Law and Power: Legality of Iraq War

“Military action against Iraq, now even without a second UN resolution, would not be illegal under international law. While numerous Security Council resolutions culminating with Resolution 1441 have declared Iraq to be in breach on the matter of weapons of mass destruction this is not the only basis on which any permanent member of the Security Council would be empowered to act independently to maintain or restore international order and security.

“Indeed, if the UN (like the League of Nations) shows itself to be ineffectual in dealing with delinquent states then it is reasonable to argue that responsibility for world security should lie with those states with the capacity and political will to seek it. This is the reality that should underlie any effective legal order.”

Andrew Farran (2003) “Iraq - the Legality of War Issue”, The ILA Exchange