Manual The Iraq War and International Law

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The pages long report with 49 conclusions said that the United Nations Security Council resolution of provided no legal mandate for the US and the UK-led invasion of Iraq. In the Prime Minister's words, 'A new resolution, while desirable, was not legally necessary.

International Law Aspects of the Iraq War

The government was convinced that a sound judgment had been made. According to the Davids inquiry, "the decision to support the invasion of Iraq was based mainly on international political considerations" instead of legal examination. Another issue which caused concern is that according to the committee, the Dutch government had not been frank with the Dutch Parliament. It never mentioned that in , prior to the invasion of Iraq, the USA requested The Netherlands to cooperate and to support the mobilization of military force against Iraq.

The Dutch government chose to emphasize only those aspects of the reports which were in the interest of the position that had already been taken. In the UK the Chilcot inquiry concerning the decision of the government of the UK to invade Iraq in is still in progress.

Putin: US wars in Afghanistan, Iraq, Libya distorted intl law

According to experts, the conclusions of the Davids committee report concerning information of intelligence services about the use of Weapons of Mass Destruction WMD have serious political implications for the UK. The Davids committee report raises questions about the use of the information of intelligence services. The Davids committee questions the decisions of the UK which were not based on a proper legal investigation of the implications of the decision to go to war.

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Activists are keen to gain access to the documents due to concerns about the impartiality of Peter Goldsmith, the UK's Attorney General and the cabinet's senior legal advisor. Common Dreams. US and Iraqi forces detained photographer Ibrahim Jassam Mohammad in September and refused to provide any evidence to the Iraqi court for doing so.


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US military spokesman Major Fisher says the US military is "not bound" by the decisions from the Iraqi judicial system. Senior UK judicial figure, Lord Bingham, argues that the US and UK invasion of Iraq in was a serious violation of international law as there was no hard evidence that Iraq failed to disarm. UK opposition parties are pressing for an independent inquiry to scrutinize the actions of the government in the run up to the invasion.

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The number of Iraqi detainees in official US and Iraqi detention centers stands at 66, but Iraqi MP Mohammad Al-Dainy contends that this is only "one quarter of the total number being held" in Iraq. Al Dainy argues that Iraqi inmates suffer massive human rights violations in the hundreds of secret prison facilities throughout Iraq, many of which are jointly controlled by the US and Iraqi government. Nearly 20, Iraqis in US detention centers continue to suffer from the US refusal to implement basic international law.

The US denies Iraqi detainees the right to seek legal counsel and even refuses to consider evidence in the process of determining a prisoner's release.

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The Nation. The occupation force has held at least 2, children in detention centers since , including eight in Guantanamo Bay. The author notes that the detention of children in adult detention centers violates US obligations under the UN Convention on the Rights of the Child, as well as accepted international human rights norms.

Associated Press. Despite the controversy surrounding Blackwater and its killing of Iraqi civilians, the US State Department plans to renew a contract with the security firm. In addition to the immunity granted by the State Department, other factors impede the progress of prosecuting Blackwater guards in criminal offenses.

Human rights organizations contend that the Bush administration lacks "the political will" to prosecute criminal cases against Blackwater, thereby creating a "culture of impunity. Lawyers acting for an Iraqi-British national held in Basra argue that the UK is manipulating international law to justify indefinite detention.

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Legality of the Iraq War

The European Convention on Human Rights dictates that governments must either prosecute or release prisoners. The mandate provides for "internment where necessary for imperative reasons of security. The decision means that the Human Rights Act protects anyone held in British custody abroad and grants a right to life, a right not to be tortured and the right to access to a fair trial.

Attorney General Lord Goldsmith, a close advisor to Tony Blair, had earlier ruled that human rights standards did not apply.

During the sieges of Fallujah in , the US used chemical weapons such as white phosphorus and a napalm derivative, causing indiscriminate harm and unnecessary suffering in the civilian population. Although the use of those weapons is banned under several international treaties and the Geneva Conventions, no government or the United Nations has condemned such acts and these crimes remain unpunished. Three years after the sieges, the population of Fallujah continues to face innumerable hazards, living with daily attacks and factional violence and having no access to clean water or health care.


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  • British troops raided the National Iraqi Intelligence Agency in Basra, claiming the act aimed to capture a death squad leader and that they found 30 prisoners with signs of torture. However, the Iraqi government condemned the raid, saying it violated Iraqi sovereignty in contravention of UN Security Council Resolution According to a report by the Iraqi government, the British forces violated the orders of an Iraqi judge by arresting prisoners already in Iraqi custody and were negligent in allowing several prisoners to escape during the raid. Neither the government nor the coalition publish comprehensive figures of civilian casualties.

    Amnesty said the toll just in west Mosul from attacks launched by pro-government forces was very likely higher than the 3, estimated by monitoring group Airwars. Discover Thomson Reuters. Directory of sites. United States.