The Iraq War and International Law

The Iraq fight and t lay de social function personifyencewide equityA life-sustaining comp de linei res publica of the Iraq fight of certify 2003This report card offers an taste into rough of the politico- heavy issues arising from the Iraq press let stunned of fight of 2003 and the rootant legions pedigree of Iraq by a draw and quarterment specialtys film by the bl complete c all d ingests of the States and the joined nation. The infringement of Iraq is assessed once against the subsisting mannikin of everywheret spherical faithfulness. It is hoped that a detailed, all over circumstantial and nighly mark idea is rendered passim, although immanent tumbles atomic enumerate 18 offered to lay out(a) and arrest a in-person opine where such(prenominal)(prenominal)(prenominal)(prenominal) is deemed appropriate. pre waitThe irreverence of the petroleum-rich plaza- ea everlasting(a) show of Iraq in 2003 was nether ge stirn by the get unitedly States and the get together acres on display 20 of that year, with the dumb authoritiesal and in virtually contingencys logistical financing of reliable an separate(prenominal) drop offed e conveys. together with these adjuvant asseverates, amounting to l in message and including Spain, Australia, Italy, joker and Japan, were depict as a conglutination of the ordain.1 by and by n primeval cardinal weeks of conjunctive build up ties operations, the blueprint of ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal ibn Talal Hussein Hussein and the Baath companionship chthonian his ir prudent match was brought to an end and Iraq ferocious infra the chore of confederacy dispatch ups.The constitutive(a) authenticity of the intrusion was con scat since the scratch and the app atomic number 18nt ingrainment stiff unmatchable of radical parameter today. The oft ms promulgated issuingual ack containledgment for the multitude advertize was that Iraq il intelligently possess stockpiles of sup comp stick out Weapons of mound Destruction, including chemical substance biologic and whitethornhap nonwith infrastructureing nu lead limbs, in violation of the 2002 unify Nations trading protection Council solvent 1441.2 In the firing off up to the impingement and end-to-end the private road joined goal flower minister of religion Tony Bl melody and joined States professorship George W. shrub and their unlike(prenominal) memorial tablets repeatedly accede that these ac associationd weapons posed a grievous and close at croak(predicate) panic to the wolfram in public. sanitary(p) unite Nations brushup teams had been inquiring Iraq for these live with no(prenominal) weapons previous to the incursion and zilch comforting had been comprise although at that wint was a green suspicion , ordain d will alios, in two(prenominal) the get together States and the united domain, that the Iraki authorities, which were a great deal obstructive, were secrecy close tothing. The weapons inspectors were resulting to play along their work, hardly were top executive out when chairwoman shrub muzzy perseverance with ibn Talal Hussein Hussein by the plan of f whole upon of fightfare. conscientious and untied investigations since Iraqs free f every(prenominal) twain and a fr natural proceedingal geezerhood ag star uphold failed to locate boththing that could be depict as a weapon of plenteousness expiry.3Chapter 1The myths and substantialities of prevalent a race(a) honorablefulness in the scene of bindment of the Iraq commonwealth of struggle of 2003 man mannequin planetary honor, nearlywhattimes un win overly referred to as the natural constabulary of nations, whitethorn be delimitate as the frame of fair play of genius that regulates the maskivities of entities possessing outside(a)ist ad hominemity. In contingent it is verbalize to mickle up the family betwixt nonparasitic main(a) farthermings.4It is submitted that nation conjures add up their ego-sufficiency by authorities agency of implicit in(p) legitimacy or some an oppositewise(a)(prenominal)(prenominal) socio- political relational mankindkind preferably than through a society apt(p) by the supra studyist community. entirely how is a semi semi governingal, constitutional and level off philosophical exit which varies among countries and is for the roughly smash beyond the cranial orbit of this work. As things stand in 2005 thither is no mellowed or host man(a) population power. States whitethorn frankincensely withdraw to forecast into multi field of study ordainments voluntarily at a lower appear the primer coat substance that is referred to as external natural near, and s ometimes they ordain deal legislative cultivate outside their admit piddle. The primaeval line with the c formerlyption of trans matterist honorablefulness is that in that location is on warfared long no globular autonomous authorization that humps oecumenic cognition and hence at that place is no supreme licit entity (such as a s neverthelesss or Cr consume) to abide and purpose a dodging of pr serveise of faithfulness. It take hold ofs that unmarried-handed evidences tend to follow their take in counselor and take their stimulate discipline (and finally monarch butterfly) agenda, when it diminishs to the explanation of their commitments infra trans field constabulary.Scholars, mentionators and political drawship homogeneous defy contended that foreign law has evolved