The Iraq Crisis: What Now?

Author:

Lowe Vaughan

Abstract

Much ink has been spilled over the question of the legality of the invasion of Iraq and of the extraordinary claims to a right to override ‘unreasonable’ uses of veto in the Security Council. That invasion has taken place, and as the United States and the United Kingdom withdrew from the Security Council the draft resoluation that would have expressly authorised that invasion, there was no occasion to override any veto that might have been cast against such a resolution had it been put to the Council. Writing while fighting in Iraq is still processding, it is both too late and too early to consider those questions of legality in great detail: too late to have any practical value; and perhaps too early for the measured appraisal of the situation that will be needed in due course. I want instead to address a slightly different question.

Publisher

Cambridge University Press (CUP)

Subject

Law,Political Science and International Relations

Reference16 articles.

1. Cmnd 3246, 3.

2. House of Commons Foreign Affairs Committee, Fourth Report, Kosovo, Session 1999–2000, HC 28–1, Stationery Office, 23 May 2000.

3. The recent development of this phenomenon is analysed in the fine book by Glover, op cit.

4. See operative para 4, which states that the Council decides to guarantee the inviolability of Kuwait's boundary with Iraq (surely a litmus test of the survival of the coalition's independent authority), and operative para 34, which states that the Council ‘decides to remain seized of the matter and to take such further steps as may be required for the implementation of this resolution and to secure peace and security in the area’, which again clearly indicates that it is for the Council to decide upon what, if any, further action is needed.

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