The Legal Case Against War With Iran
The Legal Case Against War With Iran
JURIST Contributing Editor Mary Ellen O’Connell of Notre Dame Law School says that the United States today has no legal basis to use significant armed force against Iran, and that another unlawful war in the wake of the Iraq debacle would be very damaging to American interests and image abroad…
Rumors are flying of a U.S. plan for war with Iran. Secretary of Defense Robert Gates insisted a few days ago, however, that the United States is not planning a war. [1] Let’s hope Gates is speaking the truth because in the circumstances of today the United States has no legal basis to use significant armed force on the territory of Iran. If we learn nothing else from the Iraq debacle it should be the high price of unlawful war.
International law provides only two bases for the lawful use of force: self-defense and Security Council authorization. The Security Council refused to authorize America’s tough economic sanctions package against Iran, so there is little likelihood it would authorize a military strike. [2]
As for self-defense, in an NPR interview on January 31, Under Secretary of State Nicholas Burns invoked United Nations Charter Article 51 with respect to our relations with Iran (although he also said the U.S. is not planning a war). [3] Article 51 provides an exception to the Charter’s general prohibition on the use of force. States have the right to use force in individual and collective self-defense if an armed attack occurs. Secretary Burns seemed to suggest that such a right exists vis-à-vis Iran. In fact of all Iran’s many infractions, none qualify as a trigger for the right of self-defense, meaning that there is no right to use major military force on Iran’s territory.
Read in full: JURIST - Forum: The Legal Case Against War With Iran
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Mark, I finally read the paper you linked to in my comment section ‘The Clean Break’ It outlines Israeli policy for the last six years as seen by the old and new likud and today’s neocons in washington. One may call it the ‘Dirty Break’.
By the way I have just watched a series of documentary parts on infoclearinghouse on western collaboration with Saddam and thei knowledge and sometimes their help and direct responsibility in the atrocities made to the Iraqi people and I recommend the docu very much:
http://www.informationclearinghouse.info/article17053.htm
Chilling isn’t it Sophia? They announced bold as brass years ahead what they were going to do. I agree that’s an excellent set of documentaries. Should be required viewing.
Keep well.
I would not believe a single word of what the generals and particularly the leaders say.
Watch what they do. Aircraft carriers are being sent to the Persian Gulf. They are not going there for vacation.