Legal Studies Independent Study
The Legality of the Iraq War
Table of Contents
2Table of Contents Ã¯Â¿Â½
11.0 Introduction Ã¯Â¿Â½
21.1 Purpose of the Report Ã¯Â¿Â½
25.0 Limitations of the Report Ã¯Â¿Â½
21.3 Essential Terms Ã¯Â¿Â½
32.0 Methods of Research Ã¯Â¿Â½
42.1 Primary Research Ã¯Â¿Â½
42.2 Secondary Research Ã¯Â¿Â½
53.0 Statement of Findings Ã¯Â¿Â½
53.1 What was the Iraq War? Ã¯Â¿Â½
53.2 Justifications for the War. Ã¯Â¿Â½
63.3 What Law existed and continues to exist, that deals with international disputes regarding the act of War? Ã¯Â¿Â½
83.4 The Legality of the War, on the basis of U.N Security Council. Ã¯Â¿Â½
103.5 What is the Issue with the current U.N law? Ã¯Â¿Â½
124.0 Conclusion of the Topic Ã¯Â¿Â½
125.0 The proposed amendment for the U.N law to truly serve its purpose. Ã¯Â¿Â½
The U.S-Led coalition of the willing was not legally justified in the invasion of Iraq in 2003 as it breeched Article 2(4) of the UN Charter which states that no nation can intervene with the territorial integrity or political independence of any other state.
Article 39 was also breached; as it required the measures taken by Members in the exercise of self-defence to be immediately reported to the Security Council to determine its legal bases.
Furthermore U.N Resolution 1441 was also ambiguous as it did not make clear who can determine the existence of a material breach, and whether another resolution, explicitly authorising force, is needed before military action against Iraq can be taken. The law as it said today has not been effective in preventing a breech such as the invasion of Iraq, It is therefore necessary to amend the law to explicate the article and to include strict penalties dealing with a breach, so that it truly protects the rights of...