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The '''legality of the ]''' has been widely debated since the ], ], ] and several other countries launched the ].There is a heated debate if this invasion was launched with the explicit authorization from the ]. The Government of the United States believes that the invasion was explicitly authorized by Security Council Resoultion 678 and thus complies with international law.<ref>http://fpc.state.gov/documents/organization/9043.pdf</ref> There is no debate that UNSC Resolution 678 authorizes UN Member States "to use all necessary means to uphold and implement resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area." <ref> http://www.state.gov/p/io/rls/fs/2003/18850.htm</ref>, just debate about what that means. U.S. and U.K. officials argued that U.N. resolutions related to the first Gulf War and also to the 2003 invasion (], ]) and to the subsequent inspections of Iraqi weapons programs (]) authorized the invasion. Critics of the invasion have challenged both of these rationales, arguing that an additional Security Council resolution would have been necessary to specifically authorize the invasion, that the legality of preemptive wars is highly questionable under international law, and that even if such wars were legal, the Hussein regime did not present a sufficiently imminent threat to justify military action.<ref>{{cite news| url=http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| date=16 September, 2004| title=Iraq war illegal, says Annan| publisher=BBC News| accessdate=2006-05-25}}</ref><ref>{{cite web| url=http://jurist.law.pitt.edu/forum/forumnew73.php| title=UN RESOLUTION 1441: COMPELLING SADDAM, RESTRAINING BUSH| first=Mary Ellen| last=O'Connell| publisher=Jurist| accessdate=2006-05-25| year=], ]}}</ref><ref>{{cite web| url=http://www.worldpress.org/specials/iraq/| publisher=World Press Review Online| title=International Law - War in Iraq - United Nations - Iraq| first=Rachel S.| last= Taylor| accessdate=2006-05-25}}</ref> These critics have thus argued that the invasion amounted to a ], which the post-] ] called "the supreme international crime."<ref>Cohn, Marjorie. . Truthout.org, November 9, 2004. Retrieved on May 29, 2007.</ref> The authority of the Nuremburg Tribunal presently rests only with the UN Security Council (UN Charter Article 39)<ref>UN Charter Article 39 http://www.un.org/aboutun/charter/</ref>, so the 2003 inconclusive legal debate before that body remains the defining legal authority on this question.
{{Use dmy dates|date=July 2023}}
While politicians, journalists, and academics have extensively discussed questions about the war's legality, the World Community has decided that there need be no formal proceedings to address the issue. No nation-member of the ] has expressed the desire to have the ] rule on the war's legality.<ref name="Letter_2006-02-09">Luis Moreno-Ocampo ''''(PDF)</ref>, the ICC does have jurisdiction over alleged war crimes and has issued the opinion that all known war crimes are being addressed by national authorities.<ref name="Letter_2006-02-09">Luis Moreno-Ocampo ''''(PDF) ] ]</ref> The ], as outlined in Article 39 of the ], has the ability to rule on the legality of the war, but because both the United States and Great Britain are permanent members of that body with veto power, action by the Security Council is highly improbable. The UN Charter permits the UN ] to take action is this case, but it has elected not to do so. Although the legal questions would seem to be settled by the decions of the UN Security Council and General Assembly to act, vigorous debate in the court of public opinion continues.


]
Notwithstanding the lack of formal proceedings, many legal experts, along with British, U.S., and international leaders have publicly argued that the war was illegal. Former Secretary General Kofi Annan said in September 2004 that "From our point of view and the UN Charter point of view, it (the war) was illegal." <ref>{{cite news| url=http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| date=16 September, 2004| title=Iraq war illegal, says Annan| publisher=BBC News| accessdate=2006-05-25}}</ref> The Secretary General's opinion is legally irrelevant as he has no role within the ] for such matters (under Articles 39-42).
The legality of the ] is a contested topic that spans both domestic and international law. Political leaders in the US and the UK who supported the ] have claimed that the war was legal.<ref name="gwls-murphy">{{Cite web |url=https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1898&context=faculty_publications |title=Assessing the Legality of Invading Iraq |last=Murphy |first=Sean |date=2004 |website=George Washington Law School |url-status=live |archive-url=https://web.archive.org/web/20161114214511/https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1898&context=faculty_publications |archive-date=14 November 2016}}</ref> However, many legal experts and other world leaders have argued that the war lacked justification and violated the ].


In the UK, ], chairman of the ], concluded that the process of identifying the legal basis for the invasion of Iraq was unsatisfactory and that the actions of the US and the UK undermined the authority of the United Nations. ], Deputy Prime Minister to ], has also argued that the invasion of Iraq lacked legality.<ref>{{cite web |date=9 July 2016 |title=Iraq War was illegal, says Blair's former deputy |url=http://english.alarabiya.net/en/News/middle-east/2016/07/10/Iraq-war-was-illegal-says-Blair-s-former-deputy-.html |url-status=live |archive-url=https://web.archive.org/web/20220104233622/https://english.alarabiya.net/News/middle-east/2016/07/10/Iraq-war-was-illegal-says-Blair-s-former-deputy- |archive-date=4 January 2022 |access-date=17 November 2017 |website=Al-Arabiya}}</ref> In a 2005 paper, Kramer and Michalowski argued that the war "violated the UN Charter and ]".<ref>{{Cite journal |last1=Kramer |first1=Ronald C. |last2=Michalowski |first2=Raymond J. |date=1 July 2005 |title=War, Aggression and State Crime |journal=The British Journal of Criminology |language=en |volume=45 |issue=4 |pages=446–469 |doi=10.1093/bjc/azi032 |issn=0007-0955}}</ref>
== International law ==


Russian President ] stated that the war was unjustified.<ref name="abc.net.au">{{cite web |url=http://www.abc.net.au/news/2003-12-19/iraq-war-was-unjustified-putin-says/108124 |title=Iraq war was unjustified, Putin says |date=19 December 2003 |website=ABC |access-date=17 November 2017 |archive-url=https://web.archive.org/web/20161027041059/https://www.abc.net.au/news/2003-12-19/iraq-war-was-unjustified-putin-says/108124 |archive-date=27 October 2016 |url-status=live}}</ref> In a televised conference before a meeting with the US envoy to Iraq, Putin said that, "The use of force abroad, according to existing international laws, can only be sanctioned by the United Nations. This is the international law. Everything that is done without the UN Security Council's sanction cannot be recognized as fair or justified."<ref>{{cite web |url=http://edition.cnn.com/2003/WORLD/europe/12/18/sprj.irq.uk.baker/ |title=U.S. urges Putin to drop Iraq debt |date=18 December 2003 |website=CNN |access-date=17 November 2017 }}</ref><ref name="abc.net.au" /><ref>{{cite web |url=https://www.buzzfeed.com/alisonvingiano/times-russia-condemned-the-use-of-force-without-un-approval |title=11 Times Russian Leaders Condemned The Use Of Force Without U.N. Approval |website=Buzzfeed |date=March 2014 |access-date=17 November 2017 |archive-url=https://web.archive.org/web/20201111175354/https://www.buzzfeednews.com/article/alisonvingiano/times-russia-condemned-the-use-of-force-without-un-approval |archive-date=11 November 2020 |url-status=live}}</ref>
===United Nations Charter===


US and UK officials have argued that the invasion was already authorized under existing ] resolutions regarding the ], the subsequent ] (], ]), and later inspections of Iraqi weapons programs (]).<ref>{{cite web|url=https://fpc.state.gov/documents/organization/9043.pdf|title=We're sorry, that page can't be found.|website=fpc.State.gov|access-date=17 November 2017}}</ref>
Article 25 of the ]: "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter." This means that the 2003 UNSC decision to take no action is legally binding upon all UN members, unless reversed.


] have challenged these assertions. They argued that an additional Security Council resolution, which the US and UK failed to obtain, would have been necessary to specifically authorize the invasion.<ref name=autogenerated2>{{cite news| url=http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| date=16 September 2004| title=Iraq war illegal, says Annan| work=BBC News| access-date=2006-05-25}}</ref><ref>{{cite web|url=http://jurist.law.pitt.edu/forum/forumnew73.php |title=UN Resolution 1441: Compelling Saddam, Restraining Bush |first=Mary Ellen |last=O'Connell |publisher=Jurist |access-date=2006-05-25 |date=November 21, 2002 |url-status=dead |archive-url=https://web.archive.org/web/20060516140700/http://jurist.law.pitt.edu/forum/forumnew73.php |archive-date=May 16, 2006 }}</ref><ref>{{cite web| url=http://www.worldpress.org/specials/iraq/| publisher=World Press Review Online| title=International Law - War in Iraq - United Nations - Iraq| first=Rachel S| last= Taylor| access-date=2006-05-25}}</ref> In September 2004, then-United Nations Secretary-General ] stated, "I have indicated that it is not in accordance with the UN charter. From our point of view and the UN Charter point of view, it was illegal."<ref name="autogenerated2" /><ref>{{cite news |author=Ewen MacAskill and Julian Borger in Washington |date=16 September 2004 |title=Iraq war was illegal and breached UN charter, says Annan |url=https://www.theguardian.com/world/2004/sep/16/iraq.iraq |access-date=19 April 2010 |publisher=Guardian |location=London}}</ref>
Article 39 of the ]: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security." This provision gives the Council the ability to determine whether a military action constitutes an unauthorized "]" in international law terms, there is no other legal authority with such jurisdiction.<ref></ref> The UN Security Council met in 2003 for two days and decided that it was "seized of the matter", and did not exercise it's authority to order the invasion of Iraq to be illegal aggression.


The UN Security Council, as outlined in Article 39 of the UN Charter, has the ability to rule on the legality of the war. It has yet not been asked to do so by any UN member nation. Given that the United States and the United Kingdom have ] in the Security Council, action by the Security Council is highly improbable even if the issue were to be raised. Despite this, the ] (UNGA) may ask the ] (ICJ)—"the principal judicial organ of the United Nations" (Article 92)—to give either an 'advisory opinion' or 'judgement' on the legality of the war.
Article 51 of the ]: Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.


==Legitimacy==
===International Criminal Court===
], Iraq.]]
A dispute exists over the '''legitimacy of the 2003 invasion of Iraq'''. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached ], or if the United Nations Security Council authorized the invasion (whether the conditions set in place after the ] allowed the resumption if Iraq did not uphold to the ]).<ref>{{cite news|url=https://www.theguardian.com/letters/story/0,3604,909275,00.html |title=War would be illegal |work=The Guardian|date=March 7, 2003|location=London}}</ref> Those arguing for its legitimacy often point to ] and ] resolutions, such as ] and ].<ref>"International Law and the War in Iraq," John Yoo. ''The American Journal of International Law'', Vol. 97, No. 3 (Jul., 2003), pp. 563-576 {{doi|10.2307/3109841}}.</ref><ref>"Future Implications of the Iraq Conflict." W.H. Taft and T’F. Buchwald. ''The American Journal of International Law'', Vol. 97, No. 3 (Jul., 2003), pp. 553-563 {{doi|10.2307/3109841}},</ref> Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor"<ref>{{cite web|url=https://www.un.org/Docs/sc/unsc_functions.html |title=Functions and Powers |publisher=United Nations |url-status=dead |archive-url=https://web.archive.org/web/20030402031311/http://www.un.org/Docs/sc/unsc_functions.html |archive-date=April 2, 2003 }}</ref> in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.


There are ongoing debates regarding whether the invasion was launched with the explicit authorization of the ]. The Government of the United States asserts that the invasion was explicitly authorized by ] and thus complies with international law.<ref>{{cite journal|author=CRS Issue Brief for Congress|date=February 2002|title=Iraq-U.S. Confrontation|journal=Alfred B. Prados and Kenneth Katzman|issue=IB94049|url=https://fpc.state.gov/documents/organization/9043.pdf|access-date=2009-04-23|archive-url=https://web.archive.org/web/20090409073529/http://fpc.state.gov/documents/organization/9043.pdf|archive-date=2009-04-09|url-status=live}}</ref> The Security Council Resolution 678 authorizes UN Member States to "use all necessary means to uphold and implement ] and all subsequent relevant resolutions and to restore international peace and security in the area",<ref>{{cite press release|publisher=Department of State|date=2003-03-20|title=Saddam Hussein's Defiance of UNSCRs|url=http://2001-2009.state.gov/p/io/rls/fs/2003/18850.htm|access-date=2009-04-23|archive-url=https://web.archive.org/web/20090219124501/http://2001-2009.state.gov/p/io/rls/fs/2003/18850.htm|archive-date=2009-02-19|url-status=live}}</ref> however there exist different interpretations of its meaning. The only legal jurisdiction to find "aggression" or to find the invasion illegal rests with the Security Council under ] Articles 39–42. The Security Council met in 2003 for two days, reviewed the legal claims involved, and elected to be "seized of the matter".<ref>Patrick McLaren, ''Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force against Iraq'' (2003) 13 Duke Journal of Comparative and International Law 233 (Lexis)</ref><ref>Bill Campbell and Chris Moraitis, 'Memorandum of Advice to the Commonwealth Government on the Use of Force against Iraq' (2003) 4 Melbourne Journal of International Law 178.</ref> The Security Council has not reviewed these issues since 2003. The public debate, however, continues. Former ] ] expressed his opinion that the invasion of Iraq was "not in conformity with the UN charter from the charter point of view, was illegal".<ref>{{cite news |author-link=Owen Bennett-Jones |last=Bennett-Jones |first=Owen |date=2004-09-16 |url=http://news.bbc.co.uk/1/hi/world/middle_east/3661640.stm |title=Excerpts: Annan interview |publisher=BBC |access-date=2009-04-18 |archive-url=https://web.archive.org/web/20090326195308/http://news.bbc.co.uk/1/hi/world/middle_east/3661640.stm |archive-date=2009-03-26 |url-status=live }}</ref>


===United Nations Security Council=== === Saddam's record ===
While in power, Saddam Hussein invaded Iran in 1980 and began the ], which lasted until 1988.<ref>{{cite web |publisher=United Nations |title=خطای نابهنگام |date=12 September 1991 |access-date=2012-02-05 |page=, , |language=fa|url=http://www.irna.com/occasion/defence/english/un/page1.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120205102912/http://www.irna.com/occasion/defence/english/un/page1.pdf |archive-date=5 February 2012 }}</ref> Iraq's invasion was ] who funneled over $5 billion to support Saddam's party and sold Iraq hundreds of millions of dollars worth of military equipment. During the war, Hussein used chemical weapons on at least 10 occasions, including attacks against civilians.<ref>{{cite press release|publisher=The White House|date=2002-09-12|title=Saddam Hussein's Development of Weapons of Mass Destruction|url=https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect3.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20180922202027/https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect3.html|archive-date=2018-09-22|url-status=live}}</ref> In 1990, Iraq invaded Kuwait and began the ]. After the ] agreement was signed between Saddam and the UN in 1991, which suspended the hostilities of the Gulf War, Iraq repeatedly violated 16 different ] resolutions from 1990 to 2002.<ref>{{cite press release|publisher=The White House|date=2002-09-12|title=Saddam Hussein's Defiance of United Nations Resolutions|url=https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect2.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20170711150828/https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect2.html|archive-date=2017-07-11|url-status=live}}</ref> The ] interviewed regime officials who stated Hussein kept weapon scientists employed and planned to revive Iraq's WMD program after the inspections were lifted, including nuclear weapons.<ref>{{cite web |url=http://www.lib.umich.edu/govdocs/pdf/duelfer1_b.pdf |title=Comprehensive Report of the Special Advisor to the DCI on Iraq's WMD: Volume 1; Regime Strategic Intent Page 1, "Key Findings" |access-date=2007-08-31 |quote=He sought to balance the need to cooperate with UN inspections—to gain support for lifting sanctions—with his intention to preserve Iraq’s intellectual capital for WMD with a minimum of foreign intrusiveness and loss of face. … Saddam wanted to recreate Iraq's WMD capability—which was essentially destroyed in 1991—after sanctions were removed and Iraq's economy stabilized, but probably with a different mix of capabilities to that which previously existed. Saddam aspired to develop a nuclear capability—in an incremental fashion, irrespective of international pressure and the resulting economic risks—but he intended to focus on ballistic missile and tactical chemical warfare (CW) capabilities. |archive-url=https://web.archive.org/web/20070713075625/http://www.lib.umich.edu/govdocs/pdf/duelfer1_b.pdf |archive-date=2007-07-13 |url-status=live }}</ref> Under ], he was given a "final opportunity" to comply, and he again violated the resolution by submitting a false report to ] inspectors and continually preventing them from inspecting Iraq's WMD sites.<ref>{{cite web |url=https://www.un.org/Depts/unmovic/BlixSC19dec.htm |title=Hans Blix Security Council Briefing Notes |date=2002-12-19 |access-date=9 July 2007 |quote=During the period 1991–1998, Iraq submitted many declarations called full, final and complete. Regrettably, much in these declarations proved inaccurate or incomplete or was unsupported or contradicted by evidence. In such cases, no confidence can arise that proscribed programmes or items have been eliminated. … The overall impression is that not much new significant information has been provided in the part of Iraq's Declaration, which relates to proscribed weapons programmes, nor has much new supporting documentation or other evidence been submitted. |archive-url=https://web.archive.org/web/20080126114111/http://www.un.org/Depts/unmovic/BlixSC19dec.htm |archive-date=26 January 2008 |url-status=live |df=dmy-all }}</ref><ref>{{cite web |url=https://www.theguardian.com/world/2003/feb/14/iraq.unitednations1 |title=Hans Blix's briefing to the security council |date=14 February 2003 |work=] |access-date=21 July 2013 |archive-url=https://web.archive.org/web/20130826223940/http://www.theguardian.com/world/2003/feb/14/iraq.unitednations1 |archive-date=26 August 2013 |url-status=live |df=dmy-all }}</ref>


During the Gulf War, Iraq took foreign civilians hostage on an unprecedented scale.<ref>{{cite web |url=http://www.fas.org/irp/threat/terror_90/sponsored.html |title=Overview of State-Sponsored Terrorism |publisher=Federation of American Scientists |year=1990 |access-date=9 July 2007 |archive-url=https://web.archive.org/web/20171011223622/https://fas.org/irp/threat/terror_90/sponsored.html |archive-date=11 October 2017 |url-status=live |df=dmy-all }}</ref> Hussein attempted to use terrorism against the United States during the Gulf War and against former President ] in Kuwait in 1993 for leading the Gulf War against him.<ref>{{cite web|url=https://www.usnews.com/usnews/news/articles/980302/archive_003360.htm |title=Tracking Saddam's Network |work=U.S. News & World Report |date=1998-02-22 |access-date=9 July 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070929134126/http://www.usnews.com/usnews/news/articles/980302/archive_003360.htm |archive-date=29 September 2007 }}</ref> He had a long history of supporting fighters in Palestine by giving money to families of suicide bombers<ref>{{cite web |url=http://www.terrorism-info.org.il/malam_multimedia/html/final/eng/bu/iraq/iraq_f_a.htm |title=Iraqi Support for and Encouragement of Palestinian Terrorism (Part 1) |date=August 2002 |access-date=9 July 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070927033655/http://www.terrorism-info.org.il/malam_multimedia/html/final/eng/bu/iraq/iraq_f_a.htm |archive-date=27 September 2007 }}</ref> and gave refuge to other fighting groups against neighboring states in the region.<ref>{{cite press release|publisher=The White House|date=2002-09-12|title=Saddam Hussein's Support for International Terrorism|url=https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect5.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20180309223506/https://georgewbush-whitehouse.archives.gov/infocus/iraq/decade/sect5.html|archive-date=2018-03-09|url-status=live}}</ref>
== Principal legal rationales ==


In 2000, two human rights groups, ] and the Coalition for Justice in Iraq, released a joint report documenting the indoctrination of children into a fighting force. These children as young as five were recruited into the ] or Saddam's Cubs. The children would be separated from their parents and undergo military training. Parents objecting to this recruitment would be executed and children jailed if they failed to comply. These jails were later noted by ] in an interview with ].<ref>{{cite news |url=http://www.time.com/time/nation/article/0,8599,351165,00.html |title=Time Magazine: Scott Ritter in his Own Words |access-date=9 August 2007 |first=Massimo |last=Calabresi |date=September 14, 2002 |archive-url=https://web.archive.org/web/20060612220940/http://www.time.com/time/nation/article/0,8599,351165,00.html |archive-date=12 June 2006 |url-status=dead |df=dmy-all }}</ref>
It is claimed that the invasion was fully legal<ref>http://www.state.gov/p/io/rls/fs/2003/18850.htm</ref> <ref>http://www.state.gov/p/io/rls/fs/2003/17926.htm</ref>. International legal experts, including the ] (but not the ]), a group of 31 leading Canadian law professors, and the U.S.-based Lawyers Committee on Nuclear Policy have denounced both of these rationales.<ref>http://www.robincmiller.com/ir-legal.htm</ref><ref>http://www.commondreams.org/headlines03/0321-10.htm</ref>

