanel handbags, louboutin, louis vuitton, christian louboutin outlet, louis vuitton, jordan shoes, ugg boots, nike air max, ray ban sunglasses, burberry outlet online, michael kors outlet, ugg boots, ugg boots, tiffany jewelry, replica watches, michael kors outlet, polo ralph lauren outlet, prada outlet, michael kors outlet, ugg boots, oakley sunglasses, oakley sunglasses, cheap oakley sunglasses, louis vuitton outlet, prada handbags, polo ralph lauren outlet, longchamp outlet, louis vuitton, ray ban sunglasses, longchamp outlet, longchamp

7:57 PM  
Blogger ninest123 said...

north face, hermes, nike air max, timberland, nike blazer, hollister pas cher, air jordan pas cher, hogan, sac guess, true religion jeans, sac longchamp, coach outlet, michael kors, air max, burberry, vanessa bruno, mulberry, louboutin pas cher, michael kors, nike roshe, true religion jeans, kate spade handbags, ralph lauren uk, ray ban uk, coach outlet, nike air max, oakley pas cher, ralph lauren pas cher, tn pas cher, nike free run uk, nike roshe run, nike air max, michael kors, new balance pas cher, michael kors, coach purses, ray ban pas cher, replica handbags, hollister, nike free, abercrombie and fitch, true religion jeans, longchamp pas cher, lacoste pas cher, true religion outlet, north face, lululemon, converse pas cher, kate spade outlet, air force, vans pas cher

7:59 PM  
Blogger ninest123 said...

nike roshe, giuseppe zanotti, valentino shoes, nike huarache, soccer jerseys, asics running shoes, lululemon, bottega veneta, nike air max, mac cosmetics, ralph lauren, north face outlet, ghd, hollister, baseball bats, birkin bag, mont blanc, soccer shoes, beats by dre, jimmy choo shoes, iphone 6s cases, iphone 6 plus cases, babyliss, hollister, louboutin, nfl jerseys, chi flat iron, nike trainers, hollister, new balance, wedding dresses, north face outlet, s5 cases, nike air max, timberland boots, ferragamo shoes, herve leger, iphone cases, longchamp, oakley, celine handbags, insanity workout, iphone 6 cases, p90x workout, reebok shoes, ipad cases, instyler, iphone 5s cases, vans shoes, abercrombie and fitch, mcm handbags, iphone 6s plus cases

8:02 PM  
Blogger ninest123 said...

pandora charms, moncler, barbour, canada goose outlet, gucci, converse, ugg,uggs,uggs canada, louis vuitton, sac louis vuitton pas cher, canada goose outlet, karen millen, moncler, moncler, coach outlet, thomas sabo, ugg,ugg australia,ugg italia, canada goose, vans, ugg boots uk, montre pas cher, pandora charms, swarovski crystal, louis vuitton, ray ban, moncler, bottes ugg, moncler, louis vuitton, pandora jewelry, swarovski, supra shoes, canada goose, moncler, pandora jewelry, ugg pas cher, converse outlet, wedding dresses, juicy couture outlet, juicy couture outlet, replica watches, canada goose uk, barbour jackets, hollister, canada goose, canada goose, moncler outlet, louis vuitton, toms shoes, doudoune canada goose, links of london, lancel, marc jacobs, moncler
ninest123 16.03

8:05 PM  
Blogger jawad zaib said...

Your Site Is Very Good and The Post is Well On Topic, Thanks for Sharing it with us.

New Songs 2016
new status for whatsapp 2016
spigen iphone 7
shayari for love 2016
Latest Hindi Songs 2016 Sidharth Malhotra Music Video
Latest best free android games 2016
http://www.newsongshd.com/

11:20 AM  

Post a Comment

<< Home