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From '9-11' to the 'Iraq War 2003' : International Law in an Age of Complexity - Dominic McGoldrick

From '9-11' to the 'Iraq War 2003'

International Law in an Age of Complexity

Paperback

Published: 25th March 2004
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This book is a tale of two towers, two wars and two visions. The two towers are those of the World Trade Centre in New York, destroyed by a terrorist attack on 11 September 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why? Finally it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form?. Chapter one outlines how the relationship between war and the international legal order has evolved and introduces the idea of 'complexity theory' as a framework for understanding the events and issues considered in this book. Chapter two considers the pattern of events from the attacks on the US on 9-11 to the Iraq War 2003. Chapter three addresses the issues of law and morality involved in the War Against Terrorism and the War on Iraq. Chapter four focuses on the moral and legal debate around the War on Iraq and chapter five considers the systemic consequences for international law doctrine and practice, giving particular weight to US policy and approaches and how other states have responded to them. Chapter six appraises the post-war situation in Iraq in terms of political and economic organisation and human rights. It also assesses the consequences of the status of post-war Iraq for the wider region. Chapter seven concludes the book by examining the possible implications of the War Against Terrorism and the War on Iraq for world order in the twenty-first century.

McGoldrick writes with clarity and has made accessible...many of the difficult legal arguments in the area...[he] has a scholarly command of the doctrinal issues raised in the book...a valuable reference point for anyone interested in exploring international law and the two 'wars'. Madelaine Chiam The Modern Law Review July 2005 ...an accurate, well-written summary of the legal, political, and moral issues flowing from the wars on terrorism and Iraq...would make a useful reference in a public international law course. Kristy Pozniak Saskatchewan Law Review, Vol 68 2005 ...a book for everyone concerned with the influence of terrorism, the Bush administration, and the War in Iraq on international institutions and international law..Alongside the fine discussion of the legal and political issues at play, the author also attempts to introduce a theoretical framework that may have broad application in social science as well as law. Mark J. Harris, University of California, Berkeley The Law and Politics Book Review September 2004 For those that are already familiar with the legal issues involved in the military interventions in Afghanistan and Iraq, and the more broad 'war on terror', this text will add some interesting policy and theoretical perspectives. A good number of issues are raised that will trigger readers to give further thought to, and debate about, the role of international law and the UN in the maintenance of international order. Alex Conte, University of Canterbury New Zealand Law Journal April 2005

