THE LEGALITIES OF UNILATERAL MILITARY ACTION
The US believes that Iraq is in violation of its ceasefire agreements, and is now vulnerable to the same military attack authorised in 1990.
Internal US law
On 3 Feb 1998, when Clinton officials, preparing for what was to become Desert Fox, said the authority from military action was drawn from the joint resolution passed by Congress on the eve of the Gulf War. This resolution, named PL102-1, has no expiry date. It was argued that, as far as the Congress is concerned, this provides US administration with the authority to use force against Iraq.
United Nations law
The US also argues that any future attack on Iraq will be legal under international law, under the following UN Resolutions:
• Resolution 678 (29 Nov 1990) authorising military action after the invasion of Kuwait
• Resolution 687 (3 Apr 1991) making a ceasefire dependent on a number of conditions, including the dismantling of weapons of mass destruction.
The US’s interpretation is, however, opposed by every member of the UN Security Council with the exception of the UK. |
