Legality of the Iraq War

A UN weapons inspector in Iraq

The legality of the Iraq War is a contested topic that spans both domestic and international law. Political leaders in the US and the UK who supported the invasion of Iraq have claimed that the war was legal.[1] However, legal experts and other world leaders have argued that the war lacked justification and violated the United Nations charter.

In the UK, John Chilcot, chairman of the Iraq Inquiry, concluded that the process of identifying the legal basis for the invasion of Iraq was unsatisfactory and that the actions of the US and the UK undermined the authority of the United Nations.[citation needed] John Prescott, Deputy Prime Minister to Tony Blair, has also argued that the invasion of Iraq lacked legality.[2] In a 2005 paper, Kramer and Michalowski argued that the war "violated the UN Charter and international humanitarian law".[3]

Russian President Vladimir Putin stated that the war was unjustified.[4] In a televised conference before a meeting with the US envoy to Iraq, Putin said that "The use of force abroad, according to existing international laws, can only be sanctioned by the United Nations. This is the international law. Everything that is done without the UN Security Council's sanction cannot be recognized as fair or justified."[5][4][6]

US and UK officials have argued that the invasion was already authorized under existing UN Security Council resolutions regarding the 1991 Gulf War, the subsequent ceasefire (660, 678), and later inspections of Iraqi weapons programs (1441).[7]

Critics of the invasion have challenged these assertions. They argued that an additional Security Council resolution, which the US and UK failed to obtain, would have been necessary to specifically authorize the invasion.[8][9][10] In September 2004, then-United Nations Secretary-General Kofi Annan stated, "I have indicated that it is not in accordance with the UN charter. From our point of view and the UN Charter point of view, it [the war] was illegal".[8][11]

The UN Security Council, as outlined in Article 39 of the UN Charter, has the ability to rule on the legality of the war. It has yet not been asked to do so by any UN member nation. Given that the United States and the United Kingdom have veto power in the Security Council, action by the Security Council is highly improbable even if the issue were to be raised. Despite this, the UN General Assembly (UNGA) may ask the International Court of Justice (ICJ)—"the principal judicial organ of the United Nations" (Article 92)—to give either an 'advisory opinion' or 'judgement' on the legality of the war.

## International law[edit]

### International Court of Justice[edit]

The International Court of Justice is the principal judicial organ of the United Nations.[12] The General Assembly or the Security Council may request that the International Court of Justice provide an advisory opinion on any legal question. Any organ or agency of the UN so authorized by the General Assembly may also request the ICJ for an advisory opinion.[13]

## Principal legal rationales[edit]

The United Nations Charter is the foundation of modern international law.[14] The US and its principal coalition allies in the 2003 invasion of Iraq have all ratified the charter and are thus legally bound by its terms. Article 2(4) of the UN Charter generally bans the use of force by states except when carefully circumscribed conditions are met, stating:

> All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.[15]

According to Louise Doswald-Beck, Secretary-General International Commission of Jurists, this rule was "enshrined in the United Nations Charter in 1945 for a good reason: to prevent states from using force as they felt so inclined."[16] Therefore, in the absence of an armed attack against the US or the coalition members, any legal use or threat of force against Iraq had to be supported by a UN Security Council resolution.[14]

However, under Article 51 of the UN Charter, the US and its coalition allies reserved the right to self-defense even without a UN mandate. The US cited the 1993 assassination attempt on former US President George H. W. Bush and the firing on coalition aircraft enforcing the 1991 Gulf War ceasefire no-fly zones over Northern and Southern Iraq. The US also cited Iraq's major offensive against the city of Irbil in Iraqi Kurdistan in violation of UNSC Resolution 688, prohibiting repression of Iraq's ethnic minorities. In retaliation, the US conducted the bombing of Iraq in June 1993 and again in 1996.

The US and UK governments, along with others, also stated that the invasion was entirely legal because it was already authorized by existing United Nations Security Council resolutions. They characterized the invasion as a resumption of previously temporarily suspended hostilities rather than a war of aggression, as the US and UK were acting as agents for Kuwait's defense in response to Iraq's 1990 invasion.[17][18][19] Some international legal experts, including the International Commission of Jurists, the U.S.-based National Lawyers' Guild,[20] a group of 31 Canadian law professors, and the U.S.-based Lawyers' Committee on Nuclear Policy, have found this legal rationale to be untenable and are of the view that the invasion was not supported by UN resolution and was therefore illegal.[21][22][23]

