Peacerights; Visiting Professor; London Metropolitan University; and Fellow, London School of Economics
In this paper I wish to address three issues:
1. Whether the Iraq war was a “crime of aggression” (which is the “worst of crimes”);
2. Whether the way in which the war was conducted involved the commission of “war crimes” and;
3. Whether the subsequent occupation of Iraq involved, and continues to involve, the commission of “war crimes”, “crimes against humanity” and other illegal acts. <snip>
International Law is surprisingly clear and easy to understand on whether the Iraq war was lawful. First, war was abolished by the adoption of the UN Charter in 1947. Thereafter, contracting states entered into a compact. In return for giving up their right to wage war each vested the right to use force in the collective security provisions of chapter VII of the UN Charter. Second, Article 2 (4) of the UN Charter provides that:
“All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the Purposes of the United Nations”.
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