David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Military Ethics 3 (2):82-104 (2004)
This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of weapons of mass destruction was not imminent. With regard to humanitarian intervention, the suffering inflicted by the Saddam Hussein's regime did not rise to a level allowing intervention. Moreover, international law does not permit forceful regime change except when authorized by the Security Council. However, the author argues that material breach of the 1991 cease-fire in Security Council Resolution 687 released the US and UK from their obligation to refrain from hostilities, thereby reactivating the use of force authorization in Security Council Resolution 678 (1990). This latter justification was the sole official legal justification offered for Operation Iraqi Freedom
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David M. Malone & James Cockayne, Creeping Unilateralism: How Operation Provide Comfort and the No-Fly Zones in 1991 and 1992 Paved the Way for the Iraq Crisis of 2003. [REVIEW]
Patrick Macklem (2008). Humanitarian Intervention and the Distribution of Sovereignty in International Law. Ethics and International Affairs 22 (4):369-393.
M. W. Aslam (2011). Operation Iraqi Freedom: A Prudent Action by a Responsible Great Power? Journal of Global Ethics 6 (3):305-321.
Larry W. Boone & Christine R. MacDonald (2009). Broadcasting Operation Iraqi Freedom: The People Behind Cable News Ethics, Decisions, and Gender Differences. [REVIEW] Journal of Business Ethics 84 (1):115 - 134.
David M. Malone & James Cockayne, The UN Security Council: 10 Lessons From Iraq on Regulation and Accountability.
Ned Dobos (2010). Is U.N. Security Council Authorisation for Armed Humanitarian Intervention Morally Necessary? Philosophia 38 (3):499-515.
David M. Malone, Decision-Making in the UN Security Council: The Case of Haiti 1990-1997 (Introduction).
M. Kahler (2011). Legitimacy, Humanitarian Intervention, and International Institutions. Politics, Philosophy and Economics 10 (1):20-45.
Roger Stuart Berkowitz (2005/2010). The Gift of Science: Leibniz and the Modern Legal Tradition. Harvard University Press.
Sean D. Murphy (2013). Jus Ad Bellum, Values, and the Contemporary Structure of International Law. Journal of Religious Ethics 41 (1):20-26.
Added to index2010-08-24
Total downloads19 ( #141,418 of 1,707,756 )
Recent downloads (6 months)1 ( #352,633 of 1,707,756 )
How can I increase my downloads?