CYIL Vol. 6, 2015

JAN LHOTSKÝ

CYIL 6 ȍ2015Ȏ

6.5 Iraq 2003 Following the Gulf War in 1991, the UN imposed restrictions on Iraqi arms, including ban of development and possession of weapons of mass destruction (WMD). Ten years later, there were several issues with regard to Iraqi cooperation with UN inspections. The UN Security Council passed resolution 1441 (2002) stating that Iraq had to fully cooperate in its obligation according to this and the former resolutions. The Security Council also warned Iraq that it will face serious consequences as a result of its continued violations of its obligations . 13 In March 2003 the USA and several allies invaded Iraq. Although the coalition was able to put in place a new Iraqi administration relatively quickly, because of subsequent sectarian violence and insurgency the war lasted for almost nine years. The Bush administration based its decision for military intervention on the assertion that Iraq possessed WMD and its government posed an immediate threat to the United States and its allies. Furthermore, the US argued with the alleged Iraqi support of al- Qaeda. However, later it turned out that none of these arguments were valid. As the UN Charter prohibits the use of force with the only two exceptions being self-defence and Security Council approval, the question of legality of this invasion would have to be answered in the following way. First, no strong argument can be developed for self-defence, because Iraq did not invade the USA. Second, there is no Security Council resolution that would explicitly state that all necessary means can be used against Iraq, thus approving the use of force. Third, although there is no doubt that Iraq under Saddam Hussein was a repressive dictatorship, no solid arguments can be developed for any kind of justification based on humanitarian intervention. In conclusion, the 2003 invasion of Iraq needs to be considered illegal under international law. Moreover, it is not difficult to argue that such an act of aggression constitutes by its character, gravity and scale a manifest violation of the UN Charter. Therefore, this kind of illegal use of force would qualify under the notion of the newly defined crime of aggression. 6.6 South Korea 2010 The Korean War lasted from 1950 for the following three years and was concluded by the 1953 armistice. Since then, no peace agreement has been signed. With regard to aggression, two incidents that took place in 2010 can be mentioned. In March of that year, a South-Korean navy ship Cheonan was sunk, killing 46 out of its total 104 military personnel. North Korea, led by Kim Jong-il, denied any responsibility for the sinking. However a South Korean-led international investigation concluded that the warship had been sunk by a North Korean torpedo fired by a submarine.

13 Para 13, UNSCR 1441 (2002).

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