Iraq War and Law

Paper Summary:

In this article, the writer notes that following the end of the Second World War there was an acute need to rethink the legal framework in which the atrocities similar to the ones that marked the tragic context of the first and second world conflagrations could be punished more severely. In this sense, there were a series of conventions and legally binding acts which tried to create a bonding obligation for the signing states to refrain from violent acts against civilians and other participants to wars. Nonetheless, the writer points out that taking into account the latest developments in the war in Iraq, there are serious doubts over the degree in which the legal system available to date is able to offer a comprehensive framework of protection.

From the Paper:

"Therefore, the Geneva Conventions of 1949 represent a legal system consisting of four acts: They are: the Convention for the amelioration of the condition of the wounded and sick in armed forces in the field; the Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea; the Convention relative to the treatment of prisoners of war; the Convention relative to the protection of civilian persons in time of war.
"Despite the obvious complexity of the system set in place and of the areas under discussion, the historical context showed that the Conventions lacked a comprehensive and efficient approach of the legal matters on which they focused. In this sense, there was no clear distinction between the civil war and the liberation war. Thus, taking into account the fact that most conflicts following the Second World War were intra state wars, it was hard to determine whether the conventions would be applicable in cases such as the Korean War, the Vietnam experience, or even the Arab Israeli conflict."

Sample of Sources Used:

• Bugnion, Francois. "The Geneva Conventions of 12 August 1949: From the 1949 Diplomatic Conference to the Dawn of the New Millennium". International Affairs (Royal Institute of International Affairs 1944-), Vol. 76, No. 1. (Jan., 2000), pp. 41-50.
• Could Diversion of A Whistle-Blower's "Proceeds" Trigger A UCMJ Court Martial? 2004. 10 December 2007 http://www.ballew.com/bob/comj/comj.htm
• Human Rights web. Convention against torture and other cruel, inhuman or degrading treatment or punishment. 1994. 10 December 2007 http://www.hrweb.org/legal/cat.html
• International Law Commission. "Text of the Nurnberg Principles Adopted by the International Law Commission". The Yearbook of the International Law Commission. 1950. 10 December 2007 http://untreaty.un.org/ilc/documentation/english/a_cn4_l2.pdf
• Specter, Arlen. "The Court of Last Resort". New York Times. August 7, 2003. Global Policy Forum web site. 10 December 2007 http://www.globalpolicy.org/intljustice/atca/2003/0807specter.htm

More papers on Iraq War and Law:

• Analytical Essay # 59160 : "Legal Ramifications of the Iraq War"
• Term Paper # 94533 : "War in Iraq"
• Persuasive Essay # 104429 : "International Law and National Interests"

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