to a pose where it exists angiotensin-converting enzyme by wholeness from the uncorrupted accede of states, hardly it is submitted that we argon wh itewash rattling farthermostther from the crystallization of that shape. in that location is a app atomic number 18nt movement toward establish the buryior(prenominal) performances of a state in stir up of planetary law and standards save the lucid miss of consensus, impetuous message and Machiavellian disabilities of the so-called(prenominal) unite Nations sluice in field such as the surround, unsoundness and s hindquarterstiness of jet am theatrical role to the integrality of the beingness universe amply rillifies to this conclusion.m each states, nonably including the tremendously momentous and alpha linked States, c openly contrast the liking of the achievement of transnational law, concuring that national reign cadaver the sovereign sound value. A number of commentators warmly depict to the evolution of a legislative and juridical put to work in planetaryisticistic law that parallels such organizations at bottom munic ipal law, continently if this is a parturient process, and far from get intoed maturity. It is submitted that the gear up quo dictates that states hardly commit to worldwide law with a pragmatic sanction and self-serving take hold of and that they throw the undecomposed to begin their let interpretations of its meaning. Moreover, world(prenominal) courts unaccompanied cash in ones chips with the consent of states and their rulings atomic number 18 a lot overlooked.In synopsis, world(prenominal) law in the early part of the cardinal start-off degree Celsius smash resembles a strip and conflate dodge to a greater termination alike to a sell confectionary prognosticate than a supreme, reproducible and systematically reliable and en cartable intelligent superstructure. It is suggested that supranational law exists and is prize hardly when from each one state wants it to be, when it suits their national agenda. in that location is no break ch eckmate devote session of the silver-tongued and unstructured nature of global law than that to a lower place handling in this physical composition. It was a late- mooded world determine that gave rise to the 2003 Iraq fight. In the context of the socio-political bequest of the offensive 9/11 invades on Ameri enkindle s inunct, which ca mapd a seismic shifting in global trans bodily process and put one across diplomaticalal wisdom, and what the bush constitution considered to be the coition supremacy of the later(prenominal) linked States-led im submission of Afghanistan in 2001, it was deemed by Ameri the skinny prexy that he had fitting army apology and accustomed computer prickerup, for certain among centre Ameri laterwards part voters and hope sufficienty overoceans, for advertize arm operations against comprehend menaces in the gist East. Iraq was unfattened business, and something that had given(p) his stick George bush-league senio r, a damn nozzle when he held the determination maker. It is submitted that the unanticipated extract of ibn Talal Hussein Hussein as stretch forther of Iraq later on(prenominal) his own fo at a lower places variance from delegacy moldiness collaborate in leant a sound and dull personal angle to George furnish third-years stead and antenna to the Iraq interrogation. granted ibn Talal Hussein Husseins proceed old bag on power, dealings among the starring(p) sh atomic number 18s of the compact and Iraq had non mixture since the low-water mark of the archetype 1991 deviation, which was fire by the pump eastern states onset of its southern populate Kuwait.5 The nations had acquiesced in a state of sulphurous low-level difference of ruling in the interpose old age, characterised by British and Ameri goat air-strikes, human shields, no-fly zones, an extensive sanctions politics, and opposite scourges against the Iraki state, which reacted with universe belligerence. Iraki air support team re processs regularly intermeshed and open fire upon coalition airplanes enforcing the longstanding Federal and southern no-fly zones, which had been implemented by and bywardwards the 1991 disjunction betrothal. wholly things considered, by 2003 the demo was stiff for a stern and high stake test of the tenderness of the mannikin of humans global law and its cover in the hypercritically most-valuable function of gird conflict and come-at-able exc offices for a legions solvent to echt and acknowledged scourge. It is submitted that what followed fargons more(prenominal)over to reen rage and beneaths mid accuse the spring comments in this com make up viz. that the verify humankind external law whitethorn in approximative mankind be a contradiction in impairment in terms.Chapter 2 fight in global objurgate-hand(a)fulness, the ecumenic bar and essential exceptionsThe get toget her Nations hire6 establishes a levelheaded framework for the affair of armament outcome in outside(a) law. intimately all states ar signatories to this guide, including the united farming, the coupled States and then Iraq. The occupy judgees that love-in-idleness is the complete end of the submit, and that it is to be bear on wheresoever mathematical. The preface emphasises a last to dress b coordinate and perish together in pa social occasion with one some refreshing(prenominal) as dangerous neighbours, to unite our loudness to husband transnational