http://news.bbc.co.uk/2/hi/8453305.stmDutch inquiry says Iraq war had no mandate
An inquiry into the Netherlands' support for the invasion of Iraq says it was not justified by UN resolutions.
The Dutch Committee of Inquiry on Iraq said UN Security Council resolutions did not "constitute a mandate for... intervention in 2003".
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The report demolishes the Dutch case for supporting the invasion, says the BBC's Europe correspondent Jonny Dymond.
It could also be taken to reinforce the international case against the Iraq war, he says.
The report accuses ministers of a selective use of intelligence reports, and says Prime Minister Jan-Peter Balkenende "gave little or no leadership to debates over the Iraq question", which was steered by the foreign minister at the time, Jaap de Hoop Scheffer.
Mr Balkenende formally thanked the committee for its report, but said he needed time to study it before responding.
Mr Balkenende decided to join the "coalition of the willing" assembled by US President George W Bush because, he said, Saddam Hussein had consistently flouted UN resolutions and possessed weapons of mass destruction.
The Dutch parliament opposed the decision to back the invasion.
Committee chairman, Willibrord Davids, said the Netherlands' loyalty to its alliance with the US and UK had taken precedence over the need to ensure the legality of the invasion.
The committee said there had been no UN mandate for the attack, putting the decision to join at odds with international law.
It said "the wording of
Resolution 1441 cannot reasonably be interpreted as authorising individual member states to use military force".
Iraq's alleged breach of Resolution 1441, which gave Iraq "a final opportunity to comply with its disarmament obligations", was used by the coalition, and the Netherlands, to justify its invasion.
However, a memo from the time by Dutch foreign ministry lawyers, subsequently leaked, suggested the war was in fact illegal under international law.
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http://www.pinkyshow.org/archives/episodes/070525/070525_credits.html
Transcript: The Iraq War: Legal or Illegal?
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Back to our original question - the second condition - Did the UN Security Council ever authorize the use of force against Iraq?
This question is much easier to answer - the answer is 'no' . The Bush Administration did attempt to convince the UN Security Council that it should authorize the use of force against Iraq. They did this because only the Security Council has the authority to enforce the resolutions of the charter. If the Security Council had authorized the use of force, the invasion would have been considered legitimate - i.e., legal - under international law. But when the UN wasn't swayed by the so-called evidence, the U.S. went ahead with the invasion anyway. This was an obvious violation of the Charter of the UN, prompting UN Secretary-General Kofi Annan to famously state: "I have indicated it (the invasion) was not in conformity with the UN charter... From the charter point of view, it was illegal."
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