Was The Iraqi War-Operation Iraqi Freedom Legal or Illegal under International Law – Coursework Example

Download full paperFile format: .doc, available for editing

The paper "Was The Iraqi War-Operation Iraqi Freedom Legal or Illegal under International Law" is a great example of politics coursework.   The Bush administration claimed that Sadaam Hussein possessed weapons of mass destruction, and he was certain of this because Sadaam had previously used those weapons against the Kurds. The neo-conservatives within the Bush administration portrayed Iraq as an extremely volatile place, and Sadaam Hussein as a dangerously unstable individual, who was capable of unleashing his weapons of mass destruction against his neighbors in the middle east, and the world at large.

George Bush and his merry band of neocons attempted to bully the UN Security Council into granting the US  permission to wage war in Iraq. The Security Council rebuked the request, stating that,   they had not been presented with any substantiated proof that such weapons, as were  being alleged by the Bush Administration, existed in Iraq. As a consequence, the UN  Security Council dispatched its team of weapons inspectors to search the country for the  alleged weapons of mass destruction.   This paper will highlight the maneuvering of the neo-conservatives in their  unyielding attempt to launch an attack against Iraq; it will introduce the warnings which  were issued by the various international courts of law; notifying both George Bush and  Tony Blair, about the standing and possible consequences of launching a military attack  on a sovereign country without provocation.

Additionally, it will point out the arrogance  of the neo-conservatives in imposing their perceptive will on the world order. Also, it will  deal with the events and commentaries surrounding the UN Security Councils position on  the issuance of a resolution for an article of war. Being president of the United States provides the individual who occupies the  office with the prerogative of power.

However, one must walk the fine line between  legality, illegality and public opinion. Whereas an illegal act could result in  impeachment, and an unpopular act, could result in a reelection defeat. These three  variables narrow the prerogative and hold the politician keen to discretion. So was the  Iraq war, a war of necessity, or a war of choice? If it were a war of necessity, then it  stands to reason that it was a legal war, but if it were a war of choice, does that in and of  itself, make it illegal?

Subsequent to an examination of the facts surrounding the situation  we should have an appropriate answer. The Bush Doctrine of preemptive war was explicitly stated in the National Security  Council text "National Security Strategy of the United States", President Bush stated on  September 20, 2002, "We must deter and defend against the threat before it is unleashed. ..  even if uncertainty remains as to the time and place of the enemy's attack. .. The United  States will, if necessary, act preemptively: ” ( Bush 2002).   No state is permitted to initiate a pre-emptive attack against another state, without  the UN Security Council approval, unless, it has been deemed as an act of self-defence.

Bibliography

Darcy, S. (2003), Through a legal lens – The attack and occupation of Iraq, Electronic Iraq, December 15, 2003, Retrieved on line on September 12, 2008 from http://www.globalpolicy.org/security/issues/iraq/attack/law/2003/1215legal.htm

Blix, H.,(2004) “The Importance of Inspections”, Proliferation Brief (Carnegie Endowment for International Peace) Vol. 7, No. 11, 2004, Retrieved on line on September 13, 2008 from, www.wagingpeace.org/articles/2005/03/00_krieger_war-illegal-illegitimate.htm

Bush, G., (2004) State of the Union Address, United States Capital, Washington, D. C., January, 2004, Retrieved on line on September 12, 2009, from www.whitehouse.gov/news/releases/2004/01/20040120-7.html

Charlesworth, H. (2003), Is International law relevant to the war in Iraq and its aftermath? What’s law got to do with the war in Iraq? National Press club, Canberra 29 October 2003

Powell, C.,(2003) Address to the UN Security Council, February 5, 2003, Retrieved on line on September 12, 2008, from www.earthobservationsummit.gov

United Nations Charter Article 1, Retrieve on line on September 13, 2008, ,from http://www.yale.edu/lawweb/avalon/decade/decad026.htm

United Nations Charter Article 2 section 4, Retrieved on line on September 13, 2008, from, http://www.yale.edu/lawweb/avalon/decade/decad026.htm

United Nations Charter chapter 7 Article 42, Retrieved on line on September 13, 2008, from http://www.yale.edu/lawweb/avalon/decade/decad026.htm

Singh R., Macdonald A., Chambers M., and Inn, G (2002), Legality of use of force against Iraq, Opinion, London 10 September 2002 www.inlap.freeuk.com/caw_final_a5.pdf

Macaskill, E., & Borger J., (2004), Iraq war was illegal an breached UN charter, Says Annan, Guardian, September 16, 2004, Retrieved on line of September 12, 2008, from nucnews.net/nucnews/2004nn/0409nn/040916nn.htm

Penketh, A., & Grice, A. (2004) Blix: Iraq war was illegal, Independent March 5, 2004 Retrieved on line on September 12, 2008, from globalpolicy.org/security/.../iraq/justify/2004/0305blixillegalwar.htm

Boyle, F. A. (2005), Iraq and the laws of war: US as a belligerent occupant, Counterpunch, December 22, 2005, Retrieved on line on September 12, 2008, from. www.counterpunch.org/boyle12222005.html

Download full paperFile format: .doc, available for editing
Contact Us