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The Iraq War and International Law

Edited by: Phil Shiner, Andrew Williams

ISBN13: 9781841136691
Published: September 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £40.00

Despatched in 5 to 7 days.

The decision by the US and UK governments to use military force against Iraq in 2003, and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law.

The decision to invade, the conduct of the war and occupation, and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads.

  • When can the use of force be justified?
  • What are the limits of military operations?
  • What strength does international criminal law possess in the face of such interventions?
  • How effective is the international regime of human rights in these circumstances?
  • How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st Century and an issue of considerable political and legal concern.
This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. It adopts both practical and academic perspectives in order to scrutinize key questions and consider the possible trajectories that international law might now follow

Public International Law
1. The Iraq War and International Law: By Way of an Introduction
Andrew Williams
2. The Iraq War, International Law and the Search for Legal Accountability
Phil Shiner
3. The Challenges of Counter-proliferation: Law and Policy of the Iraq Intervention
Daniel H Joyner
4. The Iraq War: Issues of International Humanitarian Law and International Criminal Law
Nicholas Grief
5. International Criminal Law and Iraq
Andrew Williams
6. Complicity before the International Criminal Tribunals and Jurisdiction over Iraq
William A Schabas
7. The Continuing Occupation? Issues of Joint and Several Liability and Effective Control
Christine Chinkin
8. A Plurality of Responsible Actors: International Responsibility for Acts of the Coalition Provisional Authority in Iraq
Stefan Talmon
9. Justiciability in the Areas of Foreign Relations and Defence
Rabinder Singh
10. Responsibility for Troops Abroad: UN-Mandated Forces and Issues of Human Rights Accountability
Keir Starmer
11. How will the European Court of Human Rights deal with the UK in Iraq? Lessons from Turkey and Russia
Bill Bowring
12. The Future for International Law after Iraq
Sir Nigel Rodley
13. Between Hope and Despair: The Iraq War and International Law Futures?
Jayan Nayar