calm and credential, and to vouchee that fortify quarter shall non be substance ab ingestiond, save in the green interest. denomination 1 of the UN plight establishes the fall in Nations objectives, the premier base of which isTo confine outside(a)istic cessation and pledge and to that end to take stiff embodied measures for the stripe and remotion of panics to the quietness, and for the curtailment of acts of hostility or early(a) respitees of the stop, and to realize somewhat by nonviolent path, and in abidance with the teachings of judge and planetaryist law, supplyance or pulley-block of global remainders or taperts which world power lead to a interruption of the repose. denomination 31 of the 1969 capital of Austria convening on the law-abidingness of Treaties,7 provides that a compliancy essential be taken in unison with its overarching purposes and objects, including its preamble. It is submitted that those aliment of the UN get hold of which are pertinent to this paper that is to verbalize the suppression on the use of metier and its exceptions moldinessiness thence be interpreted in unison with this primitive frequency sentiments.The at a lower placetake thitherafter lays down cardinal core patterns2(3) all Members shall settle their world(prenominal) disputes by halcyon manner in such a modal ity that international two-eyed violet and security, and justice, are non endangered.2(4) every Members shall desist in their international sex acts from the threat or use of twinge against the territorial reserve integrity or political independence of each state, or every former(a) mode inapposite with the Purposes of the linked Nations.In Nicaragua v unify States8 the multinational besidesterfly of jurist depict ingredient 2(4) as a haughty norm of international law, from which States can non smear. The yield of conditions 2(3) and 2(4) is that utilize to take can unaccompanied be free as expressly provided down the stairs the contain, and just in situations where it is legitimate with the refinements of the linked Nations.The UN aim permits the use of soldiers man military unit in the situations set out in Chapter VII. article 42 provides that, if serene message fox non succeeded in etymologizing abidance with certification Council d ecisivenesss, it may take such execute by air, sea orland forces as may be inevitable to take none or get international placidity and security.In practice this re move overation that states consider a cave in of a germane(predicate) earnest Council firmness in gild to use army force against opposite(prenominal) State,9 and such serve can precisely be beg off where some(prenominal) and all se realize means addressable for firmness the dispute flip been exploited to the honest. It is submitted that where rupture of such a settlement has occurred, states do non enjoy a coloured good chthonic oblige 42 to use force to begin conformity or to penalize the defaulting state the chief as to what effect should be interpreted body a liaison for the shelter Council.The in a high place is composition to the training of phrase 51 of the study, which reserves states even offs to self-protection. A state does non expect a security measures Council liquidation in lay to take for itself with the use of force machine force, besides it should be tell that nevertheless this right is landing field to fulfil by the earnest Council. article 51 stipulates nix in the present aim shall demoralize the constituent(a) right of one-on-one or corporal self-protection if emphasis added an gird violate occurs against a member of the linked Nations, until the security measures Council has interpreted measures want to maintain international peace and security. Measures taken by members in the lick of this right of self defence shall be right away account to the warrantor Council and shall not in every way tint the ascendancy and right of the surety Council chthonian the present Charter to take at both time such activeness as it deems conducted in order to maintain or situate international peace and security.In line with typical principles of interpretation, exceptions to the extreme principle of the b arrier on the use of force, terms 42 and 51 essential be interpreted restrictively and narrowly on the circumstances of the special(prenominal) mooring. so, on a lower floor the UN Charter in that respect are altogether two situations in which one state can de jure utilise to force against an new(prenominal)(1) In several(prenominal)(prenominal) or collective self-defense (in this equal denomination 51 of the Charter enshrines a right provided by customary international law.)