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The Military Action in Iraqand International Law

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Chapter Summary

In the rear-view-mirror of a difficult war, re-assessing legality may seem beside the point to both critics and supporters. The war for the liberation of Iraq has unfolded in unpredictable ways for all sides. In a real sense, the war is not yet over, even as the United Nations and the allied forces support the attempt by Iraqi citizens to establish a working democracy and federal structure. From the viewpoint of a doctrinal international lawyer, the argument in support of the March 2003 intervention is straightforward, even though contested by some. In November 1990, in Resolution 678, the Council voted to authorize member states cooperating with Kuwait to use military force to expel Iraqi forces from Kuwait and to restore peace and security in the region, as well as to “uphold and implement all subsequent relevant resolutions”.

Keywords: International Law; international lawyer; Iraq; Military Action; military force; United Nations



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