(Free in the sense of freedom)
This is an interesting paper by Gerry Simpson in which he makes an in-depth analysis of justifications given by US and allied forces for waging war against Iraq in 2003. He regards this war as an illegal and unjustified in terms of international law. He examines various charters of international laws and customary international law in practice and its interpretation by the international court of justice. The basic objective of international humanitarian law is to prevent war as far as possible by peaceful means. He points out the exceptions given in international law for war and examines the justification given by countries that opted for applying force against Iraq. He strongly criticizes the US pre-emptive self defense theory put forward by the Bush administration. UK and Australia invoked the collective responsibility of Security Council and further justified on grounds of need for humanitarian intervention in Iraq.
He has cited various examples from history when great leaders resorted to wars relying on the grounds of self defense and humanitarian invention and resulted not only in their downfall but a great threat to man kind as a whole. Gerry Simpson examines the scope of international law and international institutions created for settlement of disputes arising between the states in the west dominated international society. The resolution passed by the Security Council approving the exercise of force on Iraq giving legality to the war against Iraq by US and allied forces is questioned by Gerry Simpson. This paper is informative and posed various serious questions for the scholars of international law for further analysis and research.
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