Iraq Inquiry Submission

A team of legal experts with logistical support from the Law Society prepared a submission on the legality of the invasion of Iraq in March 2003. The full submission is attached below.

The conclusion is:

In conclusion we do not believe there was an adequate legal case to support the 2003 military intervention in Iraq.

First, the proposition that UNSCR 1441 'revived' the authority to use force contained in UNSCR 678 is tenuous. The text of UNSCR 678 indicates that the authorisation to use force related to the enforcement of resolutions that the Council had already passed rather than providing an open-ended authority to use force in respect of any resolution enacted at a later date.

Second, UNSCR 1441 gave Iraq a “final opportunity” to comply with its disarmament obligations. Considering the process laid down in UNSCR 1441, and the statements made at the time of its adoption, it was for the Security Council to determine whether Iraq had in fact availed itself of that chance Member States were not authorised to make unilateral determinations.

Finally, even if the use of force was, to some extent, authorised by the Council, its scope was limited and did not extend to cover a prolonged military intervention or the removal of the Iraqi governing regime.

We also attach a submission to the Inquiry lodged by SIHRG co-founder and international human rights lawyer Melinda JANKI.

For an alternative take we attach an essay that seeks to grapple with the humanitarian justifications that were frequently voiced in support of the military intervention written by Lionel Blackman.