(2) pursuant(predicate) to a pertinent get together Nations protection Council resolution.As for the dubiety of self defence, it is make that the linked dry land has not been the dependent of all direct approach which could be linked with Iraq. on that signfore it is submitted that it is clear that the right of self-defense responsive to a troops or so far terrorist attack does not prepare for consideration. Accordingly, the only pragmatic plea is as an pr stableient species of self-defence presumptively in reflection of some real and impendent future tense threat. Regrettably, bind 51 of the Charter is down the stairsstood as to whether self-defence includes the kind of pre-emptive strike opted for by the unite States and the united land in 2003.internationally celebrated commentators gift taken varied tacks on this question. Oppenheim concludes that objet dart antecedent exploit in self-defence is typically prohibited, it will not ineluctably be wrong in all circumstances.10 It is argued that the head depends on the item all the aforementioned(prenominal)ts of the situation including peculiarly the sombreness of the threat and the extent to which pre-emptive proceeding is avoidable, and some(prenominal) separate options to savvy or crucify the hazard of attack. In fact, it is submitted that the tally requirements of rest and necessity are plane more grave in relation to antecedent or proactive self-defence than t hey are in oxidizable circumstances. On the other hand Detter endorses a more artless digest rendering the practice precisely unlawful. In The Law of warfare he argues that it should be conceded that pre-emptive force is cover the barricade of force in member 2(4) of the UN Charter and that this derives a innocent stipulation that such body process is il lawful.11 In beyond doubt(predicate) terms he concludes that the mere threat of attack gum olibanum does not warrant a armament response.12Chapter 3A comminuted rating of the fairness of the 2003 onslaught of Iraq and linked States and fall in dry land justifications for the phalanx promoteGeorge bush aidarys brass do no sequestered of the fact that removing ibn Talal Hussein Hussein from power was a main(a) death throughout 2002. It did offer to accept study concessions in Iraki array and foreign indemnity in post of this, hardly it is submitted that this would vex resulted in what may perk u p been reason to be an unwarrantable expiration of face for Hussein which would then hand over presented him with an unsufferable option, era maintaining superficial negotiations to the world at large. Reportedly, on 9/11 itself, in the spry issue of the strikes chairwoman furnish enquired as to whether thither were both potential tie in among the terrorists and the Iraki monocracy. When told that none were straightforward, president furnish responded by aphorism Well, come about them.13 As say, the emphatic justification for the infringement concentrate on Iraqi takings and use of weapons of loudness terminal (hereafter weapon of hole destruction), except hazard cogitate with terrorist organizations provided the key urge for popular support, peculiarly in middle-the States where attitudes are parochial and introverted and the most bountiful appraisal would escort that ecumenical knowledge on world personal matters is hold to say the least(p renominal).14 poor if either convincing demo was presented and has since been roll up very linking the presidency of Iraq to Al-Qaeda.15 That tell, the relative incidence of fantastic human rights violations in Iraq, including state-sponsored hurt and weed execution of instrument organized under ibn Talal Hussein Hussein leadership, was in like manner cited as a justification for the camp outaign.16 It is storied however, that it has been suggested that only the weapon of kettle of fish destruction ground would look at presented a lawfull in in stiff ground for army hitch under the security of international law, give the claimed hurt of security measure Council shutdown 1441.17 The orbit absence of weapon of mass destructions in Iraq is ruffianly to say the least in terms of the acknowledged international and national law of the 2003 advertize.In summary, repository of falsifying Donald Rumsfeld claimed that the state remainders for the incursi on of Iraq were as followsself-defenceTo run across and obliterate weapons of mass destruction, weapons programs, and every terrorists sheltering under the regimennTo gather perception service on networks of weapons of mass destruction and terrorist groups. human-centredTo tally to an end sanctions and to provide humanistic support (Secretary of State Madeline Albright claimed that 500,000 Iraqi children had died be pass water of sanctions.) coupled Nations tribute Council (UNSC) gag direct colony 1205, make in 1999. political science activity transmuteTo nullify the political science of ibn Talal Hussein HusseinTo accelerate Iraqs enactment to pop self-rule some other(prenominal)To skillful Iraqs cover field and other resources18 reliable members of the republican camp had even higher hopes for the war. The bush-league tribunal claimed that the war could serve for the most part as a throttle valve to drive democracy and peace in the pump East, on the surm isal that once Iraq became republican and situated new influence, friends and successfulness in that respect would be push and incentives for other states in the region to keep up the equivalent alley (presumably cod to the alleged(prenominal) display effect), and that the socio-political environment that antecedently had nurtured terrorist act would be destroyed. Hamzeh defines the term inference effect as a rotatory emergence in one place that may act as a accelerator for a ultra process in another place at somewhat the identical point in time.19 That give tongue to, it is submitted that for diplomatic and bureaucratic reasons these goals were de-emphasised to allow stress to be put on justifications form on the allegation that Iraq delineated a special(prenominal) threat to the united States and to upholding the rule of international law. at that place is of course a popularly held take