“Unjust” War, wrongful justification, and international humanitarian law

Abstract

The potential exists for charges of war crimes and crimes against humanity against the perpetrators of the invasion of Iraq, namely, former Prime Minister Tony Blair and his entourage. The findings of the Chilcot Inquiry in 2016 do not rule out the International Criminal Court taking action, and this article argues that it is plausible for those leaders who took the UK to war to be prosecuted for breaching international human rights law and international humanitarian law. This is because, first, the UNSCR 1441 was not respected by the British government that gave UN inspectors more time to investigate if Iraq possessed weapons of mass destruction (WMD), and, second, there is a measure of personal responsibility for those who gave the order for the invasion that has led to catastrophic consequences both in terms of human casualties and material damage in its aftermath.