Law and the use of force after Iraq

Hard cases make notoriously bad law, and they also make a bad basis for asserting that there is no law. Ihe US-led war against Iraq, and disagreements about it in the UN Security Council, do not mean that the twentieth-century attempts to subject the use of force to the rule of law have collapsed. I...

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Veröffentlicht in:Survival
1. Verfasser: Roberts, Adam (VerfasserIn)
Format: UnknownFormat
Sprache:eng
Veröffentlicht: 2003
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Zusammenfassung:Hard cases make notoriously bad law, and they also make a bad basis for asserting that there is no law. Ihe US-led war against Iraq, and disagreements about it in the UN Security Council, do not mean that the twentieth-century attempts to subject the use of force to the rule of law have collapsed. In the Iraq crisis, the US and UK asserted a strong legal basis for their resort to force, namely, existing Security Council resolutions. More generally, both within the Security Council and beyond, a wide variety of grounds for intervention in states has been recognised in international practice. However, attempts to develop doctrines of pre-emption and humanitarian intervention have not commanded broad support, since most states still value the non-intervention norm. Disagreements between states on the legitimacy of certain uses of force remain serious and need to be addressed. (Survival / SWP)
Beschreibung:Lit.Hinw.
ISSN:0039-6338