Acknowledgmentsp. vii
Introductionp. 1
War and the International Legal Orderp. 4
The Paradoxical International Legal Order of the Twentieth Centuryp. 4
The Roles of International Law and of International Lawyersp. 6
An Age of Complexity?p. 7
'9-11': A Turning or Tipping Point?p. 8
From '9-11' to the 'Iraq War 2003'p. 9
The Attacks on the United States on 11 September 2001p. 9
The Iraw War 2003p. 11
Shifting the Focusp. 11
The Debate in the United Kingdomp. 12
'New' Europe and 'Old' Europep. 13
Crisis in NATOp. 14
Worldwide Protestsp. 15
International Lawyersp. 16
Operation Iraqi Freedomp. 16
The Link Between '9-11' and the 'Iraq War 2003'p. 17
Making the Linkp. 17
The US Perspectivep. 18
The Legal Categorisation of the Attacks on the US on 11 September 2001p. 20
'9-11' as a Turning or Tipping Pointp. 20
'9-11' as a Turning Point for International Law?p. 22
International Law and the Wars on Terrorism and on Iraqp. 24
The 'War on Terrorism'p. 24
The Security Council's Counter-Terrorism Committeep. 25
Action by Regional Organisationsp. 26
International Instruments and Institutions on Terrorismp. 27
The Objectives of the War on Terrorismp. 28
Strategies in the War on Terrorismp. 29
The 'Axis of Evil'p. 30
The Applicability of International Humanitarian Law to the War on Terrorp. 32
Human Rights and Humanitarian Law in the War on Terrorismp. 33
Enemy Detaineesp. 33
The Establishment of Military Tribunalsp. 35
The Patriot Actp. 36
Extradition to Third Statesp. 37
Anti-Terrorist Laws in Other Statesp. 37
Monitoring of Human Rights in National Emergency Lawsp. 38
International Humanitarian Law and the War on Iraqp. 40
International Human Rights Law and the War on Iraqp. 42
Interpreting Human Rights Law in Conflict Situationsp. 45
International Law and the Iraq War 2003p. 47
The Debate on the Iraq Warp. 47
Law and Moralityp. 47
Moral and Political Argumentsp. 52
The Legal Arguments on the War on Iraqp. 52
Contextp. 52
Legal Basesp. 52
Legality Based on Security Council Resolutionsp. 53
Security Council Authorisationp. 53
The Combination of SC Resolutionsp. 55
Resolution 678p. 58
Resolution 1441p. 58
The 'Material Breach' Argumentp. 62
Automaticityp. 64
The 'Second Resolution'p. 65
An Appraisal of the Legality Argumentp. 66
Legality Based on Self-Defencep. 67
Self-Defence and the US's National Security Strategy: Pre-emptive Self-Defencep. 67
Critics of Pre-emptive Self-Defencep. 71
The UK and Pre-emptive Self-Defencep. 73
The Responses of Other States to the Idea of Pre-emptive Self-Defencep. 74
An Assessment of Pre-emptive Self-Defencep. 75
Legality Based on Humanitarian Interventionp. 77
The Legal Argument Against the War in Iraqp. 78
No Security Council Authorisationp. 78
Resolution 1441p. 79
The Absence of a Second Resolutionp. 81
Conclusionp. 85
The United States and the International Legal Systemp. 87
The Value of International Law and International Institutionsp. 87
State Responsibility and Rogue Statesp. 89
The Interpretation of International Law Rights: Pre-emptive Self-Defencep. 91
The Interpretation of Security Council Resolutionsp. 91
The Global Responsibilities of the United Statesp. 94
Multilateralism and Institutionalismp. 95
The Role of Evidence and of International Inspectorsp. 96
Public Discussionp. 96
The Evidence of the International Inspectorsp. 96
The Evidence of the UK and the USp. 97
The Evaluation of the Evidencep. 98
The Credibility of the UK Evidence: the 'Sexed Up' Dossier?p. 99
The Hutton Inquiryp. 105
The Credibility of the US Evidencep. 114
The Importance of Evidencep. 116
The International Role of the European Unionp. 116
Nation States and Foreign Policyp. 119
Conclusionp. 120
Winning the Peace: An Iraq For the Iraqisp. 122
The Responsibilities of the Victorsp. 122
'Regime Change'--A Post-Saddam Hussein Iraqp. 123
Security in Iraqp. 126
The Future of Iraqp. 128
The New Iraqp. 128
The Coalition as Occupying Powersp. 129
SC Resolutions on Post-War Iraqp. 130
The Role of the United Nationsp. 131
The Attack on the United Nationsp. 133
Political Organisation in Iraqp. 134
De-Baathificationp. 134
The Iraqi Governing Councilp. 135
The New Plan for Iraqp. 137
Economic Organisation in Iraqp. 138
The Economic Challengesp. 138
Humanitarian Reliefp. 139
Economic Reconstructionp. 141
International Economic Aidp. 143
Human Rights in Iraqp. 143
The United Nations and Human Rightsp. 143
The UN's Model of Human Rightsp. 144
Accountability for the Pastp. 146
Dealing With The Pastp. 146
The Iraqi Special Tribunalp. 146
The Capture of Saddam Husseinp. 148
Prosecutions versus Truth Commissionsp. 150
Weapons Inspectionsp. 152
Measuring Success in Post-War Iraqp. 153
Conclusionp. 153
World Order(s) for the Twenty-First Centuryp. 155
Introductionp. 155
Challenges to the Post-1945 Legal Orderp. 155
Complexity and World Orderp. 157
Terrorism and World Orderp. 158
The Clash of Civilisationsp. 160
Islamic Fundamentalismp. 160
The Iraq War as a Clash of Civilisations?p. 160
Terrorism versus Liberalismp. 161
Assessing Islamic Fundamentalismp. 161
The Refah Partisi Casep. 163
The Position under Turkish Lawp. 163
The Challenge under the European Convention on Human Rightsp. 164
Democracy, Religion and the European Convention on Human Rightsp. 165
A Plurality of Legal Systemsp. 166
The Sharia and Democracyp. 167
Religious States and Secular Statesp. 168
Change in the Middle Eastp. 168
After Iraq, Who is Next?p. 169
Post-'9-11' Developments in the Middle Eastp. 170
Democratisation in the Middle Eastp. 174
The Effects of the War on Terrorism and the War on Iraq on International Securityp. 176
The Effects of the War on Terrorism and the War on Iraq on International Legal Orderp. 178
What Future for the United Nations?p. 180
Did the War on Iraq Harm the War on Terrorism?p. 185
The Iraq War--The Judgments of Historyp. 191
A New American Empire?p. 192
Did '9-11' Change the World?p. 196
Not Another War--The 'War of Ideas'p. 196
The Day the World Shookp. 198
Documentsp. 201
President Bush's Address to the United Nations General Assembly in 2001, 10 November 2001p. 203
The United States President's State of the Union Address 2002, 29 January 2002p. 207
The National Security Strategy of the United States of America, 17 September 2002p. 213
Iraq's Weapons of Mass Destruction: The Assessment of the British Government, 24 September 2002p. 235
Table of Contents provided by Rittenhouse. All Rights Reserved.

ISBN: 9781841134963
ISBN-10: 1841134961
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 395
Published: 25th March 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.0
Weight (kg): 0.56
Edition Number: 1