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Article: The Iraq invasion as a recent United Kingdom 'contribution to international law'

TitleThe Iraq invasion as a recent United Kingdom 'contribution to international law'
Authors
Issue Date2005
PublisherOxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/
Citation
European Journal Of International Law, 2005, v. 16 n. 1, p. 143-151 How to Cite?
AbstractThe UK (as indeed the US) gave as its formal legal ground for the invasion of Iraq reliance upon interpretations of Security Council resolutions. In other words, there was no open admission by official legal advisers that the British invasion of Iraq created a new precedent for the development of international law, in particular a doctrine of pre-emptive attack. However, an understanding of state practice as a source of customary international law requires that one challenge the view that a state's contribution to practice must be taken to be its stated legal position. Instead, one has to engage in an in-depth study of the motivations of state officials that move the institutions of the state. These need to be pieced together from official deckrations and also from the work of known government advisers who are systematically developing policy with legal implications. Furthermore, one. needs to consider the practice of a state as embedded in institutional continuities, including especially institutional planning for the future. This can be gleaned from a variety of official documents, such as White Papers, which set out the purposes for which institutions of the state, especially the armed forces, are being shaped. On this basis it is clear that the UK has committed itself to set a precedent for pre-emptive attack through its invasion of Iraq. That is clear from the studies considered in this essay. © EJIL 2005; all rights reserved.
Persistent Identifierhttp://hdl.handle.net/10722/155973
ISSN
2015 Impact Factor: 0.913
2015 SCImago Journal Rankings: 0.722
ISI Accession Number ID

 

DC FieldValueLanguage
dc.contributor.authorCarty, Aen_US
dc.date.accessioned2012-08-08T08:39:18Z-
dc.date.available2012-08-08T08:39:18Z-
dc.date.issued2005en_US
dc.identifier.citationEuropean Journal Of International Law, 2005, v. 16 n. 1, p. 143-151en_US
dc.identifier.issn0938-5428en_US
dc.identifier.urihttp://hdl.handle.net/10722/155973-
dc.description.abstractThe UK (as indeed the US) gave as its formal legal ground for the invasion of Iraq reliance upon interpretations of Security Council resolutions. In other words, there was no open admission by official legal advisers that the British invasion of Iraq created a new precedent for the development of international law, in particular a doctrine of pre-emptive attack. However, an understanding of state practice as a source of customary international law requires that one challenge the view that a state's contribution to practice must be taken to be its stated legal position. Instead, one has to engage in an in-depth study of the motivations of state officials that move the institutions of the state. These need to be pieced together from official deckrations and also from the work of known government advisers who are systematically developing policy with legal implications. Furthermore, one. needs to consider the practice of a state as embedded in institutional continuities, including especially institutional planning for the future. This can be gleaned from a variety of official documents, such as White Papers, which set out the purposes for which institutions of the state, especially the armed forces, are being shaped. On this basis it is clear that the UK has committed itself to set a precedent for pre-emptive attack through its invasion of Iraq. That is clear from the studies considered in this essay. © EJIL 2005; all rights reserved.en_US
dc.languageengen_US
dc.publisherOxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/en_US
dc.relation.ispartofEuropean Journal of International Lawen_US
dc.titleThe Iraq invasion as a recent United Kingdom 'contribution to international law'en_US
dc.typeArticleen_US
dc.identifier.emailCarty, A:tcarty@hku.hken_US
dc.identifier.authorityCarty, A=rp01239en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1093/ejil/chi109en_US
dc.identifier.scopuseid_2-s2.0-24144497477en_US
dc.identifier.volume16en_US
dc.identifier.issue1en_US
dc.identifier.spage143en_US
dc.identifier.epage151en_US
dc.identifier.isiWOS:000232827700009-
dc.publisher.placeUnited Kingdomen_US
dc.identifier.scopusauthoridCarty, A=9133157700en_US
dc.identifier.citeulike121420-

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