<ref>http://www.icj.org/news.php3?id_article=2770&lang=en</ref>
Vice President Cheney stated in 2006 that the U.S. would still have invaded Iraq even if intelligence had shown that there were no weapons of mass destruction. He said Hussein was still dangerous because of his history of using WMD, and taking him out of power "was the right thing to do".<ref>{{cite web|url=http://www.nbcnews.com/id/14767199|archive-url=https://web.archive.org/web/20130424111639/http://www.nbcnews.com/id/14767199/|url-status=dead|archive-date=April 24, 2013|title=Cheney: WMD or not, Iraq invasion was correct|date=10 September 2006 |access-date=2007-08-31|quote=He’d done it before,' Cheney said. 'He had produced chemical weapons before and used them. He had produced biological weapons. He had a robust nuclear program in ’91.' The U.S. invasion 'was the right thing to do, and if we had to do it again, we would do exactly the same thing,' he said.|publisher=NBC News}}</ref>

According to ], Saddam Hussein was giving $25,000 to the families of suicide bombers who were aggressive toward Israel.<ref>{{Cite web |url=http://thedailyshow.cc.com/videos/j6f55l/donald-rumsfeld-pt--1 |title=Donald Rumsfeld Pt. 1 - the Daily Show - Video Clip |access-date=2014-07-12 |archive-url=https://web.archive.org/web/20140714153309/http://thedailyshow.cc.com/videos/j6f55l/donald-rumsfeld-pt--1 |archive-date=2014-07-14 |url-status=dead }}</ref>

=== Weapons of mass destruction ===
{{Further|Iraq and weapons of mass destruction}}
] holding a model vial of anthrax while giving a presentation to the ]]]
In the past, ] and the technology to develop them by Germany, France, United States and the United Kingdom.<ref>{{cite news|url=https://www.theguardian.com/politics/2003/mar/06/uk.iraq2|author=David Leigh|title=The strange case of Falluja 2|date=2003-03-06|work=The Guardian|access-date=2008-09-20|location=London|quote=The plant was sold and installed by a British company in Hounslow, Uhde Ltd.|archive-url=https://web.archive.org/web/20130826233604/http://www.theguardian.com/politics/2003/mar/06/uk.iraq2|archive-date=2013-08-26|url-status=live}}</ref> Saddam used these weapons against Iranian forces in the Iran–Iraq War, and against Kurdish civilians in the Iraqi town of ]. In 1990 during the ] Saddam had the opportunity to use these weapons, but chose not to. One of the noted reasons is the Iraqi forces' lack of up to date equipment to protect themselves from the effects, as well as the speed with which the US forces traversed the open desert.<ref>{{cite web|url=http://www.globalsecurity.org/wmd/world/iraq/cw-non-use.htm|title=Gulf War Non-Use of Chemical Weapons|publisher=GlobalSecurity.org|access-date=2006-02-28|archive-url=https://web.archive.org/web/20060227211509/http://www.globalsecurity.org/wmd/world/iraq/cw-non-use.htm|archive-date=2006-02-27|url-status=live}}</ref> From 1991 to 1998 ] inspected Iraq and worked to locate and destroy WMD stockpiles. The team was replaced in 1999 with the United Nations Monitoring Verification and Inspection Commission, ].

In 2002, ], a former ] weapons inspector, heavily criticized the Bush administration and the news media for relying on the testimony of alleged Iraqi nuclear scientist and defector ] as a rationale for invading Iraq.

{{blockquote|
We seized the entire records of the Iraqi Nuclear program, especially the administrative records. We got a name of everybody, where they worked, what they did, and the top of the list, Saddam's "Bombmaker" was a man named Jafar Dhia Jafar, not Khidir Hamza, and if you go down the list of the senior administrative personnel you will not find Hamza's name in there. In fact, we didn't find his name at all, because in 1990 he didn't work for the Iraqi Nuclear Program. He had no knowledge of it because he worked as a kickback specialist for ] in the Presidential Palace.

He goes into northern Iraq and meets up with ]. He walks in and says, "I'm Saddam's 'Bombmaker'." So they call the CIA and they say, "we know who you are, you're not Saddam's 'Bombmaker', go sell your story to someone else." And he was released, he was rejected by all intelligence services at the time, he's a fraud.

And here we are, someone who the ] knows is a fraud, the US Government knows is a fraud, is allowed to sit in front of the ] and give testimony as an expert witness. I got a problem with that, I got a problem with the American media, and I've told them over and over and over again that this man is a documentable fraud, a fake, and yet they allow him to go on ], ], ], and testify as if he actually knows what he is talking about.<ref>{{cite news |url=http://www.northcountrypublicradio.org/news/ritter.html |title=The Iraqi Threat: How Real Is It? |access-date=2011-01-06 |date=October 2002 |archive-url=https://web.archive.org/web/20110511091228/http://www.northcountrypublicradio.org/news/ritter.html |archive-date=2011-05-11 |url-status=live }}</ref>}}

No militarily significant WMDs have been found in Iraq since the invasion, although several degraded chemical munitions dating to before 1991 have been. On June 21, 2006, a report was released through the ], stating that since 2003, approximately 500 degraded chemical munitions have been discovered dating from before 1991 in Iraq, and "likely more will be recovered".<ref name="FoxWMD">{{cite news|url=http://www.foxnews.com/politics/2006/06/22/report-hundreds-wmds-iraq/ |title=Report: Hundreds of WMDs Found in Iraq |date=June 21, 2006 |publisher=Fox News |access-date=2006-04-29 |url-status=dead |archive-url=https://web.archive.org/web/20090122211324/http://www.foxnews.com/politics/2006/06/22/report-hundreds-wmds-iraq/ |archive-date=January 22, 2009 }}</ref> The weapons are filled "most likely" with Sarin and Mustard Gas.<ref>{{cite news|url=http://www.foxnews.com/projects/pdf/Iraq_WMD_Declassified.pdf|author=House of Representatives Permanent Select Committee on Intelligence|title=De-classified Report|date=June 21, 2006|publisher=Fox News|access-date=2006-04-29|archive-url=https://web.archive.org/web/20060623135015/http://www.foxnews.com/projects/pdf/Iraq_WMD_Declassified.pdf|archive-date=June 23, 2006|url-status=live|df=mdy-all}}</ref> However, the ] states that these weapons were not in usable condition, and that "these are not the WMDs this country and the rest of the world believed Iraq had, and not the WMDs for which this country went to war".<ref name="FoxWMD" />

In January 2006, '']'' reported that, "A high-level intelligence assessment by the Bush administration concluded in early 2002 that the sale of uranium from Niger to Iraq was 'unlikely'."<ref>{{cite web|url=https://www.nytimes.com/2006/01/18/politics/18niger.html|work=New York Times|date=18 January 2006|title=2002 Memo Doubted Uranium Sale Claim|first=Eric|last=Lichtblau|access-date=22 February 2017|archive-url=https://web.archive.org/web/20150829200911/http://www.nytimes.com/2006/01/18/politics/18niger.html|archive-date=29 August 2015|url-status=live|df=dmy-all}}</ref> The Iraqi government denied the existence of any such facilities or capabilities and called the reports lies and fabrications, which was backed by the post-war prima facie case that no WMDs were evident or found.
], October 2, 2002.]]

Former CIA officials have stated that the White House knew before the invasion that Iraq had no weapons of mass destruction, but had decided to attack Iraq and continue to use the WMD story as a false pretext for launching the war.<ref>{{cite news|url=https://www.smh.com.au/news/breaking-news/white-house-knew-there-were-no-wmd-cia/2006/04/22/1145344306427.html|title=White House knew there were no WMD: CIA|work=The Sydney Morning Herald|date=April 22, 2006|access-date=October 29, 2006|archive-url=https://web.archive.org/web/20060602045602/http://www.smh.com.au/news/breaking-news/white-house-knew-there-were-no-wmd-cia/2006/04/22/1145344306427.html|archive-date=June 2, 2006|url-status=live|df=mdy-all}}</ref> The leaked ], an internal summary of a meeting between British defense and intelligence officials, states that Bush administration had decided to attack Iraq and to "fix intelligence" to support the WMD pretext to justify it. A transcript of a secret conversation between President Bush and PM Blair leaked by a government whistleblower reveals that the US and UK were prepared to invade Iraq even if no WMD were found.<ref name=nytimes3272006>{{cite news|url=https://www.nytimes.com/2006/03/27/international/europe/27memo.html?pagewanted=2|title=Bush Was Set on Path to War, British Memo Says|work=The New York Times|first=Don Van|last=Natta, Jr|date=March 27, 2006|access-date=February 22, 2017|archive-url=https://web.archive.org/web/20141105232114/http://www.nytimes.com/2006/03/27/international/europe/27memo.html?pagewanted=2|archive-date=November 5, 2014|url-status=live|df=mdy-all}} (see also the ])</ref> British officials in the memo also discuss a proposal by President Bush to provoke Iraq, including using fake UN planes, to manufacture a pretext for the invasion he had already decided on.<ref name=nytimes3272006 /> Best evidence of that false intelligence has been ] uranium story because on March 14, 2003 (before the invasion) it became public knowledge that president ]'s signatory had been forged.<ref>{{cite news|url=http://www.cnn.com/2003/US/03/14/sprj.irq.documents/index.html|title=Fake Iraq documents 'embarrassing' for U.S.|work=CNN|date=March 14, 2003|access-date=April 29, 2007|archive-url=https://web.archive.org/web/20090927013535/http://www.cnn.com/2003/US/03/14/sprj.irq.documents/index.html|archive-date=September 27, 2009|url-status=live|df=mdy-all}}</ref>

In 2004 the ] concluded that, "on the basis of the intelligence assessments at the time", statements by the British Government "on Iraqi attempts to buy uranium from Africa" were "well-founded". Opponents however consider the Butler Review a ] which lacked cross-party support (the panel was appointed by, and reported directly to, the Prime Minister).<ref>{{cite journal|issue=1100|url=http://www.overcast.pwp.blueyonder.co.uk/print/press/private_eye.htm|title=Iraq crisis & what the Butler will not see|journal=Private Eye|date=February 20, 2004|access-date=June 26, 2015|url-status=dead|archive-url=https://archive.today/20120907132755/http://www.overcast.pwp.blueyonder.co.uk/print/press/private_eye.htm|archive-date=September 7, 2012}}</ref>

The ] rejected claims that the Bush administration attempted to influence the intelligence community's pre-war assessments of Iraq's weapons programs, but it did not investigate whether the administration misled the public about the intelligence.<ref>{{cite web|url=http://www.factcheck.org/iraq_what_did_congress_know_and_when.html |title=Iraq: What Did Congress Know, And When? |publisher=Factcheck.org, November 19, 2005 |access-date=7 October 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070927191023/http://www.factcheck.org/iraq_what_did_congress_know_and_when.html |archive-date=27 September 2007 }}</ref>

{{blockquote|
The Commission found no evidence of political pressure to influence the Intelligence Community's pre-war assessments of Iraq's weapons programs. As we discuss in detail in the body of our report, analysts universally asserted that in no instance did political pressure cause them to skew or alter any of their analytical judgments.<ref>{{cite web|url=http://www.factcheck.org/iraq_what_did_congress_know_and_when.html |title=Iraq: What Did Congress Know, And When? |publisher=FactCheck.org |url-status=dead |archive-url=https://web.archive.org/web/20070927191023/http://www.factcheck.org/iraq_what_did_congress_know_and_when.html |archive-date=2007-09-27 }}</ref>
}}

], a 28-year veteran of the ], wrote in '']'' that the method of investigation used by panels—essentially, asking analysts whether their arms had been twisted—would have caught only the crudest attempts at politicization:

{{blockquote|The actual politicization of intelligence occurs subtly and can take many forms. … Well before March 2003, intelligence analysts and their managers knew that the United States was heading for war with Iraq. It was clear that the Bush administration would frown on or ignore analysis that called into question a decision to go to war and welcome analysis that supported such a decision. Intelligence analysts … felt a strong wind consistently blowing in one direction.<ref>{{cite web|url=http://www.foreignaffairs.org/20060301faessay85202/paul-r-pillar/intelligence-policy-and-the-war-in-iraq.html |title=Intelligence, Policy, and the War in Iraq |publisher=Foreign Affairs |date=March–April 2006 |url-status=dead |archive-url=https://web.archive.org/web/20071110203614/http://www.foreignaffairs.org/20060301faessay85202/paul-r-pillar/intelligence-policy-and-the-war-in-iraq.html |archive-date=2007-11-10 }}</ref>}}

Pillar holds that intelligence was "misused to justify decisions already made".<ref>{{cite magazine |url=http://www.time.com/time/magazine/article/0,9171,1158967,00.html |title=Verbatim: Feb. 20, 2006 |magazine=Time |date=February 14, 2006 |access-date=March 7, 2009 |archive-url=https://web.archive.org/web/20070816032407/http://www.time.com/time/magazine/article/0,9171,1158967,00.html |archive-date=August 16, 2007 |url-status=dead |df=mdy-all }}</ref>

Regime ] by coalition forces are reported to reveal Saddam's frustration with weapon inspections. Meeting transcripts record him saying to senior aides: "We don't have anything hidden!" He questions whether inspectors would "roam Iraq for 50 years". "When is this going to end?", he remarks. He tells his deputies in another: "Don't think for a minute that we still have WMD. We have nothing."<ref>{{cite news |url=http://www.foxnews.com/story/0,2933,188665,00.html |title=Transcripts Show Saddam Frustrated Over WMD Claims |publisher=Fox News |date=March 22, 2006 |access-date=September 14, 2007 |archive-url=https://web.archive.org/web/20070530183418/http://www.foxnews.com/story/0,2933,188665,00.html |archive-date=May 30, 2007 |url-status=live |df=mdy-all }}</ref>

Former General Georges Sada maintains the Iraqi leadership ordered the removal of WMD from Iraq to Syria before the 2003 invasion, in spite of the findings by the ], citing an unnamed Iraqi airline captain said to be involved with the operations.<ref>{{cite book |last1=Sada |first1=Georges |last2=Nelson Black |first2=Jim |title=Saddam's Secrets: How an Iraqi General Defied and Survived Saddam Hussein |date=2006 |publisher=Integrity Publishers |isbn=1-59145-404-2 |page=260 }}</ref>. On an episode of ], Sada reiterated these claims.<ref>{{Cite episode |title= |episode-link= |series= The Daily Show|series-link= |first1= Jon|last1= Stewart|first2= Georges|last2= Sada|network= Comedy Central|date= March 21, 2006|season= 11|number= 37|quote= Stewart: "Now this is not- Is this firsthand knowledge of yours? Somebody told you this, you've seen it." Sada: "After 90's, after 90's, they were there, and how I knew they were there, after they were transported, the pilots who transported it, they told me." Stewart: "The guys who flew there..." Sada: "The guys who were responsible-"}}</ref>The final report on Iraqi weapons of mass destruction, issued by Charles Duelfer, concluded in April 2005 that the hunt for weapons of mass destruction had "gone as far as feasible" and found nothing. However, Duelfer reported though that the search for WMD material turned up nothing that his team was "unable to rule out unofficial movement of limited WMD-related materials".<ref>{{cite web |url=https://www.nbcnews.com/id/wbna7634313 |title=CIA's final report: No WMD found in Iraq |publisher=NBC News |date=April 25, 2003 |access-date=January 19, 2007 |df=mdy-all }}</ref>

=== Countries supporting and opposing the invasion ===
]

Support for the invasion and ] included 49 nations, a group that was frequently referred to as the "]". These nations provided combat troops, support troops, and logistical support for the invasion. The nations contributing combat forces during the initial invasion were, roughly:

Total 297,384 – 99% US & UK

The ] (250,000 84%), the ] (45,000 15%), ] (2,000 0.6%), ] (200 0.06%), and ] (184 0.06%), these totals do not include the 50,000+ Iraqi ] soldiers that assisted the coalition. Ten other countries offered small numbers of non-combat forces, mostly either medical teams and specialists in decontamination. In several of these countries a majority of the public was opposed to the war. For example, in ] polls reported at one time a 90% opposition to the war. In most other countries less than 10% of the populace supported an invasion of Iraq without a specific go-ahead from the UN.<ref>{{cite web |url=http://www.gallup-international.com/ContentFiles/survey.asp?id=10 |title=Iraq Poll 2003 |url-status=dead |archive-url=https://web.archive.org/web/20090126150127/http://www.gallup-international.com/ContentFiles/survey.asp?id=10 |archive-date=2009-01-26 }}</ref> According to a mid-January 2003 telephone poll, approximately one-third of the U.S. population supported a unilateral invasion by the US and its allies, while two-thirds supported war if directly authorized by the U.N.<ref>{{cite press release |url=http://www.gallup-international.com/download/GIA%20press%20release%20Iraq%20Survey%202003.pdf |title=Gallup Poll Results |url-status=dead |archive-url=https://web.archive.org/web/20110927044750/http://www.gallup-international.com/download/GIA%20press%20release%20Iraq%20Survey%202003.pdf |archive-date=2011-09-27 }}</ref><ref>{{cite web |url= http://www.gallup-international.com/download//GIA%20Iraq%20Survey%20-%20Results.zip |title= Gallup Poll Results |access-date= 2006-01-30 |archive-url= https://web.archive.org/web/20051227030043/http://www.gallup-international.com/download/GIA%20Iraq%20Survey%20-%20Results.zip |archive-date= 2005-12-27 |url-status= dead }}</ref>

] expressed ]. In many Middle Eastern and Islamic countries there were mass protests, as well as in Europe. On the government level, the war was criticized by ], ], ], ], ], the ], ], ], the ], ], ], ], ], ], ], ], the ], the ] and many others. Although many nations opposed the war, no foreign government openly supported Saddam Hussein, and none volunteered any assistance to the Iraqi side. Leading traditional allies of the U.S. who had supported Security Council ], ], ] and ], emerged as a united front opposed to the U.S.-led invasion, urging that the UN weapons inspectors be given time to complete their work.

Saudi Foreign Minister ] said the U.S. military could not use Saudi Arabia's soil in any way to attack Iraq.<ref>{{cite web | url=https://www.foxnews.com/story/saudis-ban-attack-on-iraq-from-their-soil | archive-url=https://web.archive.org/web/20130405021640/http://www.foxnews.com/story/0,2933,59796,00.html | archive-date=2013-04-05 | title=Saudis Ban Attack on Iraq from Their Soil | url-status=live | website=] }}</ref> After ten years of U.S. presence in Saudi Arabia, cited among reasons by Saudi-born ] for his ] attacks on America on September 11, 2001, most of U.S. forces were withdrawn in 2003.<ref>https://www.usatoday.com/news/washington/2003-08-28-ustroops-saudiarabia_x.htm {{Bare URL inline|date=August 2024}}</ref>

=== Opposition view of the invasion ===
{{Main|Opposition to the Iraq War}}
] did not regard Iraq's violation of UN resolutions to be a valid case for the war, since no single nation has the authority, under the ], to judge Iraq's compliance to UN resolutions and to enforce them. Furthermore, critics argued that the US was applying double standards of justice, noting that other nations such as ] are also in breach of UN resolutions and have nuclear weapons.<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/programmes/breakfast/2384905.stm |publisher=BBC News |title=Focus on Iraq: the UN |date=November 1, 2002 |access-date=May 7, 2010 |archive-url=https://web.archive.org/web/20110514005922/http://news.bbc.co.uk/2/hi/programmes/breakfast/2384905.stm |archive-date=May 14, 2011 |url-status=live |df=mdy-all }}</ref>

], the Italian philosopher, has offered a critique of the logic of ].

Although Iraq was known to have pursued an active nuclear weapons development program previously, as well as to have tried to procure materials and equipment for their manufacture, these weapons and material have yet to be discovered. President Bush's reference to Iraqi attempts to purchase ] in Africa in his 2003 ] are by now commonly considered as having been based on forged documents (see ]).

], Middle East correspondent for '']'', comments in his book '']'' that history is repeating itself. Fisk, in the Dutch TV news program ]: "It is not just similar, it is 'fingerprint' the same." In 1917, the ] invaded Iraq, claiming to come "not as conquerors but as liberators". After an insurrection in 1920, "the first town that was bombed was ] and the next town that was laid siege to was ]". Then, the British army intelligence services claimed that terrorists were crossing the border from ]. Prime minister ] stood up in the house of commons and declared that "if British troops leave Iraq there will be civil war". The British were going to set up a ]. In a referendum, however, a king was 'elected'. "They decided they would no longer use troops on the ground, it was too dangerous, they would use the Royal Air force to bomb villages from the air. And eventually, we left and our leaders were overthrown and the ] party, which was a revolutionary socialist party at the time—Saddam Hussein—took over. And I'm afraid that the Iraq we are creating now is an Iraq of anarchy and chaos. And as long as we stay there, the chaos will get worse."

