
Contents
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I. Self-defence and Preventative War I. Self-defence and Preventative War
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A. The preventative war argument A. The preventative war argument
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B. Self-defence and pre-emption in international law B. Self-defence and pre-emption in international law
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II. Resolution 1441 (2002) II. Resolution 1441 (2002)
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A. Elements of a possible resolution A. Elements of a possible resolution
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B. Initial draft resolutions B. Initial draft resolutions
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C. Resolution 1441 (2002) C. Resolution 1441 (2002)
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D. Statements made upon the adoption of Resolution 1441 (2002) D. Statements made upon the adoption of Resolution 1441 (2002)
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E. An underlying agreement on the US position? E. An underlying agreement on the US position?
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F. Leaving the US position ‘intact’ F. Leaving the US position ‘intact’
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III. The Operation of the Inspection Regime III. The Operation of the Inspection Regime
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A. The inspection process A. The inspection process
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B. The attempt to obtain a second resolution B. The attempt to obtain a second resolution
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IV. Responses to the Use of Force IV. Responses to the Use of Force
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V. Conclusion V. Conclusion
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5 Resolution 1441 (2002) and the Invasion of Iraq
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Published:September 2010
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Abstract
This chapter outlines the events leading up to US military action against Iraq. It argues that the overall impact of this episode on the international system and the rules on the use of force were, perhaps, rather overstated. There was considerable debate about the reconfiguration of international law in the face of one single super- (or hyper-) power, debate about the Security Council's future credibility, and some soul-searching about the future of the prohibition of the use of force. In fact, the longer-term consequences of this episode have been more limited than might have been expected. The Council has not been precluded from ever again adopting Chapter VII resolutions that might conceivably attract unilateral claims for military enforcement. Instead, the Council has responded pragmatically. It now routinely confirms in resolutions of this kind the specific basis of legal authority used, and reserves expressly the right of the Council to control further steps. Moreover, in addition to refining the substance of any mandate granted, more thought is being devoted to its extension in time.
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