The Iraq War and International Law

Philip Shiner, Andrew Williams, Philip Shiner, Andrew Williams

• Publisher: Hart Publishing
• Year: 2008
• Print ISBN:
  9781841136691
• Edition: 1
• eBook ISBN:
  9781847314581
• Topic: Law
• Subtopic: International Law
• Index: Law

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.

Table of contents

• Prelims
• Preface
• Acknowledgements
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• 1 The Iraq War and International Law: By Way of an Introduction
• 2 The Iraq War, International Law and the Search for Legal Accountability
• 3 The Challenges of Counter-proliferation: Law and Policy of the Iraq Intervention
• 4 The Iraq War: Issues of International Humanitarian Law and International Criminal Law
• 5 International Criminal Law and Iraq
• 6 Complicity before the International Criminal Tribunals and Jurisdiction over Iraq
• 7 The Continuing Occupation? Issues of Joint and Several Liability and Effective Control
• 8 A Plurality of Responsible Actors: International Responsibility for Acts of the Coalition Provisional Authority in Iraq
• 9 Justiciability in the Areas of Foreign Relations and Defence
• 10 Responsibility for Troops Abroad: UN-Mandated Forces and Issues of Human Rights Accountability
• 11 How will the European Court of Human Rights deal with the UK in Iraq? Lessons from Turkey and Russia
• 12 The Future for International Law after Iraq
• 13 Between Hope and Despair: The Iraq War and International Law Futures?
• Index