=== Christian opposition to war ===
Pope John Paul II spoke out against the war several times, and said that a war against Iraq would be a "disaster" and a "crime against peace". During the buildup to the war, one hundred Christian scholars of ethical theory issued a statement condemning the war as morally unjustifiable. Their brief statement, which was published in the Sept. 23 edition of the , read as follows: "As Christian Ethicists, we share a common moral presumption against a preemptive war on Iraq by the United States." The group included scholars from a wide array of universities, including traditionally left-leaning Ivy League schools as well as more conservative institutions such as Lipscomb University, in Nashville, Lubbock Christian University, in Lubbock, Tex. (both affiliated with the Churches of Christ), and the Baptist Theological Seminary at Richmond.<ref>{{cite web|url=http://chronicle.com/daily/2002/09/2002092302n.htm |title=The Chronicle of Higher Education |url-status=dead |archive-url=https://web.archive.org/web/20080516213638/http://chronicle.com/daily/2002/09/2002092302n.htm |archive-date=May 16, 2008 }}</ref> Other scholars of the ] asserted that war with Iraq could be justified on the grounds of defense of a "helpless other". This position is based on the position that war could be justified on the grounds of liberating a helpless people being victimized by a tyrannical ruler.<ref>Minami, Wayde. "World Left with Brutal Decision on Possible Invasion of Iraq." ''Air Force Times'' 63:54 November 18, 2002.</ref>

==International law==

===International Court of Justice===
The ] is the principal judicial organ of the ].<ref>Charter of the United Nations, Chapter XIV, The International Court of Justice, , {{Webarchive|url=https://web.archive.org/web/20170927023059/http://www.icj-cij.org/documents/index.php?p1=4&p2=1&p3=0#Chapter14 |date=27 September 2017 }}</ref> The ] or the ] may request that the International Court of Justice provide an advisory opinion on any legal question. Any organ or agency of the UN so authorized by the General Assembly may also request the ICJ for an advisory opinion.<ref>Charter of the United Nations, Chapter XIV, The International Court of Justice, , {{Webarchive|url=https://web.archive.org/web/20170927023059/http://www.icj-cij.org/documents/index.php?p1=4&p2=1&p3=0#Chapter14 |date=27 September 2017 }}</ref>

==Principal legal rationales==
The ] is the foundation of modern international law.<ref name="google15">Howard Friel and Richard Falk, "The Record of the Paper: How the New York Times Misreports Foreign Policy," Chapter I, Without Law of Facts, The United States Invades Iraq," pages 15-17</ref> The US and its principal coalition allies in the 2003 invasion of Iraq have all ratified the charter and are thus legally bound by its terms. Article 2(4) of the UN Charter generally bans the ] except when carefully circumscribed conditions are met, stating:

<blockquote>All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.<ref>Article 2(4) of the UN Charter, http://www.yale.edu/lawweb/avalon/un/unchart.htm#art2 {{webarchive|url=https://web.archive.org/web/20160421122334/http://www.yale.edu/lawweb/avalon/un/unchart.htm |date=2016-04-21 }}</ref></blockquote>

According to ], ] ], this rule was "enshrined in the United Nations Charter in 1945 for a good reason: to prevent states from using force as they felt so inclined".<ref>International Commission of Jurists, 18 March 2003, {{webarchive|url=https://web.archive.org/web/20030407232423/http://www.icj.org/news.php3?id_article=2770&lang=en |date=2003-04-07 }}</ref> Therefore, in the absence of an armed attack against the US or the coalition members, any legal use or threat of force against Iraq had to be supported by a UN Security Council resolution.<ref name="google15" />

However, under ], the US and its coalition allies reserved the right to ] even without a UN mandate. The US cited the 1993 ] attempt on former US President ] and the firing on coalition aircraft enforcing the 1991 Gulf War ceasefire ]. The US also cited Iraq's major offensive against the city of ] in ] in violation of ], prohibiting repression of Iraq's ethnic minorities. In retaliation, the US conducted the ] and ].

The US and UK governments, along with others, also stated that the invasion was entirely legal because it was already authorized by existing ] resolutions. They characterized the invasion as a resumption of previously temporarily suspended hostilities rather than a ], as the US and UK were acting as agents for Kuwait's defense in response to Iraq's 1990 invasion.<ref>{{cite web |url=https://www.pbs.org/newshour/bb/middle_east/july-dec02/joint_resolution_10-11-02.html |title=Online NewsHour: Text of Joint Congressional Resolution on Iraq - October 11, 2002 |publisher=Pbs.org |access-date=2010-04-19 |archive-date=30 October 2010 |archive-url=https://web.archive.org/web/20101030003849/http://www.pbs.org/newshour/bb/middle_east/july-dec02/joint_resolution_10-11-02.html |url-status=dead }}</ref><ref> </ref><ref>{{cite web|url=https://www.un.org/Depts/unmovic/new/documents/resolutions/s-res-1441.pdf|title=UN Security Council resolution 1441|website=UN.org|access-date=17 November 2017}}</ref> Some international legal experts, including the ], the U.S.-based ],<ref>National Lawyers' Guild, 2007 Amendments and Resolutions, "Resolution on Impeachment of Bush and Cheney," http://nlg.org/membership/resolutions/2007%20Resolutions/Impeachment%20resolution.pdf {{Webarchive|url=https://web.archive.org/web/20110727124725/http://nlg.org/membership/resolutions/2007%20Resolutions/Impeachment%20resolution.pdf |date=2011-07-27 }}</ref> a group of 31 Canadian law professors, and the U.S.-based ], have found this legal rationale to be untenable and are of the view that the invasion was not supported by UN resolution and was therefore illegal.<ref>{{cite web|url=http://www.robincmiller.com/ir-legal.htm |title=Links to Opinions of Legality of War Against Iraq |publisher=Robincmiller.com |access-date=2010-04-19}}</ref><ref>{{cite web|url=http://www.commondreams.org/headlines03/0321-10.htm |title=Law Groups Say U.S. Invasion Illegal |publisher=Commondreams.org |date=2003-03-21 |access-date=2010-04-19 |url-status=dead |archive-url=https://web.archive.org/web/20040215193958/http://www.commondreams.org/headlines03/0321-10.htm |archive-date=2004-02-15 }}</ref><ref>{{cite web|url=http://www.icj.org/news.php3?id_article=2770&lang=en |title=International Commission of Jurists |publisher=Icj.org |access-date=2010-04-19 |url-status=dead |archive-url=https://web.archive.org/web/20030407232423/http://www.icj.org/news.php3?id_article=2770&lang=en |archive-date=2003-04-07 }}</ref>

===UN resolutions===
] (TLAM) is fired from an Arleigh Burke-class destroyer during the fourth wave of attacks on Iraq in support of Operation Desert Fox.]]
As part of the ] ] agreement, the Iraqi government agreed to ], which called for weapons inspectors to search locations in Iraq for chemical, biological and nuclear weapons, as well as weapons that exceed an effective distance of 150 kilometres.<ref>{{cite web |url=https://www.un.org/Depts/unscom/Chronology/resolution687.htm |title=Resolution 687 |publisher=United Nations Security Council |access-date=2017-06-28 |archive-url=https://web.archive.org/web/20170610103845/http://www.un.org/Depts/unscom/Chronology/resolution687.htm |archive-date=2017-06-10 |url-status=live }}</ref> After the passing of resolution 687, thirteen additional resolutions (], ], ], ], ], ], ], ], ], ], ], ], 1284) were passed by the Security Council reaffirming the continuation of inspections, or citing Iraq's failure to comply fully with them.<ref>{{cite web|url=https://www.un.org/Depts/unscom/Chronology/chronologyframe.htm|title=Chronology of December 1999|publisher=United Nations|access-date=2017-06-28|archive-url=https://web.archive.org/web/20080710022117/http://www.un.org/Depts/unscom/Chronology/chronologyframe.htm|archive-date=2008-07-10|url-status=live}}</ref> On September 9, 1998, the Security Council passed resolution 1194 which unanimously condemns Iraq's suspension of cooperation with UNSCOM, one month later on October 31 Iraq officially declares it will cease all forms of interaction with UNSCOM.<ref name="UNSCOM">{{cite news|url=http://www.cnn.com/WORLD/meast/9810/31/iraq.un.01/index.html |title=Iraq stops cooperation with UNSCOM |publisher=CNN |date=31 October 1998 |url-status=dead |archive-url=https://web.archive.org/web/20060308043806/http://www.cnn.com/WORLD/meast/9810/31/iraq.un.01/index.html |archive-date=March 8, 2006 }}</ref>

The period between October 31, 1998, and the initiation of ] (December 16, 1998), contained talks by the Iraqi government with the United Nations Security Council. During these talks Iraq attempted to attach conditions to the work of UNSCOM and the ], which was against previous resolutions calling for unconditional access. The situation was defused after Iraq's Ambassador to the U.N., ], submitted a third letter stating the position of the Iraqi government on October 31 was "void".<ref>{{cite news|url=http://www.cnn.com/WORLD/meast/9811/15/iraq.01/index.html |title=Iraq blinks: Last-minute letters try to avert war |date=15 November 1998 |publisher=CNN |url-status=dead |archive-url=https://web.archive.org/web/20070706102123/http://www.cnn.com/WORLD/meast/9811/15/iraq.01/index.html |archive-date=July 6, 2007 }}</ref> After weapons inspections resumed, UNSCOM requested arms documents related to weapon usage and destruction during the ]. The Iraqi government rejected this request because it was handwritten and did not fall within the scope of the UN mandate. The UN inspectors insisted in order to know if Iraq destroyed all of its weapons, it had to know "the total holdings of Iraq's chemical weapons".<ref>{{cite news|url=http://www.cnn.com/WORLD/meast/9811/20/iraq.02/index.html |title=Iraq resists request for arms documents |publisher=CNN |date=20 November 1998 |url-status=dead |archive-url=https://web.archive.org/web/20050204153954/http://www.cnn.com/WORLD/meast/9811/20/iraq.02/index.html |archive-date= 4 February 2005 }}</ref> Further incidents erupted as Iraqi officials demanded "lists of things and materials" being searched for during surprise inspections.<ref>{{cite news|url=http://www.cnn.com/WORLD/meast/9812/09/iraq.02/index.html |title=Weapons chief says Iraqi inspection rebuff 'very serious' |publisher=CNN |date=9 December 1998 |url-status=dead |archive-url=https://web.archive.org/web/20021002184426/http://www.cnn.com/WORLD/meast/9812/09/iraq.02/index.html |archive-date=October 2, 2002 }}</ref>

On December 16, 1998, U.S. President ] initiated ] based on Iraq's failure to fully comply with the inspectors. Clinton noted the announcement made by the Iraqi government on October 31, stating they would no longer cooperate with ]. Also noted was the numerous efforts to hinder UNSCOM officials, including prevention of photographing evidence and photocopying documents, as well as prevention of interviewing Iraqi personnel.<ref>{{cite press release|publisher=The White House|date=1998-12-16|title=Address by the President to the Nation on Iraq Air Strike|url=http://clinton6.nara.gov/1998/12/1998-12-16-address-by-the-president-to-the-nation-on-iraq-air-strike.html|access-date=2009-04-23|archive-url=https://web.archive.org/web/20100705235230/http://clinton6.nara.gov/1998/12/1998-12-16-address-by-the-president-to-the-nation-on-iraq-air-strike.html|archive-date=2010-07-05|url-status=dead}}</ref><ref name="UNSCOM" />

]
Inspection teams were withdrawn before the Operation Desert Fox bombing campaign and did not return for four years. The United Nations no-fly zone enforced by the United States, ] and ]—also legality disputed—became a location of constant exchange of fire since Iraqi Vice President ] instructed Iraqi military to attack all planes in the no-fly zone.<ref>{{cite news|url=http://www.cnn.com/WORLD/meast/9812/26/iraq.02/index.html |title=Iraq says it will fire at planes in no-fly zones |date=26 December 1998 |publisher=CNN |url-status=dead |archive-url=https://web.archive.org/web/20070919012945/http://www.cnn.com/WORLD/meast/9812/26/iraq.02/index.html |archive-date=September 19, 2007 }}</ref>

A memo written by US Secretary of Defense Rumsfeld dated Nov 27, 2001 considers a US invasion of Iraq. One section of the memo questions "How start?", listing multiple possible justifications for a US-Iraq War, one scenario being "Dispute over WMD inspections—Start thinking now about inspection demands".<ref name="tv.msnbc.com" /> In late 2002, after international pressure and more UN Resolutions, Iraq allowed inspection teams back into the country. In 2003, ] was inspecting Iraq but were ordered out.<ref>{{cite news |url=https://www.theguardian.com/world/2003/mar/07/politics.iraq |title=Blix wants months – and Straw offers 10 days |location=London |work=The Guardian |first=Sarah |last=Left |date=March 7, 2003 |access-date=December 15, 2016 |archive-url=https://web.archive.org/web/20160917045756/https://www.theguardian.com/world/2003/mar/07/politics.iraq |archive-date=September 17, 2016 |url-status=live |df=mdy-all }}</ref><ref name="blix-UN">{{cite news |url=http://www.cnn.com/2003/US/03/07/sprj.irq.un.transcript.blix/ |title=Transcript of chief U.N. Weapons Inspector Hans Blix's Presentation to the U.N. Security Council |publisher=CNN |date=March 7, 2003 |access-date=February 28, 2006 |archive-url=https://web.archive.org/web/20080130005742/http://www.cnn.com/2003/US/03/07/sprj.irq.un.transcript.blix/ |archive-date=January 30, 2008 |url-status=live |df=mdy-all }}</ref> There is no credible evidence of WMD production (see ]) and no WMDs have been found to date after 1991 (See below and ]). ] has since admitted that "much of the intelligence turned out to be wrong".<ref name="Bush-intel-wrong">{{cite news |url=http://www.cnn.com/2005/POLITICS/12/14/bush.iraq/index.html |title=Bush takes responsibility for invasion intelligence |publisher=CNN |date=14 December 2005 |access-date=28 February 2006 |archive-url=https://web.archive.org/web/20060211222322/http://www.cnn.com/2005/POLITICS/12/14/bush.iraq/index.html |archive-date=11 February 2006 |url-status=live |df=dmy-all }}</ref>

The United States offered intelligence from the ] and British ] to the ] suggesting that Iraq possessed ]. The U.S. claimed that justification rested upon Iraq's violation of several U.N. Resolutions, most recently ].<ref>{{cite press release|publisher=The White House|date=2003-02-05|title=U.S. Secretary of State Colin Powell Addresses the U.N. Security Council|url=https://georgewbush-whitehouse.archives.gov/news/releases/2003/02/print/20030205-1.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20170712023729/https://georgewbush-whitehouse.archives.gov/news/releases/2003/02/print/20030205-1.html|archive-date=2017-07-12|url-status=live}}</ref> U.S. president ] claimed Iraq's WMDs posed a significant threat to the United States and its allies.<ref>{{cite press release|publisher=The White House|date=2003-03-19|title=President Bush Addresses the Nation|url=https://georgewbush-whitehouse.archives.gov/news/releases/2003/03/print/20030319-17.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20160517180222/http://georgewbush-whitehouse.archives.gov/news/releases/2003/03/print/20030319-17.html|archive-date=2016-05-17|url-status=live}}</ref><ref>{{cite press release|publisher=The White House|date=2003-03-17|title=President Says Saddam Hussein Must Leave Iraq Within 48 Hours|url=https://georgewbush-whitehouse.archives.gov/news/releases/2003/03/print/20030317-7.html|access-date=2017-09-02|archive-url=https://web.archive.org/web/20160304060228/http://georgewbush-whitehouse.archives.gov/news/releases/2003/03/print/20030317-7.html|archive-date=2016-03-04|url-status=live}}</ref> An inspection team ], before completing its UN-mandate or completing its report was ordered out by the UN because the US-led invasion appeared imminent.

The then ] ] ] said in September 2004 that, "From our point of view and the ] point of view, it was illegal."<ref name=autogenerated2 /><ref>{{cite news |author=Ewen MacAskill and Julian Borger in Washington |url=https://www.theguardian.com/world/2004/sep/16/iraq.iraq |title=Iraq war was illegal and breached UN charter, says Annan |work=Guardian |date=2004-09-16 |access-date=2010-04-19 |location=London |archive-url=https://web.archive.org/web/20130828073847/http://www.theguardian.com/world/2004/sep/16/iraq.iraq |archive-date=2013-08-28 |url-status=live }}</ref>

The political leaders of the US and UK at the time argued that the war was legal, and that existing ] resolutions related to the first ] and the subsequent ceasefire (], ]), and to later inspections of Iraqi weapons programs (]), had already authorized the invasion.<ref>{{Cite web |url=https://fpc.state.gov/documents/organization/9043.pdf |title=We're sorry, that page can't be found |access-date=2017-06-25 |archive-url=https://web.archive.org/web/20170930035515/https://fpc.state.gov/documents/organization/9043.pdf |archive-date=2017-09-30 |url-status=live }}</ref> ] have challenged both of these assertions, arguing that an additional Security Council resolution, which the US and UK failed to obtain, would have been necessary to specifically authorize the invasion.<ref>{{cite news| url=http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| date=16 September 2004| title=Iraq war illegal, says Annan| publisher=BBC News| access-date=2006-05-25| archive-url=https://web.archive.org/web/20090115131657/http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| archive-date=15 January 2009| url-status=live| df=dmy-all}}</ref><ref name=autogenerated3>{{cite web|url=http://jurist.law.pitt.edu/forum/forumnew73.php |title=UN RESOLUTION 1441: COMPELLING SADDAM, RESTRAINING BUSH |first=Mary Ellen |last=O'Connell |publisher=Jurist |access-date=2006-05-25 |date=November 21, 2002 |url-status=dead |archive-url=https://web.archive.org/web/20060516140700/http://jurist.law.pitt.edu/forum/forumnew73.php |archive-date=2006-05-16 }}</ref><ref>{{cite web| url=http://www.worldpress.org/specials/iraq/| publisher=World Press Review Online| title=International Law – War in Iraq – United Nations – Iraq| first=Rachel S| last=Taylor| access-date=2006-05-25| archive-url=https://web.archive.org/web/20130730223344/http://worldpress.org/specials/iraq/| archive-date=2013-07-30| url-status=live}}</ref>


=== U.N. resolutions ===
====Resolution 1441==== ====Resolution 1441====
] was passed unanimously on November 8, 2002, to give Iraq "a final opportunity to comply with its ] obligations" that had been set out in several previous resolutions (], ], ], ], ], ], ], ], ], and ]). According to the US State Department, "The resolution strengthened the mandate of the ] (UNMOVIC) and the ] (IAEA), giving them authority to go anywhere, at any time and talk to anyone in order to verify Iraq's disarmament."<ref>: Fact Sheet, February 25, 2003. Verified 11th Nov 2007.</ref>


The most important text of Resolution 1441 was to require that Iraq "shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect".<ref>{{cite news |url=https://www.theguardian.com/world/2002/dec/20/iraq.foreignpolicy2 |title=Full text: UN security council resolution 1441 on Iraq |date=2002-12-20 |publisher=Guardian |location=London}}</ref> However, on January 27, 2003, ], the lead member of the UNMOVIC, said that, "Iraq appears not to have come to a genuine acceptance, not even today, of the disarmament that was demanded of it." Blix noted that Iraq had failed to cooperate in a number of areas, including (1) the failure to provide safety to ] ] that inspectors hoped to use for ], (2) refusal to let UN inspectors into several chemical, biological, and missile sites on the belief that they were engaging in ] rather than disarmament, (3) submitting a 12,000-page arms declaration in December 2002, which contained little more than old material previously submitted to inspectors, and (4) failure to produce convincing evidence to the UN inspectors that it had unilaterally destroyed its anthrax stockpiles as required by resolution 687 a decade before 1441 was passed in 2002.<ref>{{cite news |url=https://www.theguardian.com/world/2003/jan/27/iraq3 |title=Key points of Hans Blix's statement |date=2003-01-27 |publisher=Guardian |location=London}}</ref> On March 7, 2003, Blix said that Iraq had made significant progress toward resolving open issues of disarmament but the cooperation was still not "immediate" and "unconditional" as called for by UN Security Council Resolution 1441. He concluded that it would take "but months" to resolve the key remaining disarmament tasks.<ref>{{cite web |date=2003-03-07 |title=UNITED NATIONS WEAPONS INSPECTORS REPORT TO SECURITY COUNCIL ON PROGRESS IN DISARMAMENT OF IRAQ |url=https://press.un.org/en/2003/sc7682.doc.htm |access-date=2023-07-26 |publisher=Un.org}}</ref> The US government observed this as a breach of resolution 1441 because Iraq did not meet the requirement of "immediate" and "unconditional" compliance.<ref name="IRAQ">{{cite book |title=War, Aggression and Self-Defence |page=305 |date=December 12, 2011 |author=Yoram Dinstein |publisher=]}}</ref>
U.N. Resolution 1441 was passed unanimously on ], ] to give ] ''"a final opportunity to comply with its disarmament obligations"'' that had been set out in several previous resolutions (], ], ], ], ], ], ], ], ], and ]).