### UN resolutions[edit]

#### Resolution 1441[edit]

UNSC Resolution 1441 was passed unanimously on November 8, 2002, to give Iraq "a final opportunity to comply with its disarmament obligations" that had been set out in several previous resolutions (resolution 660, resolution 661, resolution 678, resolution 686, resolution 687, resolution 688, resolution 707, resolution 715, resolution 986, and resolution 1284). According to the US State Department, "The resolution strengthened the mandate of the UN Monitoring and Verification Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA), giving them authority to go anywhere, at any time and talk to anyone in order to verify Iraq's disarmament."[24]

The most important text of Resolution 1441 was to require that Iraq "shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect".[25] However, on January 27, 2003, Hans Blix, the lead member of the UNMOVIC, said that, "Iraq appears not to have come to a genuine acceptance, not even today, of the disarmament that was demanded of it". Blix noted that Iraq had failed to cooperate in a number of areas, including (1) the failure to provide safety to U-2 spy planes that inspectors hoped to use for aerial surveillance, (2) refusal to let UN inspectors into several chemical, biological, and missile sites on the belief that they were engaging in espionage rather than disarmament, (3) submitting a 12,000-page arms declaration in December 2002, which contained little more than old material previously submitted to inspectors, and (4) failure to produce convincing evidence to the UN inspectors that it had unilaterally destroyed its anthrax stockpiles as required by resolution 687 a decade before 1441 was passed in 2002.[26] On March 7, 2003, Blix said that Iraq had made significant progress toward resolving open issues of disarmament but the cooperation was still not "immediate" and "unconditional" as called for by UN Security Council Resolution 1441. He concluded that it would take "but months" to resolve the key remaining disarmament tasks.[27] The US government observed this as a breach of resolution 1441 because Iraq did not meet the requirement of "immediate" and "unconditional" compliance.[28]

On the day Resolution 1441 was passed, the US ambassador to the UN, John Negroponte, assured the Security Council that there were no "hidden triggers" with respect to the use of force and that, in the event of a "further breach" by Iraq, resolution 1441 would require that "the matter will return to the Council for discussions as required in paragraph 12." However, he then added: "If the Security Council fails to act decisively in the event of further Iraqi violations, this resolution does not constrain any Member State from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security."[29]

At the same meeting, UK Permanent Representative Sir Jeremy Greenstock KCMG used many of the same words and stated, "If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in Operational Paragraph 12."[30]

On March 17, 2003, the Attorney General for England and Wales, Lord Goldsmith, agreed that the use of force against Iraq was justified by resolution 1441 in combination with the earlier resolutions 678 and 687.[31]

According to an independent commission of inquiry set up by the government of the Netherlands, UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions."[32][33]

#### Resolutions related to First Persian Gulf War and also the 2003 invasion[edit]

As part of the 1991 Gulf War ceasefire agreement, the Iraqi government agreed to UN Security Council Resolution 687, which called for weapons inspectors to search locations in Iraq for chemical, biological, and nuclear weapons, as well as for weapons that exceeded an effective distance of 150 kilometers.[34] After the passing of resolution 687, thirteen additional resolutions (699, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284) were passed by the Security Council, reaffirming the continuation of inspections or citing Iraq's failure to comply fully with them.[35] On September 9, 1998, the Security Council passed Resolution 1194, which unanimously condemned Iraq's suspension of cooperation with UNSCOM. One month later, on October 31, Iraq officially declared that it would cease all forms of interaction with UNSCOM.[36]

Resolution 678 (1990) allows the use of any means necessary to enforce resolution 660 (1990) and subsequent relevant resolutions in order to force Iraq to stop certain activities that threaten international peace and security, such as making weapons of mass destruction and refusing or obstructing United Nations weapons inspections in violation of United Nations Security Council Resolution 68.

The commission of inquiry by the government of the Netherlands found that the UN resolution of the 1990s provided no authority for the invasion.[33]

### Criticisms[edit]

The legal right to determine how to enforce its own resolutions lies with the Security Council alone (UN Charter Articles 39–42)[37] and not with individual nations.[8][9][38] On November 8, 2002, immediately after the adoption of Security Council resolution 1441, Russia, the People's Republic of China, and France issued a joint statement declaring that Council Resolution 1441 did not authorize any "automaticity" in the use of force against Iraq and that a further Council resolution was needed if force were to be used.[39] Critics pointed out that statements from US officials leading up to the war indicated their belief that a new Security Council resolution was required to make an invasion legal. They also pointed out that the UN Security Council had not made such a determination despite serious debate over this issue. To secure Syria's vote in favor of Council Resolution 1441, Secretary of State Powell reportedly advised Syrian officials that "there is nothing in the resolution to allow it to be used as a pretext to launch a war on Iraq."[40]

