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The U.S Led Invasion Of Iraq Was Not Legally Justified.

3435 words - 14 pages

Legal Studies Independent StudyOnThe Legality of the Iraq WarTable of Contents2Table of Contents 11.0 Introduction 21.1 Purpose of the Report 25.0 Limitations of the Report 21.3 Essential Terms 32.0 Methods of Research 42.1 Primary Research 42.2 Secondary Research 53.0 Statement of Findings 53.1 What was the Iraq War? 53.2 Justifications for the War. 63.3 What Law existed and continues to exist, that deals with international disputes regarding the act of War? 83.4 The Legality of the War, on the basis of U.N Security Council. 103.5 What is the Issue with the current U.N law? 124.0 Conclusion of the Topic 125.0 The proposed amendment for the U.N law to truly serve its purpose. IntroductionThe U.S-Led coalition of the willing was not legally justified in the invasion of Iraq in 2003 as it breeched Article 2(4) of the UN Charter which states that no nation can intervene with the territorial integrity or political independence of any other state. Article 39 was also breached; as it required the measures taken by Members in the exercise of self-defence to be immediately reported to the Security Council to determine its legal bases.Furthermore U.N Resolution 1441 was also ambiguous as it did not make clear who can determine the existence of a material breach, and whether another resolution, explicitly authorising force, is needed before military action against Iraq can be taken. The law as it said today has not been effective in preventing a breech such as the invasion of Iraq, It is therefore necessary to amend the law to explicate the article and to include strict penalties dealing with a breach, so that it truly protects the rights of all nations, insuring international integrity is sustained, which was the original purpose of the article.Purpose of the ReportThe purpose of this report is to expose the legality of the Coalition of the willing's 2003 invasion of Iraq, on the basis of U.N international Articles and resolutions regarding the rights of nations under the U.N charter. The U.N law was indeed breeched in order to invade Iraq; therefore this report will recommend an amendment to the U.N Article to prevent a future breech from reoccurring to protect the rights of less powerful nations and to further enforce the law to make sure that all nations remain compliant under the U.N legal system.Limitations of the ReportThis report will not establish an in depth study into the history of the war. Only a brief outline will be given to support the legal arguments contained in this report.Essential TermsThe U.N Security Council: The United Nations Security Council exists to serve the purpose of maintaining international peace and security among countries.U.N Articles 1 & 2:Article 1 Exists to address the purpose of the United Nations. Refer to appendix 3Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1,...

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