The Invasion of Iraq: An International Crime
This article belongs to Behind the Bush column.
The invasion and subsequent occupation of
The UN Charter is part of
Ann Fagan Ginger, Executive Director of the Meiklejohn Civil Liberties Institute, describes the UN Charter as the "supreme law of the land" because it was ratified by the
Retired international law professor Richard Falk explains how the UN Charter views wars fought in self defense and preventive wars:
The UN Charter has carried forward the idea that all wars that are not fought in self-defense or with the approval of the UN Security Council are illegal wars, and hence a Crime Against Peace. The WTI has been initiated by citizens of many countries who share the belief that the Iraq War is such an illegal war, and that the leaders of the USA and United Kingdom are individually and criminally responsible for its initiation and for the violations of the Law of War that have accompanied the occupation of Iraq.[iv]
The UN Security Council never authorized the use of force against
Retired international law professor Richard Falk characterized the Bush administration's push to invade
Michael Glennon, professor of international law at
Ten days after the UN weapons inspectors returned and reported to the Security Council that they did not find any evidence of
The Bush administration released a document in September 2002 "detailing its national security strategy…that left no doubt about its plans to ensure no other nation would rival its military strength." The document declared a "doctrine of preemption…one that, incidentally, flatly contradicts the precepts of the UN Charter." The document announced that "the
Law experts weigh in
Duncan E.J. Currie, who practiced international and environmental law for over 20 years, wrote a treatise on preventive war May 2003. In the treatise Currie referred to the Bush "doctrine of preventive war" as a "departure from the prohibition of the use of force under international law" which is a part of the UN Charter. He cited the Bush administration document titled the "National Security Strategy of the
Matrix Chambers is a British law practice which works in an atmosphere "where diversity and accessibility are widely championed, and out-dated practice is challenged," according to its website. In a joint opinion two Matrix lawyers, Rabinder Singh and Charlotte Kilroy, said the "the use of force against
[i] Center for Constitutional Rights.
[iii] Ginger, Ann Fagan. "Preemptive War / Preventive War: Both Are Against The Law Of The
[iv] Falk, Richard. "Bush's War against
[v] "Lessons of
[vi] Falk, Richard. "Bush's War against
[vii] Glennon, Michael J. "Why the Security Council Failed," Foreign Affairs, May/June 2003.
[ix] Currie, Duncan E.J. "Preventive War and International Law After Iraq." http://www.globelaw.com/Iraq/Preventive_war_after_iraq.htm,
[x] Norton-Taylor, Richard. "Attack on
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