On the day Resolution 1441 was passed, the US ambassador to the UN, ], assured the Security Council that there were no "hidden triggers" with respect to the use of force and that, in the event of a "further breach" by Iraq, resolution 1441 would require that "the matter will return to the Council for discussions as required in paragraph 12". However, he then added, "If the Security Council fails to act decisively in the event of further Iraqi violations, this resolution does not constrain any Member State from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security."<ref>{{UN document |docid=S-PV-4644 |body=Security Council |type=Verbatim Report |meeting=4644 |page=3 |anchor=pg003-bk01-pa05 |date=8 November 2002|meetingtime=10:00 |speakername=Mr. Negroponte | speakernation=United States |accessdate=2007-09-13 }}</ref>
The resolution strengthened the mandate of the UN Monitoring and Verification Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA), giving them authority to go anywhere, at any time and talk to anyone in order to verify Iraq’s disarmament."<ref>United States Department of State: Fact Sheet, February 25, 2003 http://www.state.gov/p/io/rls/fs/2003/17926.htm</ref>


At the same meeting, UK Permanent Representative Sir ] KCMG used many of the same words and stated, "If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in Operational Paragraph 12."<ref> Sir Jeremy Greenstock KCMG, UK Permanent Representative, 8 November 2002. ''"... will return to the Council for discussion as required ..."'' Verified 11th Nov 2007.</ref>
On the day of the vote the US ambassador to the UN, John Negroponte, said that in the event of a "further breach" by Iraq, Resolution 1441 would require that "the matter will return to the Council for discussions" but that the resolution did not prevent any member state from acting "to enforce relevant UN resolutions and protect world peace and security. "


On March 17, 2003, the ], ], agreed that the use of force against Iraq was justified by resolution 1441 in combination with the earlier resolutions 678 and 687.<ref>{{cite news |url= https://www.theguardian.com/Iraq/Story/0,2763,1471659,00.html|title= A case for war|access-date=2008-01-12 |date= 2003-03-17|publisher=Guardian Unlimited | location=London}}</ref>
====Resolutions related to First Gulf War and also the 2003 Invasion====


According to an independent commission of inquiry set up by the government of the Netherlands, UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions".<ref name="aljazeera1">Al Jazeera, 12 Jan 2010, "Dutch Inquiry: Iraq Invasion was Illegal," http://english.aljazeera.net/news/europe/2010/01/2010112144254948980.html</ref><ref name="guardian2003">{{cite web|date=12 January 2010|title=Iraq Invasion Violated International Law, Dutch Inquiry Finds: Investigation into the Netherlands' Support for 2003 War Finds Military Action was Not Justified under UN Resolutions|url=http://www.guardian.co.uk/world/2010/jan/12/iraq-invasion-violated-interational-law-dutch-inquiry-finds|website=]}}</ref>
Beginning from the end of the ] in 1991, the Iraqi government agreed to , which called for weapons inspectors to search locations in Iraq for chemical, biological and nuclear weapons, as well as weapons that exceed an effective distance of 150 kilometres. After the passing of resolution 687, thirteen additional resolutions (699, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284) were passed by the Security Council reaffiming the continuation of inspections, or citing Iraq's failure to comply fully with them. On ], ] the Security Council passed resolution 1194 which unanimously condemns Iraq's suspension of cooperation with UNSCOM, one month later on ] Iraq officially declares it will cease all forms of interaction with UNSCOM.


====Resolutions related to First Persian Gulf War and also the 2003 invasion====
United Nations Security Council Resolution 678 (1990) authorizes the use of all necessary means to enforce United Nations Security Council Resolution 660 (1990) and subsequent relevant resolutions and to compel Iraq to cease certain activities that threaten international peace and security, including the development of weapons of mass destruction and refusal or obstruction of United Nations weapons inspections in violation of United Nations Security Council Resolution 687 (1991), repression of its civilian population in violation of United Nations Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United Nations Security Council Resolution 949 (1994).
As part of the ] ceasefire agreement, the Iraqi government agreed to ], which called for weapons inspectors to search locations in Iraq for ], ], and ], as well as for weapons that exceeded an effective distance of 150 kilometers.<ref>{{cite web|url=https://www.un.org/Depts/unscom/Chronology/resolution687.htm |title=Security Council Resolution 687 |publisher=Un.org |access-date=2010-04-19}}</ref> After the passing of resolution 687, thirteen additional resolutions (], ], ], ], ], ], ], ], ], ], ], ], ]) were passed by the Security Council, reaffirming the continuation of inspections or citing Iraq's failure to comply fully with them.<ref>{{cite web|url=https://www.un.org/Depts/unscom/Chronology/chronologyframe.htm |title=Chronology of main events |publisher=Un.org |access-date=2010-04-19}}</ref> On September 9, 1998, the Security Council passed ], which unanimously condemned Iraq's suspension of cooperation with UNSCOM. One month later, on October 31, Iraq officially declared that it would cease all forms of interaction with UNSCOM.<ref> {{webarchive|url=https://web.archive.org/web/20080307060445/http://www.cnn.com/WORLD/meast/9810/31/iraq.un.01/index.html?eref=sitesearch|date=March 7, 2008}}</ref>


Resolution 678 (1990) allows the use of any means necessary to enforce resolution 660 (1990) and subsequent relevant resolutions in order to force Iraq to stop certain activities that threaten international peace and security, such as making weapons of mass destruction and refusing or obstructing United Nations weapons inspections in violation of United Nations Security Council Resolution 68.
====Criticisms====


The commission of inquiry by the government of the Netherlands found that the UN resolution of the 1990s provided no authority for the invasion.<ref name="guardian2003"/>
In March 2003, ], then deputy legal adviser to the British Foreign Office, resigned in protest of Britain's decision to invade without Security Council authorization. Wilmshurst also insinuated that the British Attorney General ] also believed the war was illegal, but changed his opinion several weeks before the invasion.<ref>. BBC.com, March 24, 2005. Retrieved on May 29, 2007.</ref><ref>{{cite web| url=http://www.number-10.gov.uk/files/pdf/Iraq%20Resolution%201441.pdf| title=Iraq Resolution 1441| accessdate=2006-05-26| format=PDF| publisher=Number-10.gov.uk| year=], ]}}</ref>
], a senior member of the Bush Administration's ], conceded in November 2003 that the invasion was illegal but still justified.<ref>{{cite news| url=http://www.theage.com.au/articles/2003/11/20/1069027255087.html| title= Invasion right but 'illegal', says US hawk| first=Oliver| last=Burkeman| publisher=The Age| date=], ]| accessdate=2006-05-26}}</ref><ref>{{cite news| url=http://www.guardian.co.uk/Iraq/Story/0,2763,1089158,00.html| publisher=The Guardian| title=War critics astonished as US hawk admits invasion was illegal| author=Oliver Burkeman and Julian Borger|date=], ]| accessdate=2006-05-26}}</ref>


===Criticisms===
], the ], and ] made a joint statement that ], did not authorize the use of force and that a further resolution was needed.


The legal right to determine how to enforce its resolutions lies with the Security Council alone (UN Charter Aricles 39-42)<ref>http://www.un.org/aboutun/charter/</ref>, not with individual nations.<ref>{{cite news| url=http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stm| date=16 September, 2004| title=Iraq war illegal, says Annan| publisher=BBC News| accessdate=2006-05-25}}</ref><ref>{{cite web| url=http://jurist.law.pitt.edu/forum/forumnew73.php| title=UN RESOLUTION 1441: COMPELLING SADDAM, RESTRAINING BUSH| first=Mary Ellen| last=O'Connell| publisher=Jurist| accessdate=2006-05-25| year=], ]}}</ref><ref>{{cite web| url=http://www.worldpress.org/specials/iraq/| publisher=World Press Review Online| title=International Law - War in Iraq - United Nations - Iraq| first=Rachel S.| last= Taylor| accessdate=2006-05-25}}</ref> Critics have also pointed out that the statements of U.S. officials leading up to the war indicated their belief that a new Security Council Resolution was required to make an invasion legal, but the UN Security Council has not made such a determination, despite serious debate over this issue. For example, to secure Syria's vote in favor of ], Secretary of State Powell reportedly advised ]n officials that "there is nothing in the resolution to allow it to be used as a pretext to launch a war on Iraq."<ref>Wintour, Patrick and Brian Whitaker. . ''The Guardian'', November 11, 2002. Retrieved April 6, 2007.</ref> The legal right to determine how to enforce its own resolutions lies with the Security Council alone (UN Charter Articles 39–42)<ref>{{cite web|url=https://www.un.org/aboutun/charter/ |title=Charter of the United Nations |publisher=Un.org |access-date=2010-04-19 |url-status=dead |archive-url=https://web.archive.org/web/20090220011242/http://www.un.org/aboutun/charter/ |archive-date=2009-02-20 }}</ref> and not with individual nations.<ref name=autogenerated2 /><ref name=autogenerated3 /><ref>{{cite web| url=http://www.worldpress.org/specials/iraq/| publisher=World Press Review Online| title=International Law - War in Iraq - United Nations - Iraq| first=Rachel S.| last= Taylor| access-date=2006-05-25}}</ref> On November 8, 2002, immediately after the adoption of ], Russia, the People's Republic of China, and France issued a joint statement declaring that Council Resolution 1441 did not authorize any "automaticity" in the use of force against Iraq and that a further Council resolution was needed if force were to be used.<ref>{{cite web |url= http://www.un.int/france/documents_anglais/021108_cs_france_irak_2.htm|title= Joint statement from the Popular Republic of China, the Federation of Russia, and France|access-date=2008-03-23|date=2002-11-08|publisher=UN.int}}</ref> Critics pointed out that statements from US officials leading up to the war indicated their belief that a new Security Council resolution was required to make an invasion legal. They also pointed out that the UN Security Council had not made such a determination despite serious debate over this issue. To secure Syria's vote in favor of Council Resolution 1441, Secretary of State Powell reportedly advised Syrian officials that "there is nothing in the resolution to allow it to be used as a pretext to launch a war on Iraq".<ref>Wintour, Patrick and Brian Whitaker. . ''The Guardian'', November 11, 2002. Retrieved April 6, 2007.</ref>


The UN Security Council, as outlined in Article 39 of the UN Charter, theoretically has the ability to rule on the legality of the war, but the US and the UK have ] in the Security Council, so action is highly improbable even if the issue were to be raised. Despite this, the ] (UNGA) may ask that the ] (ICJ)—"the principal judicial organ of the United Nations" (Article 92)—give either an 'advisory opinion' or 'judgement' on the legality of the war. Indeed, the UNGA asked the ICJ to give an 'advisory opinion' on "the legal consequences arising from the construction of the wall being built by Israel", by its resolution A/RES/ES-10/14,<ref> {{Webarchive|url=https://web.archive.org/web/20170703103536/http://www.un.org/ga/sessions/emergency.shtml |date=2017-07-03 }} UN.org.</ref> as recently as 12 December 2003; despite opposition from permanent members of the Security Council. It achieved this by sitting in tenth 'emergency special session', under the framework of the ]. The ICJ had previously found against the US for its actions in ], a finding the US refused to comply with.
These critics have also pointed out that the statements of U.S. officials leading up to the war indicated their belief that a new Security Council Resolution was required to make an invasion legal.<ref>Wintour, Patrick and Brian Whitaker. ''The Guardian'', November 11, 2002. Retrieved April 6, 2007.</ref>


The United States structured its reports to the ] around alleged intelligence from the ] and ] stating that Iraq possessed ]. The U.S. claimed that justification rested upon Iraq's violation of several U.N. Resolutions, most recently ]. U.S. president ] claimed Iraq's supposed WMDs posed a significant threat to the United States and its allies , but offered no evidence that Iraq had the intention or the means for delivering a WMD attack against the U.S. U.N. inspection team ], before completing its UN-mandate or completing its report was ordered out by the UN because the US-led invasion appeared imminent. The United States structured its reports to the United Nations Security Council around intelligence from the ] and ] stating that Iraq possessed ]. The US claimed that justification for the war rested upon Iraq's violation of several UN resolutions, with the most recent being UN Security Council Resolution 1441.<ref>{{cite web |url= https://georgewbush-whitehouse.archives.gov/news/releases/2003/02/20030205-1.html|title= U.S. Secretary of State Colin Powell Addresses the U.N. Security Council |access-date=2008-01-12 |date= 2003-02-05|publisher=The White House}}</ref>


====Commission of Inquiry of the Dutch Government====
=== Preemptive war ===
According to a detailed legal investigation conducted by an independent commission of inquiry set up by the government of the Netherlands, the 2003 invasion violated international law. The investigation was headed by former ] president Willibrord Davids and concluded that the notion of "]", as practiced by the powers that invaded Iraq, had "no basis in international law".<ref name="guardian2003"/><ref>{{cite web|url=http://www.rnw.nl/english/radioshow/iraq-war-report-critical-dutch-pm |title=Network Europe - Iraq war report critical of Dutch PM |publisher=Rnw.nl |date=2010-01-12 |access-date=2010-04-19}}</ref> Also, the commission found that UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions".<ref name="aljazeera1"/><ref>{{cite web|url=http://www.dutchnews.nl/news/archives/2010/01/prime_minister_disagrees_with.php |title=Prime minister disagrees with Iraq report |publisher=Dutchnews.nl |date=2010-01-12 |access-date=2010-04-19}}</ref> In a letter to the parliament, the Dutch cabinet admitted that MPs could have been better informed about the doubts and uncertainties of the Dutch intelligence services and about the United States' request for Dutch support.<ref>{{cite web|author=De Nonconformist |url=http://www.rnw.nl/english/article/dutch-cabinet-responds-iraq-war-report |title=Dutch cabinet responds to Iraq war report |publisher=Rnw.nl |date=2010-02-20 |access-date=2010-04-19}}</ref><ref>{{cite web|url=http://www.dutchnews.nl/news/archives/2010/02/cabinet_admits_iraq_war_mistak.php |title=Cabinet admits Iraq war mistakes |publisher=Dutchnews.nl |date=2010-02-09 |access-date=2010-04-19}}</ref><ref></ref><ref>{{cite web|url=http://www.expatica.com/nl/news/dutch-rss-news/dutch-cabinet-admits-errors-of-iraq-invasion_23389.html|title=Dutch cabinet admits errors of Iraq invasion|website=Expatica.com|url-status=dead|archive-url=https://web.archive.org/web/20140504000606/http://www.expatica.com/nl/news/dutch-rss-news/dutch-cabinet-admits-errors-of-iraq-invasion_23389.html|archive-date=4 May 2014|access-date=14 June 2021}}</ref>


The Davids inquiry also investigated rumors but was unable to find any proof that the appointment of former Dutch foreign minister ] as NATO secretary general was the result of his support for the US-led invasion of Iraq. In February 2010, De Hoop Scheffer himself criticized the Davids Commission report. In an interview with newspaper ], he argued that the cabinet did fully inform parliament and that there had never been any doubts. He rejected the conclusion that it took less than 45 minutes to decide to give political support to the United States. He also contested the conclusion that Prime Minister Balkenende failed to provide adequate leadership. In addition, he argued that no United Nations mandate was needed for the invasion of Iraq and remarked that there was no UN mandate when the Netherlands supported the 1991 US operations in Iraq.<ref>{{cite web|url=http://www.expatica.com/nl/news/dutch-rss-news/former-minister-lashes-out-at-iraq-inquiry_24550.html |title=Former minister lashes out at Iraq inquiry |publisher=Expatica.com |access-date=2010-04-19}}</ref><ref>{{in lang|nl}}</ref><ref>{{in lang|nl}}</ref>
== Domestic law ==


====Doubts in the British government====
===United States===
], then UK ], sent a secret letter to ] ] in April 2002, warning Blair that the case for military action against Iraq was of "dubious legality". The letter goes on to state that "regime change per se is no justification for military action" and that "the weight of legal advice here is that a fresh mandate may well be required". Such a new UN mandate was never given. The letter also expresses doubts regarding the outcome of military action.<ref>The Sunday Times (UK), 17 Jan, 2010, "Revealed: Jack Straw's Secret Warning to Tony Blair on Iraq," </ref>
{{Further|]}}
Under ], Section 8 of the ], the right to declare war ] the ], whereas the President is given the ] of ]. In October 2002, the U.S. Congress authorized military force under the "]". On ], ], Rep. ] (R-TX) submitted to the House International Relations committee a proposed declaration which read, "A state of war is declared to exist between the United States and the government of Iraq." It was rejected<ref>Paul, U.S. Representative Ron, Office of (2002). . Accessed on ] ].</ref>, as all such suggestions since World War II have been.


In March 2003, ], then deputy legal adviser to the British Foreign Office, resigned in protest of Britain's decision to invade without Security Council authorization. Wilmshurst also insinuated that the English Attorney General ] also believed the war was illegal but that he changed his opinion several weeks before the invasion.<ref>. BBC.com, March 24, 2005. Retrieved on May 29, 2007.</ref><ref>{{cite web| url=http://www.number-10.gov.uk/files/pdf/Iraq%20Resolution%201441.pdf| title=Iraq Resolution 1441| access-date=2006-05-26| publisher=Number-10.gov.uk| date=March 7, 2003| url-status=dead| archive-url=https://web.archive.org/web/20050428194646/http://www.number-10.gov.uk/files/pdf/Iraq%20Resolution%201441.pdf| archive-date=April 28, 2005}}</ref>
====Doe v. Bush====
{{Further|]}}
In early 2003, the ] was challenged in court to stop the invasion from happening. The plaintiffs argued that the President does not have the authority to declare war. The final decision came from a three-judge panel from the US Court of Appeals for the First Circuit. Judge Lynch wrote in the opinion that the Judiciary cannot intervene unless there is a fully-developed conflict between the President and Congress or if Congress gave the President "absolute discretion" to declare war.<ref> Pages 3,4,23,25,26. Retrieved 8/7/2007.</ref>


In March 2004, when a ] raised the question of whether the invasion was legal, the under-secretary of state, Sir Michael Hastings, wrote to the court and warned, "it would be prejudicial to the national interest and to the conduct of the Government's foreign policy if the English courts were to express opinions on questions of international law."
====Supremacy Clause====
{{See also|Ehren Watada}}
Critics argue that if the ] was a violation of the ], it also was a violation of US law.<ref> Retrieved 9/5/2007.</ref> According to the ] in Article VI of the U.S. Constitution, Senate-ratified treaties such as the U.N. Charter are "the supreme Law of the Land."<ref>"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Article VI, Clause 2 of the United States Constitution.</ref> Obligations under ] that the US has agreed to, such as the prohibition of a ], ], prohibition of ], ], and others under ratified treaties, are legally binding under US law.<ref name="Cornell"> by DEREK JINKS, ], and DAVID SLOSS, ], Cornell Law Review, July 17, 2004</ref> The Constitution gave Congress the power to declare war and assigned the President as ]<ref>US Constitution: Article 1 Section 8; and Article 2 Section 2, respectively.</ref>, and there has been no amendment to pass these powers to the UN.<ref name="Weinberger"> Weinberger, Seth. 4/20/2007. (''Also available at Retrieved 9/6/2007.'')</ref> Also, in order to have domestic legal force in the United States under US ], treaties must be "self-executing" or must have been passed into law by both houses. The UN Charter was not passed by both houses.<ref name="Weinberger"/> US courts have ruled that "lthough the Charter of the United Nations has been ratified by the United States, it is not self-executing".<ref>''Flores v. Southern Peru Copper Corp.'', 343 F.3d 140, 157 n.24 (2d Cir. 2003). Page 24. (''See Also: Committee of United States Citizens Living in Nicaragua v. Reagan'', 859 F.2d 929 (DC Cir., Oct. 14 1988))</ref> If these precedents were affirmed in this case, the invasion would be legal under US law.<ref name="Weinberger"/>


In 2010, then-] of a later government ], during ] in Parliament, asserted that the Iraq war was illegal. Statements issued later suggested that this was a personal view and not a formal view of the coalition government.<ref>{{cite news| url=https://www.bbc.co.uk/news/uk-politics-10715629 | work=BBC News | title=Clegg clarifies stance after saying Iraq war 'illegal' | date=2010-07-21}}</ref>
===United Kingdom===
====Opinion of the UK Attorney General====


In 2016, the deputy prime minister at the time of the invasion, ], wrote: "In 2004, the UN Secretary-General Kofi Annan said that as regime change was the prime aim of the Iraq War, it was illegal. With great sadness and anger, I now believe him to be right."<ref>{{Cite web|url=https://www.mirror.co.uk/news/uk-news/john-prescott-reveals-guilt-illegal-8387319|title=Guilt at the 'illegal' Iraq War will haunt Prescott for the rest of his life|last=Prescott|first=John|website=] |date=2016-07-10|access-date=2016-07-15}}</ref>
On ] ], the UK government published the given by the ] ] on ] ] on the legality of the war. The publication of this document followed the leaking of the summary to the press the day before. In the document, Lord Goldsmith weighs the different arguments on whether military action against Iraq would be legal without a second UN Resolution. He said,


In 2017, the UK Chancellor of the Exchequer at the time of the invasion, Gordon Brown, in his memoir "My Life - Our Times" said that US president George W Bush duped Tony Blair into the 2003 Iraq War. Brown sensationally revealed that the US kept quiet about a top-secret report which showed there was no evidence Iraq had weapons of mass destruction. Brown added, "It is astonishing that none of us in the British government ever saw this American report."<ref>https://www.dailyrecord.co.uk/news/uk-world-news/us-lied-drag-britain-war-11469154 {{Bare URL inline|date=August 2024}}</ref>
<blockquote>I remain of the opinion that the safest legal course would be to secure the adoption of a further resolution to authorise the use of force... Nevertheless, having regard to the information on the negotiating history which I have been given and to the arguments of the US Administration which I heard in Washington, I accept that a reasonable case can be made that resolution 1441 is capable in principle of reviving the authorisation in 678 without a further resolution </blockquote>


The ] in the UK later found that the legal basis for the law was questionable.
He concluded his analysis by saying that "regime change cannot be the objective of military action".


