War in Iraq Violates International Law
By Tom Krebsbach
More than two grueling years have passed since U.S. and coalition forces stormed into the sovereign nation of Iraq. Still there has been little discussion in this country about the legal standing of the invasion.
Perhaps that is because most Americans are reluctant to admit this inconvenient but certain fact: The United States/United Kingdom invasion of Iraq in 2003 was a war of aggression, a crime against the peace as defined by the Nuremberg Principles.
Various legal experts employed by the coalition governments will dispute this. But their arguments are incredibly weak and are not taken seriously by an overwhelming majority of scholars of international law in the world. These independent legal scholars, such people as Sean Murphy of George Washington University, Mary Ellen O'Connell of Ohio State University and Philippe Sands of University College London, all hold that the invasion was a blatant violation of international law.
There are only two cases in which a nation or group of nations can legally undertake armed intervention against another nation: in self-defense against an armed attack or if the United Nations Security Council authorizes a coalition of nations to intervene militarily to maintain peace and security in the world.
Contrary to what the Bush administration would like the world to believe, the invasion of Iraq can be justified neither on the basis of self-defense nor because it was sanctioned by the Security Council.
These are the facts that outline the legal status of the war:
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