International law and IR theories

1
The invasion of Iraq, 2003

• International law and IR theories

2
Topics for today

• Events of the day/week
• Legality of Iraq invasion, 2003
• Sovereignty vs. collective security
• After Iraq Is the United Nations/ international
  law relevant?
• An alternative to punishing states
• Individual responsibility for heinous crimes
• International Criminal Court

3
Secretary General

• Ban Ki-Moon, 64
• From South Korea
• Previously Minster of Foreign Affairs and Trade
• Last Asian SG U Thant, Burma, 1961-71

4
The invasion of Iraq, 2003

• Was the 2003 invasion of Iraq legal under
  international law?
• Answer NO
• Does it matter that the invasion was illegal
  under current international law?
• Realism No. Law follows power.
• Institutionalism Yes. It undermines democratic
  alliances and cooperation among sovereign states.
  
• Idealism/Identity Yes. It undermines the power
  of the United Nations.

5
The Case against Iraq

• Defiance of United Nations Security Council
  resolutions
• Gross and systematic human rights violations

6
Options for Military Action

• Compatible with International Law
• UN-approved economic and military sanctions
• UN-approved multilateral military action
• Deterrence and containment
• Bilateral and multilateral diplomacy

• Incompatible with International Law
• Unilateral military action
• Assassination
• Use of WMD
• Violence against Civilians

7
Iraq 2003

• Under international law, Iraq