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Legitimacy of the 2003 invasion of Iraq information


M1A1 Abrams pose for a photo under the "Hands of Victory" in Ceremony Square, Baghdad, Iraq.

A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion (whether the conditions set in place after the Gulf War allowed the resumption if Iraq did not uphold to the Security Council resolutions).[1] Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678.[2][3] Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor"[4] in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.

There are ongoing debates regarding whether the invasion was launched with the explicit authorization of the United Nations Security Council. The Government of the United States asserts that the invasion was explicitly authorized by Security Council Resolution 678 and thus complies with international law.[5] The Security Council Resolution 678 authorizes UN Member States to "use all necessary means to uphold and implement Resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area",[6] however there exist different interpretations of its meaning. The only legal jurisdiction to find "aggression" or to find the invasion illegal rests with the Security Council under United Nations Charter Articles 39–42. The Security Council met in 2003 for two days, reviewed the legal claims involved, and elected to be "seized of the matter".[7][8] The Security Council has not reviewed these issues since 2003. The public debate, however, continues. Former UN Secretary General Kofi Annan expressed his opinion that the invasion of Iraq was "not in conformity with the UN charter [...] from the charter point of view, [the invasion] was illegal."[9] (See Legality of the Iraq War)

  1. ^ "War would be illegal". The Guardian. London. March 7, 2003.
  2. ^ "International Law and the War in Iraq," John Yoo. The American Journal of International Law, Vol. 97, No. 3 (Jul., 2003), pp. 563-576 doi:10.2307/3109841.
  3. ^ "Future Implications of the Iraq Conflict." W.H. Taft and T’F. Buchwald. The American Journal of International Law, Vol. 97, No. 3 (Jul., 2003), pp. 553-563 doi:10.2307/3109841,
  4. ^ "Functions and Powers". United Nations. Archived from the original on April 2, 2003.
  5. ^ CRS Issue Brief for Congress (February 2002). "Iraq-U.S. Confrontation" (PDF). Alfred B. Prados and Kenneth Katzman (IB94049). Archived (PDF) from the original on 2009-04-09. Retrieved 2009-04-23.
  6. ^ "Saddam Hussein's Defiance of UNSCRs" (Press release). Department of State. 2003-03-20. Archived from the original on 2009-02-19. Retrieved 2009-04-23.
  7. ^ Patrick McLaren, Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force against Iraq (2003) 13 Duke Journal of Comparative and International Law 233 (Lexis)
  8. ^ Bill Campbell and Chris Moraitis, 'Memorandum of Advice to the Commonwealth Government on the Use of Force against Iraq' (2003) 4 Melbourne Journal of International Law 178.
  9. ^ Bennett-Jones, Owen (2004-09-16). "Excerpts: Annan interview". BBC. Archived from the original on 2009-03-26. Retrieved 2009-04-18.

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