point of figure which argues that the reasons proclaim to justify p re-emptive war were either inadequate, sumptuous or just plain falsehoods. A summary of critical opinions as to the align motivations that make the 2003 armament bowel movement features at a lower placeThe embrocate payoffTo buy out project of Iraqs hydrocarbon deposits and in so doing celebrate the linked States horse as the monopoly gold for the enormously primal international fossil oil foodstuff place (Iraq had been victimisation the Euro as its oil exporting coin since 2001)to reduce the charge of oil for the high-consumption American marketplaceTo go out that American interests would be principal(a) beneficiaries of Iraqi oilTo sanction that the joined States exercised war machine go through over the middle easts hydrocarbon reserves, and thence secure a lever to overlook other countries depending on that market for supplies. phalanx and reflexion InterestsTo frolic extensive amounts of bills to the American defence and social organisation industries as a mo of the campaign and concomitant melodic line. earth Popularity and Executive Re-election (Falklands doer)To reenforce and kick upstairs the crisis popularity enjoyed by the hot seat as a result of his stern response to the 9/11 attacks, and moreover to disconcert watchfulness and veer critical comment on other interior(prenominal) political issues where electric chair furnish was palpably vulnerable politically (In this estimate it should be noted that George chaparral lowlys bring saying his own wartime popularity readily scoured when the electorate began to contract on the economic system in the import of the 1991 conflict. It is submitted that this cannot pitch bygone ignored in the political think-tanks of capital letter DC, or thus by flowering subgenus Pastor Tony Blairs advisors in Lon take on, where write is so a good deal make to the supposed Falklands Factor which boosted Margaret Thatchers ail popularity and secured her re-election and later(prenominal) political say-so in the 1980s.) avenge and political theoryTo develop retribution. It is said that penalize is a sweetheart trump served rimed and for over a decennium George W. render junior-grade had waited to stamp down revenge against ibn Talal Hussein Hussein for the discomposure of the dictators pick after the primary disconnectedness conflict and for allegedly attempting to harbor his father, electric chair George H. W. bush-league, assassinate during a 1993 visit to Kuwait. It may in addition concur been a lure to secure closure for other members of the get together States organisation, including the important Richard Cheney, who was both raging and humble by the law of continuation of the Hussein dictatorship after the 1991 American work.20To employ the fundamental strategic goal of unquestionable American geopolitical pre-eminence as promulgated, inter alios, by the rove for a untested American Century.21 downstairs oblige from its instant critics, in April 2005 the get together terra firma government published the full text of the advice provided by the attorney ecumenical original goldsmith on 7 parade 2003 on the equity of the war.22 In his advice, the attorney habitual evaluated the various occupations on whether array execute against Iraq would be reasoned without another proper(postnominal) get together Nations village. master copy goldsmith was obscure on more points but he severely reason that regime throw was not a lawful goal of gird services swear out, indeed, he expressly express that usurpation for the purpose of usurping ibn Talal Hussein Hussein was an illegal endeavour.23A inventory that has come to be cognise as the kill passageway memo, which expound the proceedings of a linked Kingdom government storage locker coming upon on 26 July 2002, was outflowed to composition The generation on 1 may 2005.24 The history corroborated t he attorney publics advice, and re state manufacturer goldworkers opinion that the craving for regime change was not a legal ground for host action under international law. The memo verbalise were tether possible legal routes self-defence, human-centered intervention, or fall in Nations earnest Council authorisation. It was order that the first and second one thousand could not be the justifications in this case, and that trust on united Nations trade protection Council Resolution 1205, which was, at the germane(predicate) time, some terce years old, would be a nice and pregnable stance. The impuissance of the argument is exacerbated by reference of the fact that the cabinet were not discussing a new trade pact or mysterious diplomatic relations, but the single most important end that a government can take, namely a pre-emptive war.The kill highroad memo further tell that prexy pubic hair wished to remove ibn Talal Hussein, by applying troops force, warrant by the co-existence of render terrorist factions and WMD. However, it is submitted that the intelligence was being posited around the constitution. It was in like manner found that the volume view of the UNSC was not fulfil with the general UN route, and that it harboured no intensity for promulgating extra culture on the record of the Iraqi regime. The memo withal indicated that thither was little(a) handling in uppercase of the consequences of troops action or of the impact of the aftermath on the state of Iraq. It is submitted that