Legal Ramifications of the Iraq War

Paper Summary:

This paper examines the Iraq war from within the framework of the 'just war' theory and the legal parameters established by the United Nations through the Law of War. Through a critical analysis of the justifications presented for the war versus both the letter and the spirit of international law, the paper argues that this is an illegitimate war. The paper contends that the United States is in violation of international laws.

Outline
Introduction
The Legitimacy Question of the Current War
The Doctrine of Preemption and International Law
United States' Violations of International Law
Conclusion

From the Paper:

"Following the destruction nations suffered in the wake of World War Two, the international community realized the necessity of establishing mechanisms for the prevention of war and the control of warfare. One means of preventing war was to establish a set of laws, outlining the precise circumstances under which wars may be conducted. The legal circumstances under which war can be conducted are expressed in the United Nations' Charter and the Law of War, both of which are based on the "just war doctrine" (Falk). The just war doctrine emphasizes the difference between wars that are morally principles and which are, basically, justified and those which are neither justified nor based on accepted principles. According to the United Nations' Charter, wars are just only in two cases. The first case is if it is a war of defence against a real threat, or against an actual attack, carried out by another nation (Falk). The second case is if the United Nations Security Council determines that a particular nation is in violation of international law, persistently rejects the application of international law and denies the validity and legitimacy of its institutions, thereby constituting a real threat to regional/global peace and security (Falk). In this case, the United Nations Security Council passes a resolution that legitimizing and authorizing war (Falk). This is what occurred during the first Gulf war of 1991."

More papers on Legal Ramifications of the Iraq War:

• Book Review # 90248 : "'The Secret History of the Iraq War'"
• Analytical Essay # 122324 : "Costs of the Iraq War"
• Book Review # 128012 : "Review of Keegan's "The Iraq War"

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