2014Journal of Law Policy and GlobalizationRequires access

Legitimacy of War on Iraq in International Law

Roaa Al momani

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Abstract

This research paper discusses the legitimacy of war on Iraq in international law. It begins with an introduction, concerning general information about the war on Iraq in 2003 and the standpoints of supporters and opponents of the war, followed by an overview on Public International Law, conditions of legitimacy of war in general and to what extent these conditions apply to the case of American invasion of Iraq. Then, the legitimacy of war on Iraq from a lawful perspective was discussed, considering the UN Security Council resolution no.1441, Chapter 7 of the UN Charter and the Human International Law. The legal positions after the war in some countries which participated in it were also overviewed. The main question which the research paper seeks to answer is: Was war on Iraq legitimate under public international law? The results showed that War on Iraq was a clear violation of international law and UN Charter and was in all measures illegitimate. Some recommendations are presented such as, material and moral compensation to Iraq and a call for suspending the membership of states which led and fought the war in the UN. Keywords: Public International Law, War on Iraq, Legitimacy.

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What this paper is about

This research paper discusses the legitimacy of war on Iraq in international law. It begins with an introduction, concerning general information about the war on Iraq in 2003 and the standpoints of supporters and opponents of the war, followed by an overview on Public International Law, conditions of legitimacy of war in general and to what extent these conditions apply to the case of American invasion of Iraq. Then, the legitimacy of war on Iraq from a lawful perspective was discussed, considering the UN Security Council resolution no.1441, Chapter 7 of the UN Charter and the Human International Law. The legal positions after the war in some countries which participated in it were also overviewed. The main question which the research paper seeks to answer is: Was war on Iraq legitimate under public international law? The results showed that War on Iraq was a clear violation of international law and UN Charter and was in all measures illegitimate. Some recommendations are presented such as, material and moral compensation to Iraq and a call for suspending the membership of states which led and fought the war in the UN. Keywords: Public International Law, War on Iraq, Legitimacy.

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Available abstract

This research paper discusses the legitimacy of war on Iraq in international law. It begins with an introduction, concerning general information about the war on Iraq in 2003 and the standpoints of supporters and opponents of the war, followed by an overview on Public International Law, conditions of legitimacy of war in general and to what extent these conditions apply to the case of American invasion of Iraq. Then, the legitimacy of war on Iraq from a lawful perspective was discussed, considering the UN Security Council resolution no.1441, Chapter 7 of the UN Charter and the Human International Law. The legal positions after the war in some countries which participated in it were also overviewed. The main question which the research paper seeks to answer is: Was war on Iraq legitimate under public international law? The results showed that War on Iraq was a clear violation of international law and UN Charter and was in all measures illegitimate. Some recommendations are presented such as, material and moral compensation to Iraq and a call for suspending the membership of states which led and fought the war in the UN. Keywords: Public International Law, War on Iraq, Legitimacy.

Key concepts: Legitimacy, Law, Political science, International law, Just war theory, Charter, United Nations Charter, War crime

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