Paper Summary:

This work assesses whether the use of force is legitimised by UN Security Council approval, and alternatively, when such approval is not given, whether the use of force is delegitimized. The paper utilises the 2003 invasion of Iraq as its essential case study. The paper attempts to show that Security Council endorsement neither justifies nor delegitimizes the use of force in totality, although in terms of international law such is verification is provided for.

From the Paper:

"The first issue of concern is the right of every country to engage in self defence. Such right is clearly and overtly outlined in international law through Article 51 of the United Nations Charter, which asserts that "Nothing in the present Charter shall impair the inherent right of individual and collective self-defence if an armed attack occurs against a Member of the United Nations". In relation to Iraq, some right wing commentators argued that as Sadam Hussein's regime supported terrorism, then military action against the country could be undertaken through the auspices of self defence. Indeed, such processes did provide legitimacy to the US led invasion of Afghanistan. Now naturally, very few agreed with the assessment that Iraq was complicit with the terrorist attacks of September 11th 2001. But the principle of self defence with regards to Iraq could at least in some measure be proposed. Thus, in the case of self defence, there is a clear possibility that prescribes for the use of force in total absence of direct Security Council approval. "

Sample of Sources Used:

• Baylis, John and Smith, Steve. The Globalisation of World Politics: an introduction to international relations. Oxford: Oxford University Press, 2001.
• Blokker, Niels; Schrjver, Nico and Instituut, E.M. The Security Council and the use of force: theory and reality - a need for change? New York: Martinus Nijhoff Publishers, 2005.
• Blokker, Niels. 'Is the authorisation authorised? Powers and practice of the UN Security Council to authorise the use of force by 'coalitions of the able and willing' European Journal of International Law, 11 (3), pp. 541-568, 2000.
• Browne, Marjorie Ann. 'CRC Report for Congress: The United Nations Security Council, its role in the Iraq crisis, a brief overview' The Library of Congress [online], date accessed 22/03/2010, available at; http://www.fas.org/man/crs/RS21323.pdf.
• Chapman, Terrance and Reiter, Dan. 'The United Nations Security Council and the Rally 'Round the Flag' Effect' Journal of Conflict Resolution, 48 (6), pp. 886-909, 2004.

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