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Can the United States Lawfully Get Rid of Saddam Hussein?

Author: Murat Metin Hakki
LLM (LSE), Cornell University
Subjects: International law (Other articles)
United Nations (Other articles)
War International Law (Other articles)
Issue: Volume 9, Number 3 (September 2002)
Category: Comment

Abstract

The concern with the international legality of any action against Iraq that is not authorised by the UN is well placed. Whatever action that might be taken will inevitably be seen as a precedent supporting similar action in other cases, by global or regional superpowers. The consequences will, accordingly, extend far beyond the immediate concern with Iraq. The intention of the United States seems to be to resort to force in order to compel "regime change" and disarmament in Iraq. The author argues that use of force against a state in pursuit of such aims is unsupported by international law, and would mark a regression beyond the outlawing of the use of war as an instrument of national policy that was secured generations ago in the Kellogg-Briand Pact of 1928.

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