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Information Journal Paper

Title

LEGITIMACY OF THE USE OF FORCE IN IRAQ FROM THE PERSPECTIVE OF INTERNATIONAL LAW

Pages

  149-172

Abstract

 The US and its allies by a broad interpretation of Article 51 of the UN Charter extended the military operation in Afghanistan to one of so-called 'Axis of Evil' countries. Consequently, since 9/11 USE OF FORCE and SELF-DEFENSE has been among the serious issues debated by the INTERNATIONAL LAWyers. It is evident that any discussion on the USE OF FORCE must be inevitably started from the UN Charter. This is because the Charter specifies instances of lawful resort to force. The UN Charter allows resort to force for two causes; SELF-DEFENSE against an armed attack (Art. 51) and prevention of aggression or threat against international peace and security (Arts. 24, 39). According to the findings of this work, the war in IRAQ does not fall within any of the two categories mentioned. For there had been occurred no attack by IRAQ against the US to justify the US operation. Nor had there been any permission by the Security Council as to the USE OF FORCE to maintain international peace and security. No doubt, developments in INTERNATIONAL LAW results from 'necessities' and no one can deny the mutual relations between INTERNATIONAL LAW and politics. In fact no one can claim that INTERNATIONAL LAW is observed in all cases in the international community. Nor can one make confession as to the utopian status for INTERNATIONAL LAW. However, power is not the only criterion for determination of international relations. Law plays a major role too. It seems that the 9/11 is a turning point in the-developments and new directions in INTERNATIONAL LAW. The traditional INTERNATIONAL LAW is no longer able to give concrete response to the modern problems in the world. However, the reaction to the tragedy of 9/11 and the events have been happening thereafter can have positive impacts on the international legal order if only reactions to the events and the decisions as to the issues concerned are taken in a wise and logical manner, with the world consensus and in harmony with international standards.

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  • Cite

    APA: Copy

    JALALI, MAHMOUD. (2007). LEGITIMACY OF THE USE OF FORCE IN IRAQ FROM THE PERSPECTIVE OF INTERNATIONAL LAW. NAMEH-YE-MOFID, 12(2 (58 LAW)), 149-172. SID. https://sid.ir/paper/3743/en

    Vancouver: Copy

    JALALI MAHMOUD. LEGITIMACY OF THE USE OF FORCE IN IRAQ FROM THE PERSPECTIVE OF INTERNATIONAL LAW. NAMEH-YE-MOFID[Internet]. 2007;12(2 (58 LAW)):149-172. Available from: https://sid.ir/paper/3743/en

    IEEE: Copy

    MAHMOUD JALALI, “LEGITIMACY OF THE USE OF FORCE IN IRAQ FROM THE PERSPECTIVE OF INTERNATIONAL LAW,” NAMEH-YE-MOFID, vol. 12, no. 2 (58 LAW), pp. 149–172, 2007, [Online]. Available: https://sid.ir/paper/3743/en

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