====Downing Street memo==== ===War of aggression===
The ] held following ] that the waging of a ] is:
{{main|Downing Street memo}}


{{quote|essentially an evil thing...to initiate a war of aggression...is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.<ref>{{cite book|last= Broomhall | first= Bruce |title= International justice and the International Criminal Court | publisher= Oxford University Press | edition= 2| page= 46 | isbn= 978-0-19-925600-6|url=https://books.google.com/books?id=-Ni6Qy2E9KwC&q=essentially+an+evil+thing...to+initiate+a+war+of+aggression...is+not+only+an+international+crime%3B+it+is+the+supreme+international+crime,+differing+only+from+other+war+crimes+in+that+it+contains+within+itself+the+accumulated+evil+of+the+whole.&pg=PA46| year= 2003 }}</ref>}}
On ] ], a known as the Downing Street memo, detailing the minutes of a meeting on ] ], was apparently leaked to '']''. British officials did not dispute the document's authenticity, and UK Prime Minister ]'s spokesman has called the document "nothing new." The document describing the full advice of Lord Goldsmith:


] was a former law professor and one of the chief prosecutors for the United States at the ] of German officials following World War II. In an interview given on August 25, 2006, Ferencz stated that in addition to ], ] should be tried as well because the ] was started by the U.S. without permission by the ].<ref name="glantz">Glantz, A.: '''', OneWorld U.S., August 25, 2006. Retrieved 2006-12-12.</ref> Benjamin B. Ferencz wrote the foreword for Michael Haas's book, ''George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes''.<ref>{{Cite book| last=Haas | first=Michael | year=2008 | title=George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes | publisher=Greenwood Publishing Group | isbn= 978-0-313-36499-0}}
''<blockquote>The Attorney-General said that the desire for regime change was not a legal base for military action. There were three possible legal bases: self-defence, humanitarian intervention, or UNSC authorisation. The first and second could not be the base in this case. Relying on UNSCR 1205 of three years ago would be difficult.</blockquote>''
</ref> Ferencz elaborated as follows:


{{quote|a prima facie case can be made that the United States is guilty of the supreme ], that being an illegal war of aggression against a sovereign nation.<ref name="alternet.org">AlterNet, 2006 July 10, "Could Bush Be Prosecuted for War Crimes? A Nuremberg Chief Prosecutor Says there is a Case for Trying Bush for the 'Supreme Crime Against Humanity, an Illegal War of Aggression Against a Sovereign Nation,'" http://www.alternet.org/world/38604/</ref><br />
and states furthermore that
...
The United Nations charter has a provision which was agreed to by the United States, formulated by the United States, in fact, after World War II. It says that from now on, no nation can use armed force without the permission of the U.N. Security Council. They can use force in connection with self-defense, but a country can't use force in anticipation of self-defense. Regarding Iraq, the last Security Council resolution essentially said, "Look, send the weapons inspectors out to Iraq, have them come back and tell us what they've found – then we'll figure out what we're going to do." The U.S. was impatient, and decided to invade Iraq – which was all pre-arranged of course. So, the United States went to war, in violation of the charter.<ref name="alternet.org"/>}}


Professor Ferencz quoted the resignation letter of British deputy legal adviser to the Foreign Ministry, Elizabeth Wilmshurst, who resigned suddenly before the Iraq war started:
''<blockquote>Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy. The NSC had no patience with the UN route, and no enthusiasm for publishing material on the Iraqi regime's record. There was little discussion in Washington of the aftermath after military action..... It seemed clear that Bush had made up his mind to take military action, even if the timing was not yet decided. But the case was thin. Saddam was not threatening his neighbours, and his WMD capability was less than that of Libya, North Korea or Iran.</blockquote>''


{{quote|I regret that I cannot agree that it is lawful to use force against Iraq without a second Security Council resolution. n unlawful use of force on such a scale amounts to the crime of aggression; nor can I agree with such action in circumstances that are so detrimental to the international order and the rule of law.<ref name="alternet.org"/>}}
On ], ] and 89 members of congress asked ], in a , to answer some questions about the document, including whether he or anyone in his administration disputes its accuracy. The Bush Administration has stated that they will not answer the questions. While neither the US or UK government has denied their authenticity, and high-ranking officials in the UK government have confirmed their veracity, critics of the memos contend that they cannot be authenticated.
There was much dispute over the statement "intelligence and facts were being fixed around the policy" and critics of the Iraq War believe this to mean that instead of the policy being determined by an unbiased examination of the facts and intelligence, the facts and intelligence where being selectively used to justify a predetermined policy. However, defendants of the war interpret parts of the document as expressions of concerns regarding Iraq and WMD:
''<blockquote>Regime change and WMD were linked in the sense that it was the regime that was producing the WMD...</blockquote>''
''<blockquote>For instance, what were the consequences, if Saddam used WMD on day one...</blockquote>''


According to the ] (ICJ) in Geneva, the invasion of Iraq was neither in self-defense against armed attack nor sanctioned by a UN Security Council resolution authorizing the use of force and thus constituted the crime of war of aggression.<ref>International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq"
====English court rulings====
{{cite web|url=http://www.icj.org/news.php3?id_article%3D2770%26lang%3Den |title=International Commission of Jurists |access-date=2015-12-09 |url-status=dead |archive-url=https://web.archive.org/web/20030407232423/http://www.icj.org/news.php3?id_article=2770&lang=en |archive-date=2003-04-07 }}</ref> A "war waged without a clear mandate from the United Nations Security Council would constitute a flagrant violation of the prohibition of the use of force". We note with "deep dismay that a small number of states are poised to launch an outright illegal invasion of Iraq, which amounts to a war of aggression".<ref name="autogenerated2003">World Socialist Website, 26 Mar. 2003, "International legal Experts Regard Iraq War as Illegal", http://www.wsws.org/articles/2003/mar2003/ilaw-m26.shtml</ref><ref>International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq" {{cite web|url=http://www.icj.org/news.php3?id_article%3D2770%26lang%3Den |title=International Commission of Jurists |access-date=2015-12-09 |url-status=dead |archive-url=https://web.archive.org/web/20030407232423/http://www.icj.org/news.php3?id_article=2770&lang=en |archive-date=2003-04-07 }}</ref>


Then Iraq Ambassador to the United Nations ] shared the view that the invasion was a violation of international law and constituted a war of aggression,<ref>CNN, 20 Mar. 2003, "U.S. Launches Cruise Missiles at Saddam; Saddam Denounces Attack as 'Criminal'", http://www.cnn.com/2003/WORLD/meast/03/19/sprj.irq.main/</ref> as did a number of American legal experts, including ], Professor at ] and president of the ],<ref>Jurist, Legal News and Research, University of Pittsburgh School of Law, 9 Nov, 2006, Forum: Op-ed, "Donald Rumsfeld: The War Crimes Case", http://jurist.law.pitt.edu/forumy/2006/11/donald-rumsfeld-war-crimes-case.php {{Webarchive|url=https://web.archive.org/web/20140529194929/http://jurist.law.pitt.edu/forumy/2006/11/donald-rumsfeld-war-crimes-case.php |date=29 May 2014 }}</ref> and former ] ].<ref>I.P.O. Information Service, 29 Jan 2004, "Iraq War 2003: Question of War of Aggression, Letter from Mr. Ramsey Clark to the Secretary-General of the United Nations -- 29 January 2004", http://i-p-o.org/ipo-nr-iraq-clark-29jan04.htm</ref>
The Law Lords ruled in a case brought before them in March 2006 that the British Government had not broken English law when it took part in the invasion of Iraq. {{fact|date=May 2007}}


===Germany=== ==Domestic law==


===United States===
The German Federal Administrative Court on ] 2005 found that the war and Germany's involvement in it met with grave concerns in terms of the rules of public international law. However, the Court did not make it totally clear that, in its opinion, the war and the contributions to it by the German Federal Government were outright illegal.<ref>Nikolaus Schultz '''' of ] ] in the ] No. 1 (1 January 2006), citation from sectin "D. Comments"</ref>
{{further|Iraq Resolution}}
], October 2, 2002.]]


With the support of large bipartisan majorities, the ] passed the Authorization for Use of Military Force Against Iraq Resolution of 2002. The resolution asserts the authorization by the ] and the United States Congress for the President to fight anti-United States terrorism. Citing the ], the resolution reiterated that it should be the policy of the United States to remove the Saddam Hussein regime and promote a democratic replacement. The resolution "supported" and "encouraged" diplomatic efforts by President ] to "strictly enforce through the U.N. Security Council all relevant Security Council resolutions regarding Iraq" and "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq". The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant ] Resolutions regarding Iraq".
In this minor criminal case the court decided not to convict a Major in the German Army of the crime of refusing duty that would advance the Iraq war. It had nothing to do with the legality of the war - nor may the German Government usurp the legal authority of the UN Security Council under Articles 39-42 if it wished to do so. It's decion impacts domestic German criminal law only.


===Ireland=== ===United Kingdom===


==== Opinion of the Attorney General for England and Wales ====
Five peace campaigners using an axe and hammers attacked a US navy plane in February 2003 as it was refuelling at Shannon airport, Ireland, on its way to Kuwait, where it would deliver supplies to be used in the impending war. The peace saboteurs caused $2.5m worth of damage to the plane. The jury decided that the saboteurs had a lawful excuse because they were acting to prevent an illegal war in Iraq and acquitted the saboteurs. '']'', October 17, 2006, free archived version at http://www.commondreams.org/views06/1017-24.htm last visited 10/17/06).


Before the invasion, the then ], ], advised that the war would be in breach of international law for six reasons, ranging from the lack of a second United Nations resolution to UN inspector Hans Blix's continuing search for weapons.<ref>{{cite news | url=http://observer.guardian.co.uk/politics/story/0,6903,1469235,00.html | title=Blair blow as secret war doubts revealed | access-date=2007-10-25 | date=2005-04-24 | work=The Guardian | location=London | first=Gaby | last=Hinsliff}}</ref> Ten days later, on March 7, 2003, as UK troops were massing in Kuwait, Lord Goldsmith changed his mind, saying:
In this minor criminal case the jury decided not to convict vandals of crimes. The decion had nothing to do with the legality of the war - nor may the Irish Government usurp the legal authority of the UN Security Council under Articles 39-42 if it wished to do so. It's decion impacts domestic Irish criminal law only.


<blockquote>I remain of the opinion that the safest legal course would be to secure the adoption of a further resolution to authorise the use of force.... Nevertheless, having regard to the information on the negotiating history which I have been given and to the arguments of the US Administration which I heard in Washington, I accept that a reasonable case can be made that resolution 1441 is capable in principle of reviving the authorisation in 678 without a further resolution.<ref>{{cite web|url=http://www.number-10.gov.uk/files/pdf/Iraq+Resolution+1441.pdf |title=Declassified opinion of the UK Attorney General on Iraq Resolution 1441 to the Prime Minister |access-date=2010-04-19 |archive-url=https://web.archive.org/web/20050428194646/http://www.number-10.gov.uk/files/pdf/Iraq%2BResolution%2B1441.pdf |archive-date=2005-04-28 |url-status=dead }}</ref></blockquote>


He concluded his revised analysis by saying that "regime change cannot be the objective of military action".


====Downing Street memo====
==See Also==
{{Main|Downing Street memo}}
*]

On 1 May 2005, a known as the Downing Street memo was apparently leaked to '']''. The memo, which details the minutes of a 26 July 2002 meeting, recorded the head of the ] (MI6), after his recent visit to Washington, expressing his view that, "Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy." It also quoted ] ] as saying that it was clear that Bush had "made up his mind" to take military action but that "the case was thin" and Attorney-General Goldsmith as warning that justifying the invasion on legal grounds would be difficult.

British officials did not dispute the document's authenticity but did dispute that it accurately stated the situation.

====Cabinet meeting minutes====
The minutes of the cabinet meetings where the legality of the Iraq war was discussed were subjected to a Freedom of Information request in 2007. The request was refused. On 19 February 2008, the Information Commissioner ordered the minutes to be disclosed in the public interest,<ref>{{cite web|url=http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50165372.pdf |title=MODEL DECISION NOTICE AND ADVICE&#93; Version 3 |access-date=2010-04-19}}</ref> but the government appealed to the ]. When the Tribunal upheld the order for disclosure in early 2009,<ref>{{cite web|url=http://www.informationtribunal.gov.uk/DBFiles/Decision/i288/Cabinet%20Office%20v%20IC%20&%20C%20Lamb%20(EA-2008-0024,29)%20-%20Decision%2027-01-09.pdf |title=H- -V1 |access-date=2010-04-19}}</ref> ] (then Justice Minister) issued the first ever ministerial veto (Section 53 of the ]) and prevented the release of the minutes.<ref>{{cite web|url=https://www.theyworkforyou.com/debates/?id=2009-02-24a.153.0 |title=Freedom of Information Act 2000: 24 Feb 2009: House of Commons debates |publisher=TheyWorkForYou.com |access-date=2010-04-19}}</ref><ref>{{cite news|author=Richard Norton-Taylor |url=https://www.theguardian.com/politics/2009/feb/25/cabinet-minutes-iraq-war |title=Why we went to war in Iraq remains a secret as Straw blocks the release of cabinet minutes &#124; Politics |work=The Guardian |date= 2009-02-25|access-date=2010-04-19 | location=London}}</ref> On 6 July 2016, extracts from the minutes were disclosed by the Iraq Inquiry.

===Germany===

On June 21, 2005, in a minor criminal case, the German Federal Administrative Court decided not to convict a Major in the German Army of the crime of refusing duty that would advance the Iraq war. With regard to the Iraq War, the court found that it had "grave concerns in terms of ]".<ref>Nikolaus Schultz '' {{Webarchive|url=https://web.archive.org/web/20070927042539/http://www.germanlawjournal.com/article.php?id=684|date=2007-09-27}}'' of 21 June 2005 in the ] No. 1 (1 January 2006), citation from section "D. The Facts of the Matter and the Outcome of the Case"</ref> However, the court also did not clearly state that the war and the contributions to it by the German Federal Government were outright illegal.<ref>Nikolaus Schultz '' {{Webarchive|url=https://web.archive.org/web/20070927042539/http://www.germanlawjournal.com/article.php?id=684 |date=2007-09-27 }}'' of 21 June 2005 in the ] No. 1 (1 January 2006), citation from section "D. Comments"</ref>

Nikolaus Schultz wrote of this decision: "The Court did not express an opinion as to whether the war on Iraq constituted an act of aggression in the first part of its judgement when dealing with the exceptions to the obligation of a German member of the Federal Armed Forces to obey orders. At a later stage in the written reasons, however, it jumped to the conclusion that a state that resorts to military force without justification and, therefore, violates the prohibition of the use of force provided for by Art. 2.4 of the Charter, at the same time commits an act of military aggression. The (non-binding) Definition of Aggression of the GA attached to ] is broad enough to support this conclusion. However, it has to be recalled that the State Parties to the Rome Statute of the International Criminal Court (ICC) could not agree on a definition of the crime of aggression."<ref name=autogenerated1>'' {{Webarchive|url=https://web.archive.org/web/20070927042539/http://www.germanlawjournal.com/article.php?id=684 |date=2007-09-27 }}'' of 21 June 2005 in the ] No. 1 (1 January 2006), citation from section "C. The Court's Reasoning"</ref>

He summarized: "These findings were watered down to an extent by the Court when it used the cautious proviso that the actions of the states involved only gave rise to grave concerns before arguing the respective issues at stake. By doing that, the Court shifted the burden to the individual soldiers and their decision of conscience whether to obey an order rather than reaching the conclusion that participating in a war violating rules of international law, and even constituting an act of aggression, as the court held, would be illegal and, therefore, justify insubordination."<ref name=autogenerated1 />

===Netherlands===
Following ] from the UK and US, the Dutch government supported the operation of the multinational force in 2003. In January 2010, the 10-month Davids Commission inquiry published its final report. The Commission had been tasked with investigating Dutch government decision-making on political support for the war in Iraq in 2003 .<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/8453305.stm |title= Dutch inquiry says Iraq war had no mandate |publisher=news.bbc.co.uk |date=2010-01-12 |access-date=2010-06-07}}</ref> The inquiry by the Dutch commission was the first ever independent legal assessment of the invasion decision. The Dutch commissioners included the former president of the ], a former judge of the ], and two academic lawyers.

According to the report, the Dutch cabinet failed to fully inform the ] that the allies' military action against Iraq "had no sound mandate under international law" and that the ] was instrumental in influencing the Dutch decision to back the war.<ref>{{cite web|url=http://www.nrc.nl/international/Features/article2458273.ece/Report_answers_questions_on_Iraq |title= Report answers questions on Iraq - Did the British trick the Dutch after the invasion? Questions answered about the Iraq-report |publisher=Nrc.nl |access-date=2010-04-19}}</ref> It also emerged that the British government had refused to disclose a key document requested by the Dutch panel, a letter to Balkenende from ], asking for the support. This letter was said to have been handed over in a "breach of ]" and therefore for Balkenende's eyes only.

In response, Balkenende stated that he had fully informed the House of Representatives about government support for the invasion and that Saddam Hussein's repeated refusal to respect UN resolutions and cooperate with UN weapons inspectors had justified the invasion.<ref>{{cite web|url=http://www.rnw.nl/english/article/balkenende-rejects-iraq-enquiry-criticism |title=Balkenende rejects Iraq enquiry criticism |publisher=Rnw.nl |date=2010-01-12 |access-date=2010-04-19}}</ref><ref>{{cite news|author=Afua Hirsch, legal affairs correspondent |url=https://www.theguardian.com/world/2010/jan/12/iraq-war-illegal-dutch-tribunal |title=Iraq war was illegal, Dutch panel rules - Inquiry says conflict had no sound mandate in international law as it emerges UK denied key letter to seven-judge tribunal |publisher=Guardian |date= 2010-01-12|access-date=2010-04-19 | location=London}}</ref><ref>{{cite news|author=Afua Hirsch, legal affairs correspondent |url=https://www.theguardian.com/world/2010/jan/12/iraq-invasion-violated-interational-law-dutch-inquiry-finds |title=Iraq invasion violated international law, Dutch inquiry finds - Investigation into the Netherlands' support for 2003 war finds military action was not justified under UN resolutions |publisher=Guardian |date= 2010-01-12|access-date=2010-04-19 | location=London}}</ref>

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==References== ==References==
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Latest revision as of 17:02, 19 December 2024

A UN weapons inspector in Iraq

The legality of the Iraq War is a contested topic that spans both domestic and international law. Political leaders in the US and the UK who supported the invasion of Iraq have claimed that the war was legal. However, many legal experts and other world leaders have argued that the war lacked justification and violated the United Nations charter.

In the UK, John Chilcot, chairman of the Iraq Inquiry, concluded that the process of identifying the legal basis for the invasion of Iraq was unsatisfactory and that the actions of the US and the UK undermined the authority of the United Nations. John Prescott, Deputy Prime Minister to Tony Blair, has also argued that the invasion of Iraq lacked legality. In a 2005 paper, Kramer and Michalowski argued that the war "violated the UN Charter and international humanitarian law".

Russian President Vladimir Putin stated that the war was unjustified. In a televised conference before a meeting with the US envoy to Iraq, Putin said that, "The use of force abroad, according to existing international laws, can only be sanctioned by the United Nations. This is the international law. Everything that is done without the UN Security Council's sanction cannot be recognized as fair or justified."

US and UK officials have argued that the invasion was already authorized under existing UN Security Council resolutions regarding the 1991 Gulf War, the subsequent ceasefire (660, 678), and later inspections of Iraqi weapons programs (1441).