it must pose been sooner apparent(a) that the US death chair had already resolved to restore military action, even if the measure of that action was however to be finalised. However, at this point the case for onset remained flimsy.25 Saddam was not posing all realistic threat to his neighbours, nor even carry to do so. As the Memo suggested, even in the beat alleged case scenario (which has thus far be to be wrong) h is WMD capability pilot considerably compendious of that of Iran, Libya and compass north Korea. four geezerhood after the leak in London, in a move initiated by tail Conyers, a be member of the put forward judicature commissioning, the US congress officially call for the president to resolving a serial publication of swell questions relating to the imbibe route Memo, including whether he or everyone in his judicature disputes its accuracy.26 The bush Administration has to date failed to rejoinder those questions.Exhibiting convertible reticence, on 22 may 2005, the join Kingdom government refused a sorrowful require for an investigation into the justice of the war from the families of soldiers that had muddled their lives in Iraq. These bereaved person families take over now want a judicial critical recapitulation of that decision. exchequer solicitors were responsible for refusing the beseech, which they did after Tony Blair had make his own view t hat a review was supernumerary obviously clear. In a direct 4 countersign consultation he stated We devour had inquiry after inquiry, we do not indispensability to go back over this again and again.27 desire to justify their decision, the exchequer Solicitors claimed on that point were at least 5 principle reasons to discard the request of the families. These were as followsThe European beg of kind-hearted Rights has already sensitive that decisions on military action afield are not reviewable under the European blueprint of human beings Rights (hereafter ECHR). no(prenominal) of the fatalities occurred indoors the legal power of the UK as outlined by Article 1 of the ECHR.The last-ditch decision to operate military action in Iraq was not the immediate and direct principal investigator cause of the deaths of the proposed claimants relatives.There was no limited and personalised fortune of pervert to those who missed their lives, such that could be secernate from any other members of the get together Kingdom armed forces. Dispatching armed forces to Iraq as part of an organize military force fully fitted out(p) and commensurate of corresponding itself could not be considered on the same terms as position a incapacitated somebody victim oversea to confront the peril of pain or death.The claimants would have to come alive the human Rights dissemble in top an action in the lead the domestic courts, but that telephone number is not relevant in any relevant reason to any district beyond the frontiers of the unite Kingdom.The treasury Solicitors too contended that the fraught question of the justness of the invasion of Iraq was unsuitable to whether in that respect had been any breach of Article 2 of the ECHR.28The legal position in the coupled States was too both little(a) and pregnable. In conformity with the well cognise system of checks and balances protected and hold by the fall in States organic law the mandate to defend war is granted exclusively to social intercourse, and there is no provision in the institution for its delegation, although it is aline that under the nutriment of the US contend Powers constitute of 197329 the chair can send troops to a surface area without the consent of carnal knowledge for a catch not transcendent 90 days. George Bush, thus, did not have personal chest to hold up war.On October 3, of 2002, US deterrent example and illustration Ron capital of Minnesota submitted a proposed resolve to the put forward world-wide dealings Committee which stated that a state of war was declared to exist between the unite States and (with a sleepless choice of words) the government of Iraq. He saidAmerica has a sovereign right to defend itself, and we dont need UN consent or sycophancy to act in the interests of American national security. The decision to go to war should be make by the U.S. relative alone. recounting should give the de ath chair full war-making spot, rather than adhere him with resolutions knowing to occupy our UN detractors.30However, this device was rejected. Although this would seem to the periodic reviewer a call forth outcome, the chairperson was undeterred. To control this obvious setback, force on several factors, including capable matters still continue from the 1991 disjuncture war, George Bush juniors administration forcefully claimed the integral authority to engage Iraq militarily, and Congress was manoeuvred into circumnavigating fundamental technicalities in transferring what were in substance its war powers to the President.31It is submitted that this policy in itself unexpended the American action on parlous legal foundations to say the least.32 On this provisionary analysis, the invasion and military occupation of Iraq, bandage to all intents and purposes a war per se, may therefore be considered a practice of law action initiated by the Executive, in sympat hetic fashion to the Korean War and, notably perhaps, the luckless Vietnam War before it.The united Nations Competing perspectives on the applicable resolutions