Reply #37: Krieger: "The Iraq War has been a step backward for international law"

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Final two paragraphs from the paper entitled: "The War on Iraq as Illegal and Illegitimate"

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]A Step Backward for International Law

The Iraq War has been a step backward for international law, has harmed the authority of the UN Security Council and has undermined the credibility of the United States in the eyes of the world. The United Nations is faced with the dilemma of reasserting the post-World War II emphasis on ending the “scourge of war” in the face of a disturbing pattern of unilateralism, exceptionalism and disregard for international law displayed by the United States. The international community, acting through the United Nations, needs to establish effective limitations on unilateral action by all states and censure and apply sanctions to any country, including the most powerful, that defies the dictates of international law. At a minimum, the UN General Assembly should conduct a thorough review of the circumstances leading to the initiation of war against Iraq, and determine authoritatively whether that war was conducted legally with reference to international law.

This matter cannot be left in the hands of the UN Security Council since the US, as a permanent member, would exercise its veto power to prevent such a review from going forward. If the General Assembly deems it appropriate, it can turn to the International Court of Justice for an advisory opinion on the matter. The UN report or advisory opinion of the Court should be made public and widely disseminated. Proposals should be made by the General Assembly on preventing aggressive wars in the future and on the circumstances under which humanitarian interventions are appropriate. Were the United Nations to thoroughly review the matter and issue a strong report, it is possible that the international community could learn from what has happened and attempt to more effectively control such unauthorized and costly interventions in the future.

David Krieger is the president of the Nuclear Age Peace Foundation (www.wagingpeace.org). He is a leader in the global effort to abolish nuclear weapons and is the author of many studies of peace in the Nuclear Age, including Nuclear Weapons and the World Court.

*This paper has been submitted for inclusion in the book The Iraq Crisis and World Order: Structural and Normative Challenges, Ramesh Thakur and Waheguru Pal Singh Sidhu, editors, to be published by United Nations University Press, Tokyo (www.unu.edu/unupress).

http://www.wagingpeace.org/articles/2005/03/00_krieger_war-illegal-illegitimate.htm

Peace.


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