Critics of the invasion have challenged these assertions. They argued that an additional Security Council resolution, which the US and UK failed to obtain, would have been necessary to specifically authorize the invasion. In September 2004, then-United Nations Secretary-General Kofi Annan stated, "I have indicated that it is not in accordance with the UN charter. From our point of view and the UN Charter point of view, it was illegal."

The UN Security Council, as outlined in Article 39 of the UN Charter, has the ability to rule on the legality of the war. It has yet not been asked to do so by any UN member nation. Given that the United States and the United Kingdom have veto power in the Security Council, action by the Security Council is highly improbable even if the issue were to be raised. Despite this, the UN General Assembly (UNGA) may ask the International Court of Justice (ICJ)—"the principal judicial organ of the United Nations" (Article 92)—to give either an 'advisory opinion' or 'judgement' on the legality of the war.

Legitimacy

M1A1 Abrams pose for a photo under the "Hands of Victory" in Ceremony Square, Baghdad, Iraq.

A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion (whether the conditions set in place after the Gulf War allowed the resumption if Iraq did not uphold to the Security Council resolutions). Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678. Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor" in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.

There are ongoing debates regarding whether the invasion was launched with the explicit authorization of the United Nations Security Council. The Government of the United States asserts that the invasion was explicitly authorized by Security Council Resolution 678 and thus complies with international law. The Security Council Resolution 678 authorizes UN Member States to "use all necessary means to uphold and implement Resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area", however there exist different interpretations of its meaning. The only legal jurisdiction to find "aggression" or to find the invasion illegal rests with the Security Council under United Nations Charter Articles 39–42. The Security Council met in 2003 for two days, reviewed the legal claims involved, and elected to be "seized of the matter". The Security Council has not reviewed these issues since 2003. The public debate, however, continues. Former UN Secretary General Kofi Annan expressed his opinion that the invasion of Iraq was "not in conformity with the UN charter from the charter point of view, was illegal".

Saddam's record

While in power, Saddam Hussein invaded Iran in 1980 and began the Iran–Iraq War, which lasted until 1988. Iraq's invasion was backed by the United States who funneled over $5 billion to support Saddam's party and sold Iraq hundreds of millions of dollars worth of military equipment. During the war, Hussein used chemical weapons on at least 10 occasions, including attacks against civilians. In 1990, Iraq invaded Kuwait and began the Persian Gulf War. After the ceasefire agreement was signed between Saddam and the UN in 1991, which suspended the hostilities of the Gulf War, Iraq repeatedly violated 16 different UNSC resolutions from 1990 to 2002. The Iraq Survey Group interviewed regime officials who stated Hussein kept weapon scientists employed and planned to revive Iraq's WMD program after the inspections were lifted, including nuclear weapons. Under UN Resolution 1441, he was given a "final opportunity" to comply, and he again violated the resolution by submitting a false report to UNMOVIC inspectors and continually preventing them from inspecting Iraq's WMD sites.

During the Gulf War, Iraq took foreign civilians hostage on an unprecedented scale. Hussein attempted to use terrorism against the United States during the Gulf War and against former President George H.W. Bush in Kuwait in 1993 for leading the Gulf War against him. He had a long history of supporting fighters in Palestine by giving money to families of suicide bombers and gave refuge to other fighting groups against neighboring states in the region.

In 2000, two human rights groups, International Federation of Human Rights Leagues and the Coalition for Justice in Iraq, released a joint report documenting the indoctrination of children into a fighting force. These children as young as five were recruited into the Ashbal Saddam or Saddam's Cubs. The children would be separated from their parents and undergo military training. Parents objecting to this recruitment would be executed and children jailed if they failed to comply. These jails were later noted by Scott Ritter in an interview with Time magazine.

Vice President Cheney stated in 2006 that the U.S. would still have invaded Iraq even if intelligence had shown that there were no weapons of mass destruction. He said Hussein was still dangerous because of his history of using WMD, and taking him out of power "was the right thing to do".

According to Donald Rumsfeld, Saddam Hussein was giving $25,000 to the families of suicide bombers who were aggressive toward Israel.

Weapons of mass destruction

Further information: Iraq and weapons of mass destruction
Colin Powell holding a model vial of anthrax while giving a presentation to the United Nations Security Council

In the past, Iraq had been supplied with chemical weapons and the technology to develop them by Germany, France, United States and the United Kingdom. Saddam used these weapons against Iranian forces in the Iran–Iraq War, and against Kurdish civilians in the Iraqi town of Halabja. In 1990 during the Gulf War Saddam had the opportunity to use these weapons, but chose not to. One of the noted reasons is the Iraqi forces' lack of up to date equipment to protect themselves from the effects, as well as the speed with which the US forces traversed the open desert. From 1991 to 1998 UNSCOM inspected Iraq and worked to locate and destroy WMD stockpiles. The team was replaced in 1999 with the United Nations Monitoring Verification and Inspection Commission, UNMOVIC.

In 2002, Scott Ritter, a former UNSCOM weapons inspector, heavily criticized the Bush administration and the news media for relying on the testimony of alleged Iraqi nuclear scientist and defector Khidir Hamza as a rationale for invading Iraq.

We seized the entire records of the Iraqi Nuclear program, especially the administrative records. We got a name of everybody, where they worked, what they did, and the top of the list, Saddam's "Bombmaker" was a man named Jafar Dhia Jafar, not Khidir Hamza, and if you go down the list of the senior administrative personnel you will not find Hamza's name in there. In fact, we didn't find his name at all, because in 1990 he didn't work for the Iraqi Nuclear Program. He had no knowledge of it because he worked as a kickback specialist for Hussein Kamel in the Presidential Palace.

He goes into northern Iraq and meets up with Ahmad Chalabi. He walks in and says, "I'm Saddam's 'Bombmaker'." So they call the CIA and they say, "we know who you are, you're not Saddam's 'Bombmaker', go sell your story to someone else." And he was released, he was rejected by all intelligence services at the time, he's a fraud.

And here we are, someone who the CIA knows is a fraud, the US Government knows is a fraud, is allowed to sit in front of the United States Senate Committee on Foreign Relations and give testimony as an expert witness. I got a problem with that, I got a problem with the American media, and I've told them over and over and over again that this man is a documentable fraud, a fake, and yet they allow him to go on CNN, MSNBC, CNBC, and testify as if he actually knows what he is talking about.

No militarily significant WMDs have been found in Iraq since the invasion, although several degraded chemical munitions dating to before 1991 have been. On June 21, 2006, a report was released through the United States Senate Select Committee on Intelligence, stating that since 2003, approximately 500 degraded chemical munitions have been discovered dating from before 1991 in Iraq, and "likely more will be recovered". The weapons are filled "most likely" with Sarin and Mustard Gas. However, the U.S. Department of Defense states that these weapons were not in usable condition, and that "these are not the WMDs this country and the rest of the world believed Iraq had, and not the WMDs for which this country went to war".

In January 2006, The New York Times reported that, "A high-level intelligence assessment by the Bush administration concluded in early 2002 that the sale of uranium from Niger to Iraq was 'unlikely'." The Iraqi government denied the existence of any such facilities or capabilities and called the reports lies and fabrications, which was backed by the post-war prima facie case that no WMDs were evident or found.

President George Bush, surrounded by leaders of the House and Senate, announces the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq, October 2, 2002.

Former CIA officials have stated that the White House knew before the invasion that Iraq had no weapons of mass destruction, but had decided to attack Iraq and continue to use the WMD story as a false pretext for launching the war. The leaked Downing Street Memo, an internal summary of a meeting between British defense and intelligence officials, states that Bush administration had decided to attack Iraq and to "fix intelligence" to support the WMD pretext to justify it. A transcript of a secret conversation between President Bush and PM Blair leaked by a government whistleblower reveals that the US and UK were prepared to invade Iraq even if no WMD were found. British officials in the memo also discuss a proposal by President Bush to provoke Iraq, including using fake UN planes, to manufacture a pretext for the invasion he had already decided on. Best evidence of that false intelligence has been Niger uranium story because on March 14, 2003 (before the invasion) it became public knowledge that president Tandja Mamadou's signatory had been forged.

In 2004 the Butler Commission Report concluded that, "on the basis of the intelligence assessments at the time", statements by the British Government "on Iraqi attempts to buy uranium from Africa" were "well-founded". Opponents however consider the Butler Review a whitewash which lacked cross-party support (the panel was appointed by, and reported directly to, the Prime Minister).

The Iraq Intelligence Commission rejected claims that the Bush administration attempted to influence the intelligence community's pre-war assessments of Iraq's weapons programs, but it did not investigate whether the administration misled the public about the intelligence.

The Commission found no evidence of political pressure to influence the Intelligence Community's pre-war assessments of Iraq's weapons programs. As we discuss in detail in the body of our report, analysts universally asserted that in no instance did political pressure cause them to skew or alter any of their analytical judgments.

Paul R. Pillar, a 28-year veteran of the CIA, wrote in Foreign Affairs that the method of investigation used by panels—essentially, asking analysts whether their arms had been twisted—would have caught only the crudest attempts at politicization:

The actual politicization of intelligence occurs subtly and can take many forms. … Well before March 2003, intelligence analysts and their managers knew that the United States was heading for war with Iraq. It was clear that the Bush administration would frown on or ignore analysis that called into question a decision to go to war and welcome analysis that supported such a decision. Intelligence analysts … felt a strong wind consistently blowing in one direction.

Pillar holds that intelligence was "misused to justify decisions already made".

Regime documents captured inside Iraq by coalition forces are reported to reveal Saddam's frustration with weapon inspections. Meeting transcripts record him saying to senior aides: "We don't have anything hidden!" He questions whether inspectors would "roam Iraq for 50 years". "When is this going to end?", he remarks. He tells his deputies in another: "Don't think for a minute that we still have WMD. We have nothing."

Former General Georges Sada maintains the Iraqi leadership ordered the removal of WMD from Iraq to Syria before the 2003 invasion, in spite of the findings by the Iraq Survey Group, citing an unnamed Iraqi airline captain said to be involved with the operations.. On an episode of The Daily Show, Sada reiterated these claims.The final report on Iraqi weapons of mass destruction, issued by Charles Duelfer, concluded in April 2005 that the hunt for weapons of mass destruction had "gone as far as feasible" and found nothing. However, Duelfer reported though that the search for WMD material turned up nothing that his team was "unable to rule out unofficial movement of limited WMD-related materials".

Countries supporting and opposing the invasion

State positions on the Iraq War

Support for the invasion and occupation of Iraq included 49 nations, a group that was frequently referred to as the "coalition of the willing". These nations provided combat troops, support troops, and logistical support for the invasion. The nations contributing combat forces during the initial invasion were, roughly:

Total 297,384 – 99% US & UK

The United States (250,000 84%), the United Kingdom (45,000 15%), Australia (2,000 0.6%), Denmark (200 0.06%), and Poland (184 0.06%), these totals do not include the 50,000+ Iraqi Kurdish soldiers that assisted the coalition. Ten other countries offered small numbers of non-combat forces, mostly either medical teams and specialists in decontamination. In several of these countries a majority of the public was opposed to the war. For example, in Spain polls reported at one time a 90% opposition to the war. In most other countries less than 10% of the populace supported an invasion of Iraq without a specific go-ahead from the UN. According to a mid-January 2003 telephone poll, approximately one-third of the U.S. population supported a unilateral invasion by the US and its allies, while two-thirds supported war if directly authorized by the U.N.

Global protests expressed opposition to the invasion. In many Middle Eastern and Islamic countries there were mass protests, as well as in Europe. On the government level, the war was criticized by Canada, Belgium, Chile, Russia, France, the People's Republic of China, Germany, Switzerland, the Vatican, India, Iraq, Indonesia, Malaysia, New Zealand, Brazil, Mexico, the Arab League, the African Union and many others. Although many nations opposed the war, no foreign government openly supported Saddam Hussein, and none volunteered any assistance to the Iraqi side. Leading traditional allies of the U.S. who had supported Security Council Resolution 1441, France, Germany and Russia, emerged as a united front opposed to the U.S.-led invasion, urging that the UN weapons inspectors be given time to complete their work.

Saudi Foreign Minister Prince Saud said the U.S. military could not use Saudi Arabia's soil in any way to attack Iraq. After ten years of U.S. presence in Saudi Arabia, cited among reasons by Saudi-born Osama bin Laden for his al-Qaeda attacks on America on September 11, 2001, most of U.S. forces were withdrawn in 2003.

Opposition view of the invasion

Main article: Opposition to the Iraq War

Those who opposed the war in Iraq did not regard Iraq's violation of UN resolutions to be a valid case for the war, since no single nation has the authority, under the UN Charter, to judge Iraq's compliance to UN resolutions and to enforce them. Furthermore, critics argued that the US was applying double standards of justice, noting that other nations such as Israel are also in breach of UN resolutions and have nuclear weapons.

Giorgio Agamben, the Italian philosopher, has offered a critique of the logic of preemptive war.

Although Iraq was known to have pursued an active nuclear weapons development program previously, as well as to have tried to procure materials and equipment for their manufacture, these weapons and material have yet to be discovered. President Bush's reference to Iraqi attempts to purchase uranium in Africa in his 2003 State of the Union address are by now commonly considered as having been based on forged documents (see Yellowcake forgery).

Robert Fisk, Middle East correspondent for The Independent, comments in his book The Great War for Civilisation that history is repeating itself. Fisk, in the Dutch TV news program Nova: "It is not just similar, it is 'fingerprint' the same." In 1917, the UK invaded Iraq, claiming to come "not as conquerors but as liberators". After an insurrection in 1920, "the first town that was bombed was Fallujah and the next town that was laid siege to was Najaf". Then, the British army intelligence services claimed that terrorists were crossing the border from Syria. Prime minister Lloyd George stood up in the house of commons and declared that "if British troops leave Iraq there will be civil war". The British were going to set up a democracy in Iraq. In a referendum, however, a king was 'elected'. "They decided they would no longer use troops on the ground, it was too dangerous, they would use the Royal Air force to bomb villages from the air. And eventually, we left and our leaders were overthrown and the Ba'ath party, which was a revolutionary socialist party at the time—Saddam Hussein—took over. And I'm afraid that the Iraq we are creating now is an Iraq of anarchy and chaos. And as long as we stay there, the chaos will get worse."

Christian opposition to war

Pope John Paul II spoke out against the war several times, and said that a war against Iraq would be a "disaster" and a "crime against peace". During the buildup to the war, one hundred Christian scholars of ethical theory issued a statement condemning the war as morally unjustifiable. Their brief statement, which was published in the Sept. 23 edition of the , read as follows: "As Christian Ethicists, we share a common moral presumption against a preemptive war on Iraq by the United States." The group included scholars from a wide array of universities, including traditionally left-leaning Ivy League schools as well as more conservative institutions such as Lipscomb University, in Nashville, Lubbock Christian University, in Lubbock, Tex. (both affiliated with the Churches of Christ), and the Baptist Theological Seminary at Richmond. Other scholars of the just war theory asserted that war with Iraq could be justified on the grounds of defense of a "helpless other". This position is based on the position that war could be justified on the grounds of liberating a helpless people being victimized by a tyrannical ruler.

International law

International Court of Justice

The International Court of Justice is the principal judicial organ of the United Nations. The General Assembly or the Security Council may request that the International Court of Justice provide an advisory opinion on any legal question. Any organ or agency of the UN so authorized by the General Assembly may also request the ICJ for an advisory opinion.

Principal legal rationales

The United Nations Charter is the foundation of modern international law. The US and its principal coalition allies in the 2003 invasion of Iraq have all ratified the charter and are thus legally bound by its terms. Article 2(4) of the UN Charter generally bans the use of force by states except when carefully circumscribed conditions are met, stating:

All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

According to Louise Doswald-Beck, Secretary-General International Commission of Jurists, this rule was "enshrined in the United Nations Charter in 1945 for a good reason: to prevent states from using force as they felt so inclined". Therefore, in the absence of an armed attack against the US or the coalition members, any legal use or threat of force against Iraq had to be supported by a UN Security Council resolution.

However, under Article 51 of the UN Charter, the US and its coalition allies reserved the right to self-defense even without a UN mandate. The US cited the 1993 assassination attempt on former US President George H. W. Bush and the firing on coalition aircraft enforcing the 1991 Gulf War ceasefire no-fly zones over Northern and Southern Iraq. The US also cited Iraq's major offensive against the city of Irbil in Iraqi Kurdistan in violation of UNSC Resolution 688, prohibiting repression of Iraq's ethnic minorities. In retaliation, the US conducted the bombing of Iraq in June 1993 and again in 1996.

The US and UK governments, along with others, also stated that the invasion was entirely legal because it was already authorized by existing United Nations Security Council resolutions. They characterized the invasion as a resumption of previously temporarily suspended hostilities rather than a war of aggression, as the US and UK were acting as agents for Kuwait's defense in response to Iraq's 1990 invasion. Some international legal experts, including the International Commission of Jurists, the U.S.-based National Lawyers' Guild, a group of 31 Canadian law professors, and the U.S.-based Lawyers' Committee on Nuclear Policy, have found this legal rationale to be untenable and are of the view that the invasion was not supported by UN resolution and was therefore illegal.

UN resolutions

A Tomahawk cruise missile (TLAM) is fired from an Arleigh Burke-class destroyer during the fourth wave of attacks on Iraq in support of Operation Desert Fox.

As part of the 1991 Gulf War ceasefire agreement, the Iraqi government agreed to Security Council Resolution 687, which called for weapons inspectors to search locations in Iraq for chemical, biological and nuclear weapons, as well as weapons that exceed an effective distance of 150 kilometres. After the passing of resolution 687, thirteen additional resolutions (699, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284) were passed by the Security Council reaffirming the continuation of inspections, or citing Iraq's failure to comply fully with them. On September 9, 1998, the Security Council passed resolution 1194 which unanimously condemns Iraq's suspension of cooperation with UNSCOM, one month later on October 31 Iraq officially declares it will cease all forms of interaction with UNSCOM.

The period between October 31, 1998, and the initiation of Operation Desert Fox (December 16, 1998), contained talks by the Iraqi government with the United Nations Security Council. During these talks Iraq attempted to attach conditions to the work of UNSCOM and the International Atomic Energy Agency, which was against previous resolutions calling for unconditional access. The situation was defused after Iraq's Ambassador to the U.N., Nizar Hamdoon, submitted a third letter stating the position of the Iraqi government on October 31 was "void". After weapons inspections resumed, UNSCOM requested arms documents related to weapon usage and destruction during the Iran–Iraq War. The Iraqi government rejected this request because it was handwritten and did not fall within the scope of the UN mandate. The UN inspectors insisted in order to know if Iraq destroyed all of its weapons, it had to know "the total holdings of Iraq's chemical weapons". Further incidents erupted as Iraqi officials demanded "lists of things and materials" being searched for during surprise inspections.

On December 16, 1998, U.S. President Bill Clinton initiated Operation Desert Fox based on Iraq's failure to fully comply with the inspectors. Clinton noted the announcement made by the Iraqi government on October 31, stating they would no longer cooperate with UNSCOM. Also noted was the numerous efforts to hinder UNSCOM officials, including prevention of photographing evidence and photocopying documents, as well as prevention of interviewing Iraqi personnel.

Excerpt from Donald Rumsfeld memo dated Nov. 27 2001

Inspection teams were withdrawn before the Operation Desert Fox bombing campaign and did not return for four years. The United Nations no-fly zone enforced by the United States, United Kingdom and France—also legality disputed—became a location of constant exchange of fire since Iraqi Vice President Taha Yassin Ramadan instructed Iraqi military to attack all planes in the no-fly zone.

A memo written by US Secretary of Defense Rumsfeld dated Nov 27, 2001 considers a US invasion of Iraq. One section of the memo questions "How start?", listing multiple possible justifications for a US-Iraq War, one scenario being "Dispute over WMD inspections—Start thinking now about inspection demands". In late 2002, after international pressure and more UN Resolutions, Iraq allowed inspection teams back into the country. In 2003, UNMOVIC was inspecting Iraq but were ordered out. There is no credible evidence of WMD production (see Duelfer Report) and no WMDs have been found to date after 1991 (See below and WMD in Iraq). George W. Bush has since admitted that "much of the intelligence turned out to be wrong".

The United States offered intelligence from the Central Intelligence Agency and British MI5 to the United Nations Security Council suggesting that Iraq possessed weapons of mass destruction. The U.S. claimed that justification rested upon Iraq's violation of several U.N. Resolutions, most recently UN Security Council Resolution 1441. U.S. president George W. Bush claimed Iraq's WMDs posed a significant threat to the United States and its allies. An inspection team UNMOVIC, before completing its UN-mandate or completing its report was ordered out by the UN because the US-led invasion appeared imminent.

The then United Nations Secretary-General Kofi Annan said in September 2004 that, "From our point of view and the UN Charter point of view, it was illegal."

