25th May 2003
Iraq War Policy Statement
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The impending
war on Iraq is unlawful in international law.
- The United
Nations Charter requires all members to refrain from the use of force
against the territorial integrity or political independence of any state.
- The Security
Council of the United Nations may authorise force only when there is
a threat to the peace, breach of the peace or act of aggression.
- Security
Council Resolution 1441 passed by the Security Council does not authorise
the use of armed force. The Resolution re-established the inspection
process and required the weapons inspectors to report to the Security
Council.
- Resolution
1441 made clear that the Security Council must convene to consider any
further action if Iraq was found to be in non-compliance.
- Security
Council Resolution 678 was passed in 1990 specifically in response to
Iraqs invasion of Kuwait and only authorised military action in
connection with that invasion. It has no relevance to the current situation.
- Security
Council Resolution 687 was passed in 1991 and set out the terms of the
ceasefire in Iraq. No provision of this Resolution links Iraqs
duty to destroy all weapons of mass destruction with an authorisation
of the use of armed force against Iraq.
- The Security
Council has not passed any resolution permitting the use of armed force
against Iraq. The impending war against Iraq is therefore not lawful
under Article 42 of the United Nations Charter.
- The United
Nations Charter recognises a members right of self defence against
armed attack.
- Iraq has
not attacked any member of the Coalition of the Willing,
nor is there any evidence of an imminent attack by Iraq.
- There
are no grounds for the use of armed force under Article 51 of the United
Nations Charter.
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This page last updated 4th May 2004
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