Legality of The Iraq War - Principal Legal Rationales - Criticisms

Criticisms

The legal right to determine how to enforce its own resolutions lies with the Security Council alone (UN Charter Articles 39-42), not with individual nations. On 8 November 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 were forced to be used. Critics have also pointed out that the statements of US 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. 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 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, most recently UN Security Council Resolution 1441.

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