The political leaders of the US and UK at the time argued that the war was legal, and that existing UN Security Council resolutions related to the first Persian Gulf War and the subsequent ceasefire (660, 678), and to later inspections of Iraqi weapons programs (1441), had already authorized the invasion. Critics of the invasion have challenged both of these assertions, arguing that an additional Security Council resolution, which the US and UK failed to obtain, would have been necessary to specifically authorize the invasion.

Resolution 1441

UNSC Resolution 1441 was passed unanimously on November 8, 2002, to give Iraq "a final opportunity to comply with its disarmament obligations" that had been set out in several previous resolutions (resolution 660, resolution 661, resolution 678, resolution 686, resolution 687, resolution 688, resolution 707, resolution 715, resolution 986, and resolution 1284). According to the US State Department, "The resolution strengthened the mandate of the UN Monitoring and Verification Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA), giving them authority to go anywhere, at any time and talk to anyone in order to verify Iraq's disarmament."

The most important text of Resolution 1441 was to require that Iraq "shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect". However, on January 27, 2003, Hans Blix, the lead member of the UNMOVIC, said that, "Iraq appears not to have come to a genuine acceptance, not even today, of the disarmament that was demanded of it." Blix noted that Iraq had failed to cooperate in a number of areas, including (1) the failure to provide safety to U-2 spy planes that inspectors hoped to use for aerial surveillance, (2) refusal to let UN inspectors into several chemical, biological, and missile sites on the belief that they were engaging in espionage rather than disarmament, (3) submitting a 12,000-page arms declaration in December 2002, which contained little more than old material previously submitted to inspectors, and (4) failure to produce convincing evidence to the UN inspectors that it had unilaterally destroyed its anthrax stockpiles as required by resolution 687 a decade before 1441 was passed in 2002. On March 7, 2003, Blix said that Iraq had made significant progress toward resolving open issues of disarmament but the cooperation was still not "immediate" and "unconditional" as called for by UN Security Council Resolution 1441. He concluded that it would take "but months" to resolve the key remaining disarmament tasks. The US government observed this as a breach of resolution 1441 because Iraq did not meet the requirement of "immediate" and "unconditional" compliance.

On the day Resolution 1441 was passed, the US ambassador to the UN, John Negroponte, assured the Security Council that there were no "hidden triggers" with respect to the use of force and that, in the event of a "further breach" by Iraq, resolution 1441 would require that "the matter will return to the Council for discussions as required in paragraph 12". However, he then added, "If the Security Council fails to act decisively in the event of further Iraqi violations, this resolution does not constrain any Member State from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security."

At the same meeting, UK Permanent Representative Sir Jeremy Greenstock KCMG used many of the same words and stated, "If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in Operational Paragraph 12."

On March 17, 2003, the Attorney General for England and Wales, Lord Goldsmith, agreed that the use of force against Iraq was justified by resolution 1441 in combination with the earlier resolutions 678 and 687.

According to an independent commission of inquiry set up by the government of the Netherlands, UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions".

Resolutions related to First Persian Gulf War and also the 2003 invasion

As part of the 1991 Gulf War ceasefire agreement, the Iraqi government agreed to UN Security Council Resolution 687, which called for weapons inspectors to search locations in Iraq for chemical, biological, and nuclear weapons, as well as for weapons that exceeded an effective distance of 150 kilometers. After the passing of resolution 687, thirteen additional resolutions (699, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284) were passed by the Security Council, reaffirming the continuation of inspections or citing Iraq's failure to comply fully with them. On September 9, 1998, the Security Council passed Resolution 1194, which unanimously condemned Iraq's suspension of cooperation with UNSCOM. One month later, on October 31, Iraq officially declared that it would cease all forms of interaction with UNSCOM.

Resolution 678 (1990) allows the use of any means necessary to enforce resolution 660 (1990) and subsequent relevant resolutions in order to force Iraq to stop certain activities that threaten international peace and security, such as making weapons of mass destruction and refusing or obstructing United Nations weapons inspections in violation of United Nations Security Council Resolution 68.

The commission of inquiry by the government of the Netherlands found that the UN resolution of the 1990s provided no authority for the invasion.

Criticisms

The legal right to determine how to enforce its own resolutions lies with the Security Council alone (UN Charter Articles 39–42) and not with individual nations. On November 8, 2002, immediately after the adoption of Security Council resolution 1441, Russia, the People's Republic of China, and France issued a joint statement declaring that Council Resolution 1441 did not authorize any "automaticity" in the use of force against Iraq and that a further Council resolution was needed if force were to be used. Critics pointed out that statements from US officials leading up to the war indicated their belief that a new Security Council resolution was required to make an invasion legal. They also pointed out that the UN Security Council had not made such a determination despite serious debate over this issue. To secure Syria's vote in favor of Council Resolution 1441, Secretary of State Powell reportedly advised Syrian officials that "there is nothing in the resolution to allow it to be used as a pretext to launch a war on Iraq".

The UN Security Council, as outlined in Article 39 of the UN Charter, theoretically has the ability to rule on the legality of the war, but the US and the UK have veto power in the Security Council, so action is highly improbable even if the issue were to be raised. Despite this, the UN General Assembly (UNGA) may ask that the International Court of Justice (ICJ)—"the principal judicial organ of the United Nations" (Article 92)—give either an 'advisory opinion' or 'judgement' on the legality of the war. Indeed, the UNGA asked the ICJ to give an 'advisory opinion' on "the legal consequences arising from the construction of the wall being built by Israel", by its resolution A/RES/ES-10/14, as recently as 12 December 2003; despite opposition from permanent members of the Security Council. It achieved this by sitting in tenth 'emergency special session', under the framework of the 'Uniting for Peace' resolution. The ICJ had previously found against the US for its actions in Nicaragua, a finding the US refused to comply with.

The United States structured its reports to the United Nations Security Council around intelligence from the Central Intelligence Agency and Secret Intelligence Service (MI6) stating that Iraq possessed weapons of mass destruction. The US claimed that justification for the war rested upon Iraq's violation of several UN resolutions, with the most recent being UN Security Council Resolution 1441.

Commission of Inquiry of the Dutch Government

According to a detailed legal investigation conducted by an independent commission of inquiry set up by the government of the Netherlands, the 2003 invasion violated international law. The investigation was headed by former Netherlands Supreme Court president Willibrord Davids and concluded that the notion of "regime change", as practiced by the powers that invaded Iraq, had "no basis in international law". Also, the commission found that UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions". In a letter to the parliament, the Dutch cabinet admitted that MPs could have been better informed about the doubts and uncertainties of the Dutch intelligence services and about the United States' request for Dutch support.

The Davids inquiry also investigated rumors but was unable to find any proof that the appointment of former Dutch foreign minister De Hoop Scheffer as NATO secretary general was the result of his support for the US-led invasion of Iraq. In February 2010, De Hoop Scheffer himself criticized the Davids Commission report. In an interview with newspaper de Volkskrant, he argued that the cabinet did fully inform parliament and that there had never been any doubts. He rejected the conclusion that it took less than 45 minutes to decide to give political support to the United States. He also contested the conclusion that Prime Minister Balkenende failed to provide adequate leadership. In addition, he argued that no United Nations mandate was needed for the invasion of Iraq and remarked that there was no UN mandate when the Netherlands supported the 1991 US operations in Iraq.

Doubts in the British government

Jack Straw, then UK Foreign Secretary, sent a secret letter to Prime Minister Tony Blair in April 2002, warning Blair that the case for military action against Iraq was of "dubious legality". The letter goes on to state that "regime change per se is no justification for military action" and that "the weight of legal advice here is that a fresh mandate may well be required". Such a new UN mandate was never given. The letter also expresses doubts regarding the outcome of military action.

In March 2003, Elizabeth Wilmshurst, then deputy legal adviser to the British Foreign Office, resigned in protest of Britain's decision to invade without Security Council authorization. Wilmshurst also insinuated that the English Attorney General Lord Goldsmith also believed the war was illegal but that he changed his opinion several weeks before the invasion.

In March 2004, when a Royal Court trial raised the question of whether the invasion was legal, the under-secretary of state, Sir Michael Hastings, wrote to the court and warned, "it would be prejudicial to the national interest and to the conduct of the Government's foreign policy if the English courts were to express opinions on questions of international law."

In 2010, then-deputy prime minister of a later government Nick Clegg, during prime minister's questions in Parliament, asserted that the Iraq war was illegal. Statements issued later suggested that this was a personal view and not a formal view of the coalition government.

In 2016, the deputy prime minister at the time of the invasion, John Prescott, wrote: "In 2004, the UN Secretary-General Kofi Annan said that as regime change was the prime aim of the Iraq War, it was illegal. With great sadness and anger, I now believe him to be right."

In 2017, the UK Chancellor of the Exchequer at the time of the invasion, Gordon Brown, in his memoir "My Life - Our Times" said that US president George W Bush duped Tony Blair into the 2003 Iraq War. Brown sensationally revealed that the US kept quiet about a top-secret report which showed there was no evidence Iraq had weapons of mass destruction. Brown added, "It is astonishing that none of us in the British government ever saw this American report."

The Iraq Inquiry in the UK later found that the legal basis for the law was questionable.

War of aggression

The International Military Tribunal at Nuremberg held following World War II that the waging of a war of aggression is:

essentially an evil thing...to initiate a war of aggression...is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.

Benjamin B. Ferencz was a former law professor and one of the chief prosecutors for the United States at the military trials of German officials following World War II. In an interview given on August 25, 2006, Ferencz stated that in addition to Saddam Hussein, George W. Bush should be tried as well because the Iraq War was started by the U.S. without permission by the UN Security Council. Benjamin B. Ferencz wrote the foreword for Michael Haas's book, George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. Ferencz elaborated as follows:

a prima facie case can be made that the United States is guilty of the supreme crime against humanity, that being an illegal war of aggression against a sovereign nation.

...

The United Nations charter has a provision which was agreed to by the United States, formulated by the United States, in fact, after World War II. It says that from now on, no nation can use armed force without the permission of the U.N. Security Council. They can use force in connection with self-defense, but a country can't use force in anticipation of self-defense. Regarding Iraq, the last Security Council resolution essentially said, "Look, send the weapons inspectors out to Iraq, have them come back and tell us what they've found – then we'll figure out what we're going to do." The U.S. was impatient, and decided to invade Iraq – which was all pre-arranged of course. So, the United States went to war, in violation of the charter.

Professor Ferencz quoted the resignation letter of British deputy legal adviser to the Foreign Ministry, Elizabeth Wilmshurst, who resigned suddenly before the Iraq war started:

I regret that I cannot agree that it is lawful to use force against Iraq without a second Security Council resolution. n unlawful use of force on such a scale amounts to the crime of aggression; nor can I agree with such action in circumstances that are so detrimental to the international order and the rule of law.

According to the International Commission of Jurists (ICJ) in Geneva, the invasion of Iraq was neither in self-defense against armed attack nor sanctioned by a UN Security Council resolution authorizing the use of force and thus constituted the crime of war of aggression. A "war waged without a clear mandate from the United Nations Security Council would constitute a flagrant violation of the prohibition of the use of force". We note with "deep dismay that a small number of states are poised to launch an outright illegal invasion of Iraq, which amounts to a war of aggression".

Then Iraq Ambassador to the United Nations Mohammed Aldouri shared the view that the invasion was a violation of international law and constituted a war of aggression, as did a number of American legal experts, including Marjorie Cohn, Professor at Thomas Jefferson School of Law and president of the National Lawyers Guild, and former Attorney-General of the United States Ramsey Clark.

Domestic law

United States

Further information: Iraq Resolution
President George Bush, surrounded by leaders of the House and Senate, announces the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq, October 2, 2002.

With the support of large bipartisan majorities, the U.S. Congress passed the Authorization for Use of Military Force Against Iraq Resolution of 2002. The resolution asserts the authorization by the Constitution of the United States and the United States Congress for the President to fight anti-United States terrorism. Citing the Iraq Liberation Act of 1998, the resolution reiterated that it should be the policy of the United States to remove the Saddam Hussein regime and promote a democratic replacement. The resolution "supported" and "encouraged" diplomatic efforts by President George W. Bush to "strictly enforce through the U.N. Security Council all relevant Security Council resolutions regarding Iraq" and "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq". The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant UN Security Council Resolutions regarding Iraq".

United Kingdom

Opinion of the Attorney General for England and Wales

Before the invasion, the then Attorney General for England and Wales, Lord Goldsmith, advised that the war would be in breach of international law for six reasons, ranging from the lack of a second United Nations resolution to UN inspector Hans Blix's continuing search for weapons. Ten days later, on March 7, 2003, as UK troops were massing in Kuwait, Lord Goldsmith changed his mind, saying:

I remain of the opinion that the safest legal course would be to secure the adoption of a further resolution to authorise the use of force.... Nevertheless, having regard to the information on the negotiating history which I have been given and to the arguments of the US Administration which I heard in Washington, I accept that a reasonable case can be made that resolution 1441 is capable in principle of reviving the authorisation in 678 without a further resolution.

He concluded his revised analysis by saying that "regime change cannot be the objective of military action".

Downing Street memo

Main article: Downing Street memo

On 1 May 2005, a related UK document known as the Downing Street memo was apparently leaked to The Sunday Times. The memo, which details the minutes of a 26 July 2002 meeting, recorded the head of the Secret Intelligence Service (MI6), after his recent visit to Washington, expressing his view that, "Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy." It also quoted Foreign Secretary Jack Straw as saying that it was clear that Bush had "made up his mind" to take military action but that "the case was thin" and Attorney-General Goldsmith as warning that justifying the invasion on legal grounds would be difficult.

British officials did not dispute the document's authenticity but did dispute that it accurately stated the situation.

Cabinet meeting minutes

The minutes of the cabinet meetings where the legality of the Iraq war was discussed were subjected to a Freedom of Information request in 2007. The request was refused. On 19 February 2008, the Information Commissioner ordered the minutes to be disclosed in the public interest, but the government appealed to the Information Tribunal. When the Tribunal upheld the order for disclosure in early 2009, Jack Straw (then Justice Minister) issued the first ever ministerial veto (Section 53 of the Freedom of Information Act 2000) and prevented the release of the minutes. On 6 July 2016, extracts from the minutes were disclosed by the Iraq Inquiry.

Germany

On June 21, 2005, in a minor criminal case, the German Federal Administrative Court decided not to convict a Major in the German Army of the crime of refusing duty that would advance the Iraq war. With regard to the Iraq War, the court found that it had "grave concerns in terms of public international law". However, the court also did not clearly state that the war and the contributions to it by the German Federal Government were outright illegal.

Nikolaus Schultz wrote of this decision: "The Court did not express an opinion as to whether the war on Iraq constituted an act of aggression in the first part of its judgement when dealing with the exceptions to the obligation of a German member of the Federal Armed Forces to obey orders. At a later stage in the written reasons, however, it jumped to the conclusion that a state that resorts to military force without justification and, therefore, violates the prohibition of the use of force provided for by Art. 2.4 of the Charter, at the same time commits an act of military aggression. The (non-binding) Definition of Aggression of the GA attached to UN General Assembly Resolution 3314 is broad enough to support this conclusion. However, it has to be recalled that the State Parties to the Rome Statute of the International Criminal Court (ICC) could not agree on a definition of the crime of aggression."

He summarized: "These findings were watered down to an extent by the Court when it used the cautious proviso that the actions of the states involved only gave rise to grave concerns before arguing the respective issues at stake. By doing that, the Court shifted the burden to the individual soldiers and their decision of conscience whether to obey an order rather than reaching the conclusion that participating in a war violating rules of international law, and even constituting an act of aggression, as the court held, would be illegal and, therefore, justify insubordination."

Netherlands

Following intelligence from the UK and US, the Dutch government supported the operation of the multinational force in 2003. In January 2010, the 10-month Davids Commission inquiry published its final report. The Commission had been tasked with investigating Dutch government decision-making on political support for the war in Iraq in 2003 . The inquiry by the Dutch commission was the first ever independent legal assessment of the invasion decision. The Dutch commissioners included the former president of the Supreme Court, a former judge of the European Court of Justice, and two academic lawyers.

According to the report, the Dutch cabinet failed to fully inform the House of Representatives that the allies' military action against Iraq "had no sound mandate under international law" and that the United Kingdom was instrumental in influencing the Dutch decision to back the war. It also emerged that the British government had refused to disclose a key document requested by the Dutch panel, a letter to Balkenende from Tony Blair, asking for the support. This letter was said to have been handed over in a "breach of diplomatic protocol" and therefore for Balkenende's eyes only.

In response, Balkenende stated that he had fully informed the House of Representatives about government support for the invasion and that Saddam Hussein's repeated refusal to respect UN resolutions and cooperate with UN weapons inspectors had justified the invasion.

