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Iraq and the Use of Force in International Law (Hardcover)
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Iraq and the Use of Force in International Law (Hardcover)
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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.
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