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The Iraq War and International Law

The Iraq War and International Law
Author: Philip Shiner
Publisher: Bloomsbury Publishing
Total Pages: 386
Release: 2008-09-17
Genre: Law
ISBN: 1847314589

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The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.


The Iraq War and International Law

The Iraq War and International Law
Author: Philip Shiner
Publisher: Hart Publishing
Total Pages: 0
Release: 2008-08-18
Genre: Law
ISBN: 9781841136691

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The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.


Iraq and the Use of Force in International Law

Iraq and the Use of Force in International Law
Author: Marc Weller
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2010
Genre: Law
ISBN: 0199595305

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One million people in the UK alone demonstrated against the 2003 invasion of Iraq. A crucial element of the opposition to the war was the lack of a clear legal basis. This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.


After the Iraq War

After the Iraq War
Author: Bernhard Vogel
Publisher: Berghahn Books
Total Pages: 238
Release: 2005
Genre: History
ISBN: 9788187358213

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After the Iraq War: The Future of the UN and International Law opens up a powerful and important debate on the future of world order. The military occupation of Iraq by the United States and their allies in Spring 2003 has confronted the United Nations with new and fundamental questions concerning its authority, its prestige, its working methods, its efficiency even the justification of its existence in the future. Besides the United Nations, the book concerns the general international law as such, especially the rules regarding the maintenance of peace and the prohibition of the use of force, which are also the central provisions of the United Nations Charter and the fundamental norms of customary international law. Contemporary general international law is inextricably linked to the fate of the United Nations. The purpose of this volume is to reappraise the findings on the current situation and to give a differentiated picture of the international debate on the future world order, and its direction.


War Law

War Law
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
Total Pages: 224
Release: 2007-12-01
Genre: Law
ISBN: 155584846X

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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky


For the Love of Humanity

For the Love of Humanity
Author: Ayça Çubukçu
Publisher: University of Pennsylvania Press
Total Pages: 237
Release: 2018-08-14
Genre: Political Science
ISBN: 0812295374

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On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.


Rule of Law in War

Rule of Law in War
Author: Travers McLeod
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2015
Genre: Law
ISBN: 0198716397

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War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.


The Costs of War

The Costs of War
Author: Richard Falk
Publisher: Routledge
Total Pages: 209
Release: 2012-08-21
Genre: Political Science
ISBN: 1135917361

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In The Costs of War, Richard Falk brings together some of his recent essays, published and unpublished, examining the impact that the Iraq War has had and will have on international law, human rights, and democracy. A new introduction provides an overview as well as a sense of the current context and reflects on the internal prospects for Iraq and on the logic of an early US military and political withdrawal. Having been revised and updated to take account of the march of events, the essays are organized into the following sections: Part 1 addresses the effects of the American invasion and occupation of Iraq on the current dimensions of world order Part 2 provides a normative inquiry into the larger intentions and consequences of the Iraq War Part 3 considers the more fundamental implications of the Iraq War, especially on our understanding of war as an instrument for the solution of conflict. Falk demonstrates the dysfunctionality of war in relation to either anti-terrorism or the pursuit of a global security system based on military dominance; the historical potential of a realistic Gandhiism as a positive alternative in the setting of global policy in the twenty-first century. The Costs of War will be of interest to students and scholars of political science, media studies, and politics and international relations in general.


A Matter of Principle

A Matter of Principle
Author: Thomas Cushman
Publisher: Univ of California Press
Total Pages: 385
Release: 2005-07-11
Genre: Social Science
ISBN: 0520932161

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Current debate over the motives, ideological justifications, and outcomes of the war with Iraq have been strident and polarizing. A Matter of Principle is the first volume gathering critical voices from around the world to offer an alternative perspective on the prevailing pro-war and anti-war positions. The contribu-tors—political figures, public intellectuals, scholars, church leaders, and activists—represent the most powerful views of liberal internationalism. Offering alternative positions that challenge the status quo of both the left and the right, these essays claim that, in spite of the inconsistent justifications provided by the United States and its allies and the conflict-ridden process of social reconstruction, the war in Iraq has been morally justifiable on the grounds that Saddam Hussein was a brutal tyrant, a flagrant violator of human rights, a force of global instability and terror, and a threat to world peace. The authors discuss the limitations of the current system of global governance, which tolerates gross violations of human rights and which has failed to prevent genocide in places such as Bosnia and Rwanda. They also underscore the need for reform in international institutions and international law. At the same time, these essays do not necessarily attempt to apologize for the mistakes, errors, and deceptions in the way the Bush administration has handled the war. Disputing the idea that the only true liberal position on the war is to be against it, this volume charts an invaluable third course, a path determined by a strong liberal commitment to human rights, solidarity with the oppressed, and a firm stand against fascism, totalitarianism, and tyranny.


The Politics of Justifying Force

The Politics of Justifying Force
Author: Charlotte Peevers
Publisher: Oxford University Press
Total Pages: 289
Release: 2013-11
Genre: Law
ISBN: 0199686955

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The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.