See also

References

  1. Murphy, Sean (2004). "Assessing the Legality of Invading Iraq". George Washington Law School. Archived from the original on 14 November 2016.
  2. "Iraq War was illegal, says Blair's former deputy". Al-Arabiya. 9 July 2016. Archived from the original on 4 January 2022. Retrieved 17 November 2017.
  3. Kramer, Ronald C.; Michalowski, Raymond J. (1 July 2005). "War, Aggression and State Crime". The British Journal of Criminology. 45 (4): 446–469. doi:10.1093/bjc/azi032. ISSN 0007-0955.
  4. ^ "Iraq war was unjustified, Putin says". ABC. 19 December 2003. Archived from the original on 27 October 2016. Retrieved 17 November 2017.
  5. "U.S. urges Putin to drop Iraq debt". CNN. 18 December 2003. Retrieved 17 November 2017.
  6. "11 Times Russian Leaders Condemned The Use Of Force Without U.N. Approval". Buzzfeed. March 2014. Archived from the original on 11 November 2020. Retrieved 17 November 2017.
  7. "We're sorry, that page can't be found" (PDF). fpc.State.gov. Retrieved 17 November 2017.
  8. ^ "Iraq war illegal, says Annan". BBC News. 16 September 2004. Retrieved 25 May 2006.
  9. O'Connell, Mary Ellen (21 November 2002). "UN Resolution 1441: Compelling Saddam, Restraining Bush". Jurist. Archived from the original on 16 May 2006. Retrieved 25 May 2006.
  10. Taylor, Rachel S. "International Law - War in Iraq - United Nations - Iraq". World Press Review Online. Retrieved 25 May 2006.
  11. Ewen MacAskill and Julian Borger in Washington (16 September 2004). "Iraq war was illegal and breached UN charter, says Annan". London: Guardian. Retrieved 19 April 2010.
  12. "War would be illegal". The Guardian. London. 7 March 2003.
  13. "International Law and the War in Iraq," John Yoo. The American Journal of International Law, Vol. 97, No. 3 (Jul., 2003), pp. 563-576 doi:10.2307/3109841.
  14. "Future Implications of the Iraq Conflict." W.H. Taft and T’F. Buchwald. The American Journal of International Law, Vol. 97, No. 3 (Jul., 2003), pp. 553-563 doi:10.2307/3109841,
  15. "Functions and Powers". United Nations. Archived from the original on 2 April 2003.
  16. CRS Issue Brief for Congress (February 2002). "Iraq-U.S. Confrontation" (PDF). Alfred B. Prados and Kenneth Katzman (IB94049). Archived (PDF) from the original on 9 April 2009. Retrieved 23 April 2009.
  17. "Saddam Hussein's Defiance of UNSCRs" (Press release). Department of State. 20 March 2003. Archived from the original on 19 February 2009. Retrieved 23 April 2009.
  18. Patrick McLaren, Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force against Iraq (2003) 13 Duke Journal of Comparative and International Law 233 (Lexis)
  19. Bill Campbell and Chris Moraitis, 'Memorandum of Advice to the Commonwealth Government on the Use of Force against Iraq' (2003) 4 Melbourne Journal of International Law 178.
  20. Bennett-Jones, Owen (16 September 2004). "Excerpts: Annan interview". BBC. Archived from the original on 26 March 2009. Retrieved 18 April 2009.
  21. "خطای نابهنگام" (PDF) (in Persian). United Nations. 12 September 1991. p. 1, 2, 3. Archived from the original (PDF) on 5 February 2012. Retrieved 5 February 2012.
  22. "Saddam Hussein's Development of Weapons of Mass Destruction" (Press release). The White House. 12 September 2002. Archived from the original on 22 September 2018. Retrieved 2 September 2017.
  23. "Saddam Hussein's Defiance of United Nations Resolutions" (Press release). The White House. 12 September 2002. Archived from the original on 11 July 2017. Retrieved 2 September 2017.
  24. "Comprehensive Report of the Special Advisor to the DCI on Iraq's WMD: Volume 1; Regime Strategic Intent Page 1, "Key Findings"" (PDF). Archived (PDF) from the original on 13 July 2007. Retrieved 31 August 2007. He sought to balance the need to cooperate with UN inspections—to gain support for lifting sanctions—with his intention to preserve Iraq's intellectual capital for WMD with a minimum of foreign intrusiveness and loss of face. … Saddam wanted to recreate Iraq's WMD capability—which was essentially destroyed in 1991—after sanctions were removed and Iraq's economy stabilized, but probably with a different mix of capabilities to that which previously existed. Saddam aspired to develop a nuclear capability—in an incremental fashion, irrespective of international pressure and the resulting economic risks—but he intended to focus on ballistic missile and tactical chemical warfare (CW) capabilities.
  25. "Hans Blix Security Council Briefing Notes". 19 December 2002. Archived from the original on 26 January 2008. Retrieved 9 July 2007. During the period 1991–1998, Iraq submitted many declarations called full, final and complete. Regrettably, much in these declarations proved inaccurate or incomplete or was unsupported or contradicted by evidence. In such cases, no confidence can arise that proscribed programmes or items have been eliminated. … The overall impression is that not much new significant information has been provided in the part of Iraq's Declaration, which relates to proscribed weapons programmes, nor has much new supporting documentation or other evidence been submitted.
  26. "Hans Blix's briefing to the security council". Guardian. 14 February 2003. Archived from the original on 26 August 2013. Retrieved 21 July 2013.
  27. "Overview of State-Sponsored Terrorism". Federation of American Scientists. 1990. Archived from the original on 11 October 2017. Retrieved 9 July 2007.
  28. "Tracking Saddam's Network". U.S. News & World Report. 22 February 1998. Archived from the original on 29 September 2007. Retrieved 9 July 2007.
  29. "Iraqi Support for and Encouragement of Palestinian Terrorism (Part 1)". August 2002. Archived from the original on 27 September 2007. Retrieved 9 July 2007.
  30. "Saddam Hussein's Support for International Terrorism" (Press release). The White House. 12 September 2002. Archived from the original on 9 March 2018. Retrieved 2 September 2017.
  31. Calabresi, Massimo (14 September 2002). "Time Magazine: Scott Ritter in his Own Words". Archived from the original on 12 June 2006. Retrieved 9 August 2007.
  32. "Cheney: WMD or not, Iraq invasion was correct". NBC News. 10 September 2006. Archived from the original on 24 April 2013. Retrieved 31 August 2007. He'd done it before,' Cheney said. 'He had produced chemical weapons before and used them. He had produced biological weapons. He had a robust nuclear program in '91.' The U.S. invasion 'was the right thing to do, and if we had to do it again, we would do exactly the same thing,' he said.
  33. "Donald Rumsfeld Pt. 1 - the Daily Show - Video Clip". Archived from the original on 14 July 2014. Retrieved 12 July 2014.
  34. David Leigh (6 March 2003). "The strange case of Falluja 2". The Guardian. London. Archived from the original on 26 August 2013. Retrieved 20 September 2008. The plant was sold and installed by a British company in Hounslow, Uhde Ltd.
  35. "Gulf War Non-Use of Chemical Weapons". GlobalSecurity.org. Archived from the original on 27 February 2006. Retrieved 28 February 2006.
  36. "The Iraqi Threat: How Real Is It?". October 2002. Archived from the original on 11 May 2011. Retrieved 6 January 2011.
  37. ^ "Report: Hundreds of WMDs Found in Iraq". Fox News. 21 June 2006. Archived from the original on 22 January 2009. Retrieved 29 April 2006.
  38. House of Representatives Permanent Select Committee on Intelligence (June 21, 2006). "De-classified Report" (PDF). Fox News. Archived (PDF) from the original on June 23, 2006. Retrieved April 29, 2006.
  39. Lichtblau, Eric (18 January 2006). "2002 Memo Doubted Uranium Sale Claim". New York Times. Archived from the original on 29 August 2015. Retrieved 22 February 2017.
  40. "White House knew there were no WMD: CIA". The Sydney Morning Herald. April 22, 2006. Archived from the original on June 2, 2006. Retrieved October 29, 2006.
  41. ^ Natta, Jr, Don Van (March 27, 2006). "Bush Was Set on Path to War, British Memo Says". The New York Times. Archived from the original on November 5, 2014. Retrieved February 22, 2017. (see also the Downing Street Memorandum)
  42. "Fake Iraq documents 'embarrassing' for U.S." CNN. March 14, 2003. Archived from the original on September 27, 2009. Retrieved April 29, 2007.
  43. "Iraq crisis & what the Butler will not see". Private Eye (1100). 20 February 2004. Archived from the original on 7 September 2012. Retrieved 26 June 2015.
  44. "Iraq: What Did Congress Know, And When?". Factcheck.org, November 19, 2005. Archived from the original on 27 September 2007. Retrieved 7 October 2007.
  45. "Iraq: What Did Congress Know, And When?". FactCheck.org. Archived from the original on 27 September 2007.
  46. "Intelligence, Policy, and the War in Iraq". Foreign Affairs. March–April 2006. Archived from the original on 10 November 2007.
  47. "Verbatim: Feb. 20, 2006". Time. February 14, 2006. Archived from the original on August 16, 2007. Retrieved March 7, 2009.
  48. "Transcripts Show Saddam Frustrated Over WMD Claims". Fox News. March 22, 2006. Archived from the original on May 30, 2007. Retrieved September 14, 2007.
  49. Sada, Georges; Nelson Black, Jim (2006). Saddam's Secrets: How an Iraqi General Defied and Survived Saddam Hussein. Integrity Publishers. p. 260. ISBN 1-59145-404-2.
  50. Stewart, Jon; Sada, Georges (21 March 2006). The Daily Show. Season 11. Episode 37. Comedy Central. Stewart: "Now this is not- Is this firsthand knowledge of yours? Somebody told you this, you've seen it." Sada: "After 90's, after 90's, they were there, and how I knew they were there, after they were transported, the pilots who transported it, they told me." Stewart: "The guys who flew there..." Sada: "The guys who were responsible-"
  51. "CIA's final report: No WMD found in Iraq". NBC News. April 25, 2003. Retrieved January 19, 2007.
  52. "Iraq Poll 2003". Archived from the original on 26 January 2009.
  53. "Gallup Poll Results" (PDF) (Press release). Archived from the original (PDF) on 27 September 2011.
  54. "Gallup Poll Results". Archived from the original on 27 December 2005. Retrieved 30 January 2006.
  55. "Saudis Ban Attack on Iraq from Their Soil". Fox News. Archived from the original on 5 April 2013.
  56. https://www.usatoday.com/news/washington/2003-08-28-ustroops-saudiarabia_x.htm
  57. "Focus on Iraq: the UN". BBC News. November 1, 2002. Archived from the original on May 14, 2011. Retrieved May 7, 2010.
  58. "The Chronicle of Higher Education". Archived from the original on 16 May 2008.
  59. Minami, Wayde. "World Left with Brutal Decision on Possible Invasion of Iraq." Air Force Times 63:54 November 18, 2002.
  60. Charter of the United Nations, Chapter XIV, The International Court of Justice, Article 92, Archived 27 September 2017 at the Wayback Machine
  61. Charter of the United Nations, Chapter XIV, The International Court of Justice, Article 96, Archived 27 September 2017 at the Wayback Machine
  62. ^ Howard Friel and Richard Falk, "The Record of the Paper: How the New York Times Misreports Foreign Policy," Chapter I, Without Law of Facts, The United States Invades Iraq," pages 15-17
  63. Article 2(4) of the UN Charter, http://www.yale.edu/lawweb/avalon/un/unchart.htm#art2 Archived 2016-04-21 at the Wayback Machine
  64. International Commission of Jurists, 18 March 2003, Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq Archived 2003-04-07 at the Wayback Machine
  65. "Online NewsHour: Text of Joint Congressional Resolution on Iraq - October 11, 2002". Pbs.org. Archived from the original on 30 October 2010. Retrieved 19 April 2010.
  66. Saddam Hussein's Defiance of UNSCRs
  67. "UN Security Council resolution 1441" (PDF). UN.org. Retrieved 17 November 2017.
  68. National Lawyers' Guild, 2007 Amendments and Resolutions, "Resolution on Impeachment of Bush and Cheney," http://nlg.org/membership/resolutions/2007%20Resolutions/Impeachment%20resolution.pdf Archived 2011-07-27 at the Wayback Machine
  69. "Links to Opinions of Legality of War Against Iraq". Robincmiller.com. Retrieved 19 April 2010.
  70. "Law Groups Say U.S. Invasion Illegal". Commondreams.org. 21 March 2003. Archived from the original on 15 February 2004. Retrieved 19 April 2010.
  71. "International Commission of Jurists". Icj.org. Archived from the original on 7 April 2003. Retrieved 19 April 2010.
  72. "Resolution 687". United Nations Security Council. Archived from the original on 10 June 2017. Retrieved 28 June 2017.
  73. "Chronology of December 1999". United Nations. Archived from the original on 10 July 2008. Retrieved 28 June 2017.
  74. ^ "Iraq stops cooperation with UNSCOM". CNN. 31 October 1998. Archived from the original on 8 March 2006.
  75. "Iraq blinks: Last-minute letters try to avert war". CNN. 15 November 1998. Archived from the original on 6 July 2007.
  76. "Iraq resists request for arms documents". CNN. 20 November 1998. Archived from the original on 4 February 2005.
  77. "Weapons chief says Iraqi inspection rebuff 'very serious'". CNN. 9 December 1998. Archived from the original on 2 October 2002.
  78. "Address by the President to the Nation on Iraq Air Strike" (Press release). The White House. 16 December 1998. Archived from the original on 5 July 2010. Retrieved 23 April 2009.
  79. ^ "'Building momentum for regime change': Rumsfeld's secret memos — MSNBC". 16 February 2013. Archived from the original on 22 March 2013. Retrieved 2 April 2013.
  80. "Iraq says it will fire at planes in no-fly zones". CNN. 26 December 1998. Archived from the original on 19 September 2007.
  81. Left, Sarah (March 7, 2003). "Blix wants months – and Straw offers 10 days". The Guardian. London. Archived from the original on September 17, 2016. Retrieved December 15, 2016.
  82. "Transcript of chief U.N. Weapons Inspector Hans Blix's Presentation to the U.N. Security Council". CNN. March 7, 2003. Archived from the original on January 30, 2008. Retrieved February 28, 2006.
  83. "Bush takes responsibility for invasion intelligence". CNN. 14 December 2005. Archived from the original on 11 February 2006. Retrieved 28 February 2006.
  84. "U.S. Secretary of State Colin Powell Addresses the U.N. Security Council" (Press release). The White House. 5 February 2003. Archived from the original on 12 July 2017. Retrieved 2 September 2017.
  85. "President Bush Addresses the Nation" (Press release). The White House. 19 March 2003. Archived from the original on 17 May 2016. Retrieved 2 September 2017.
  86. "President Says Saddam Hussein Must Leave Iraq Within 48 Hours" (Press release). The White House. 17 March 2003. Archived from the original on 4 March 2016. Retrieved 2 September 2017.
  87. Ewen MacAskill and Julian Borger in Washington (16 September 2004). "Iraq war was illegal and breached UN charter, says Annan". Guardian. London. Archived from the original on 28 August 2013. Retrieved 19 April 2010.
  88. "We're sorry, that page can't be found" (PDF). Archived (PDF) from the original on 30 September 2017. Retrieved 25 June 2017.
  89. "Iraq war illegal, says Annan". BBC News. 16 September 2004. Archived from the original on 15 January 2009. Retrieved 25 May 2006.
  90. ^ O'Connell, Mary Ellen (21 November 2002). "UN RESOLUTION 1441: COMPELLING SADDAM, RESTRAINING BUSH". Jurist. Archived from the original on 16 May 2006. Retrieved 25 May 2006.
  91. Taylor, Rachel S. "International Law – War in Iraq – United Nations – Iraq". World Press Review Online. Archived from the original on 30 July 2013. Retrieved 25 May 2006.
  92. United States Department of State: Fact Sheet, February 25, 2003. Verified 11th Nov 2007.
  93. "Full text: UN security council resolution 1441 on Iraq". London: Guardian. 20 December 2002.
  94. "Key points of Hans Blix's statement". London: Guardian. 27 January 2003.
  95. "UNITED NATIONS WEAPONS INSPECTORS REPORT TO SECURITY COUNCIL ON PROGRESS IN DISARMAMENT OF IRAQ". Un.org. 7 March 2003. Retrieved 26 July 2023.
  96. Yoram Dinstein (12 December 2011). War, Aggression and Self-Defence. Cambridge University Press. p. 305.
  97. United Nations Security Council Verbatim Report 4644. S/PV/4644 page 3. Mr. Negroponte United States 8 November 2002 at 10:00. Retrieved 2007-09-13.
  98. Meeting of the UNSC Sir Jeremy Greenstock KCMG, UK Permanent Representative, 8 November 2002. "... will return to the Council for discussion as required ..." Verified 11th Nov 2007.
  99. "A case for war". London: Guardian Unlimited. 17 March 2003. Retrieved 12 January 2008.
  100. ^ Al Jazeera, 12 Jan 2010, "Dutch Inquiry: Iraq Invasion was Illegal," http://english.aljazeera.net/news/europe/2010/01/2010112144254948980.html
  101. ^ "Iraq Invasion Violated International Law, Dutch Inquiry Finds: Investigation into the Netherlands' Support for 2003 War Finds Military Action was Not Justified under UN Resolutions". The Guardian. 12 January 2010.
  102. "Security Council Resolution 687". Un.org. Retrieved 19 April 2010.
  103. "Chronology of main events". Un.org. Retrieved 19 April 2010.
  104. Archived March 7, 2008, at the Wayback Machine
  105. "Charter of the United Nations". Un.org. Archived from the original on 20 February 2009. Retrieved 19 April 2010.
  106. Taylor, Rachel S. "International Law - War in Iraq - United Nations - Iraq". World Press Review Online. Retrieved 25 May 2006.
  107. "Joint statement from the Popular Republic of China, the Federation of Russia, and France". UN.int. 8 November 2002. Retrieved 23 March 2008.
  108. Wintour, Patrick and Brian Whitaker. "UK expects Iraq to fail arms tests". The Guardian, November 11, 2002. Retrieved April 6, 2007.
  109. UNGA Emergency Special Sessions. Archived 2017-07-03 at the Wayback Machine UN.org.
  110. "U.S. Secretary of State Colin Powell Addresses the U.N. Security Council". The White House. 5 February 2003. Retrieved 12 January 2008.
  111. "Network Europe - Iraq war report critical of Dutch PM". Rnw.nl. 12 January 2010. Retrieved 19 April 2010.
  112. "Prime minister disagrees with Iraq report". Dutchnews.nl. 12 January 2010. Retrieved 19 April 2010.
  113. De Nonconformist (20 February 2010). "Dutch cabinet responds to Iraq war report". Rnw.nl. Retrieved 19 April 2010.
  114. "Cabinet admits Iraq war mistakes". Dutchnews.nl. 9 February 2010. Retrieved 19 April 2010.
  115. "Dutch cabinet admits errors of Iraq invasion"
  116. "Dutch cabinet admits errors of Iraq invasion". Expatica.com. Archived from the original on 4 May 2014. Retrieved 14 June 2021.
  117. "Former minister lashes out at Iraq inquiry". Expatica.com. Retrieved 19 April 2010.
  118. (in Dutch)"De Hoop Scheffer kraakt rapport-Davids"
  119. (in Dutch)"De Hoop Scheffer: vertraagd terugtrekken mogelijk"
  120. The Sunday Times (UK), 17 Jan, 2010, "Revealed: Jack Straw's Secret Warning to Tony Blair on Iraq,"
  121. Wilmshurst Resignation Letter. BBC.com, March 24, 2005. Retrieved on May 29, 2007.
  122. "Iraq Resolution 1441" (PDF). Number-10.gov.uk. 7 March 2003. Archived from the original (PDF) on 28 April 2005. Retrieved 26 May 2006.
  123. "Clegg clarifies stance after saying Iraq war 'illegal'". BBC News. 21 July 2010.
  124. Prescott, John (10 July 2016). "Guilt at the 'illegal' Iraq War will haunt Prescott for the rest of his life". Daily Mirror. Retrieved 15 July 2016.
  125. https://www.dailyrecord.co.uk/news/uk-world-news/us-lied-drag-britain-war-11469154
  126. Broomhall, Bruce (2003). International justice and the International Criminal Court (2 ed.). Oxford University Press. p. 46. ISBN 978-0-19-925600-6.
  127. Glantz, A.: Bush and Saddam Should Both Stand Trial, Says Nuremberg Prosecutor, OneWorld U.S., August 25, 2006. Retrieved 2006-12-12.
  128. Haas, Michael (2008). George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. Greenwood Publishing Group. ISBN 978-0-313-36499-0.
  129. ^ AlterNet, 2006 July 10, "Could Bush Be Prosecuted for War Crimes? A Nuremberg Chief Prosecutor Says there is a Case for Trying Bush for the 'Supreme Crime Against Humanity, an Illegal War of Aggression Against a Sovereign Nation,'" http://www.alternet.org/world/38604/
  130. International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq" "International Commission of Jurists". Archived from the original on 7 April 2003. Retrieved 9 December 2015.
  131. World Socialist Website, 26 Mar. 2003, "International legal Experts Regard Iraq War as Illegal", http://www.wsws.org/articles/2003/mar2003/ilaw-m26.shtml
  132. International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq" "International Commission of Jurists". Archived from the original on 7 April 2003. Retrieved 9 December 2015.
  133. CNN, 20 Mar. 2003, "U.S. Launches Cruise Missiles at Saddam; Saddam Denounces Attack as 'Criminal'", http://www.cnn.com/2003/WORLD/meast/03/19/sprj.irq.main/
  134. Jurist, Legal News and Research, University of Pittsburgh School of Law, 9 Nov, 2006, Forum: Op-ed, "Donald Rumsfeld: The War Crimes Case", http://jurist.law.pitt.edu/forumy/2006/11/donald-rumsfeld-war-crimes-case.php Archived 29 May 2014 at the Wayback Machine
  135. I.P.O. Information Service, 29 Jan 2004, "Iraq War 2003: Question of War of Aggression, Letter from Mr. Ramsey Clark to the Secretary-General of the United Nations -- 29 January 2004", http://i-p-o.org/ipo-nr-iraq-clark-29jan04.htm
  136. Hinsliff, Gaby (24 April 2005). "Blair blow as secret war doubts revealed". The Guardian. London. Retrieved 25 October 2007.
  137. "Declassified opinion of the UK Attorney General on Iraq Resolution 1441 to the Prime Minister" (PDF). Archived from the original (PDF) on 28 April 2005. Retrieved 19 April 2010.
  138. "MODEL DECISION NOTICE AND ADVICE] Version 3" (PDF). Retrieved 19 April 2010.
  139. "H- -V1" (PDF). Retrieved 19 April 2010.
  140. "Freedom of Information Act 2000: 24 Feb 2009: House of Commons debates". TheyWorkForYou.com. Retrieved 19 April 2010.
  141. Richard Norton-Taylor (25 February 2009). "Why we went to war in Iraq remains a secret as Straw blocks the release of cabinet minutes | Politics". The Guardian. London. Retrieved 19 April 2010.
  142. Nikolaus Schultz Case Note – Was the war on Iraq Illegal? – The Judgment of the German Federal Administrative Court Archived 2007-09-27 at the Wayback Machine of 21 June 2005 in the German Law Journal No. 1 (1 January 2006), citation from section "D. The Facts of the Matter and the Outcome of the Case"
  143. Nikolaus Schultz Case Note – Was the war on Iraq Illegal? – The Judgment of the German Federal Administrative Court Archived 2007-09-27 at the Wayback Machine of 21 June 2005 in the German Law Journal No. 1 (1 January 2006), citation from section "D. Comments"
  144. ^ Case Note – Was the war on Iraq Illegal? – The Judgment of the German Federal Administrative Court Archived 2007-09-27 at the Wayback Machine of 21 June 2005 in the German Law Journal No. 1 (1 January 2006), citation from section "C. The Court's Reasoning"
  145. "Dutch inquiry says Iraq war had no mandate". news.bbc.co.uk. 12 January 2010. Retrieved 7 June 2010.
  146. "Report answers questions on Iraq - Did the British trick the Dutch after the invasion? Questions answered about the Iraq-report". Nrc.nl. Retrieved 19 April 2010.
  147. "Balkenende rejects Iraq enquiry criticism". Rnw.nl. 12 January 2010. Retrieved 19 April 2010.
  148. Afua Hirsch, legal affairs correspondent (12 January 2010). "Iraq war was illegal, Dutch panel rules - Inquiry says conflict had no sound mandate in international law as it emerges UK denied key letter to seven-judge tribunal". London: Guardian. Retrieved 19 April 2010. {{cite news}}: |author= has generic name (help)
  149. Afua Hirsch, legal affairs correspondent (12 January 2010). "Iraq invasion violated international law, Dutch inquiry finds - Investigation into the Netherlands' support for 2003 war finds military action was not justified under UN resolutions". London: Guardian. Retrieved 19 April 2010. {{cite news}}: |author= has generic name (help)

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