The United States structured its reports to the United Nations Security Council around intelligence from the Central Intelligence Agency and Secret Intelligence Service (MI6) stating that Iraq possessed weapons of mass destruction. The US claimed that justification for the war rested upon Iraq's violation of several UN resolutions, with the most recent being UN Security Council Resolution 1441.[41]

#### Commission of Inquiry of the Dutch Government[edit]

According to a detailed legal investigation conducted by an independent commission of inquiry set up by the government of the Netherlands, the 2003 invasion violated international law. The investigation was headed by former Netherlands Supreme Court president Willibrord Davids and concluded that the notion of "regime change", as practiced by the powers that invaded Iraq, had "no basis in international law".[33][42] Also, the commission found that UN resolution 1441 "cannot reasonably be interpreted as authorizing individual member states to use military force to compel Iraq to comply with the Security Council's resolutions".[32][43] In a letter to the parliament, the Dutch cabinet admitted that MPs could have been better informed about the doubts and uncertainties of the Dutch intelligence services and about the United States' request for Dutch support.[44][45][46][47]

The Davids inquiry also investigated rumors but was unable to find any proof that the appointment of former Dutch foreign minister De Hoop Scheffer as NATO secretary general was the result of his support for the US-led invasion of Iraq. In February 2010, De Hoop Scheffer himself criticized the Davids Commission report. In an interview with newspaper de Volkskrant, he argued that the cabinet did fully inform parliament and that there had never been any doubts. He rejected the conclusion that it took less than 45 minutes to decide to give political support to the United States. He also contested the conclusion that Prime Minister Balkenende failed to provide adequate leadership. In addition, he argued that no United Nations mandate was needed for the invasion of Iraq and remarked that there was no UN mandate when the Netherlands supported the 1991 US operations in Iraq.[48][49][50]

#### Doubts in the British government[edit]

Jack Straw, then UK Foreign Secretary, sent a secret letter to Prime Minister Tony Blair in April 2002, warning Blair that the case for military action against Iraq was of "dubious legality". The letter goes on to state that "regime change per se is no justification for military action" and that "the weight of legal advice here is that a fresh [UN] mandate may well be required." Such a new UN mandate was never given. The letter also expresses doubts regarding the outcome of military action.[51]

In March 2003, Elizabeth Wilmshurst, then deputy legal adviser to the British Foreign Office, resigned in protest of Britain's decision to invade without Security Council authorization. Wilmshurst also insinuated that the English Attorney General Lord Goldsmith also believed the war was illegal but that he changed his opinion several weeks before the invasion.[52][53]

In March 2004, when a Royal Court trial raised the question of whether the invasion was legal, the under-secretary of state, Sir Michael Hastings, wrote to the court and warned, "it would be prejudicial to the national interest and to the conduct of the Government’s foreign policy if the English courts were to express opinions on questions of international law".

In 2010, then-deputy prime minister of a later government Nick Clegg, during prime minister's questions in Parliament, asserted that the Iraq war was illegal. Statements issued later suggested that this was a personal view and not a formal view of the coalition government.[54]

In 2016, the deputy prime minister at the time of the invasion, John Prescott, wrote: "In 2004, the UN Secretary-General Kofi Annan said that as regime change was the prime aim of the Iraq War, it was illegal. With great sadness and anger, I now believe him to be right."[55]

In 2017, the UK Chancellor of the Exchequer at the time of the invasion, Gordon Brown, in his memoir "My Life - Our Times" said that US president George W Bush duped Tony Blair into the 2003 Iraq War. Brown sensationally revealed that the US kept quiet about a top-secret report which showed there was no evidence Iraq had weapons of mass destruction. Brown added, “It is astonishing that none of us in the British government ever saw this American report." [56]

### War of aggression[edit]

The International Military Tribunal at Nuremberg held following World War II that the waging of a war of aggression is:

> essentially an evil thing...to initiate a war of aggression...is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.[57]

Benjamin B. Ferencz was a former law professor and one of the chief prosecutors for the United States at the military trials of German officials following World War II. In an interview given on August 25, 2006, Ferencz stated that in addition to Saddam Hussein, George W. Bush should be tried as well because the Iraq War was started by the U.S. without permission by the UN Security Council.[58] Benjamin B. Ferencz wrote the foreword for Michael Haas's book, George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes.[59] Ferencz elaborated as follows:

> a prima facie case can be made that the United States is guilty of the supreme crime against humanity, that being an illegal war of aggression against a sovereign nation.[60]

> ...

> The United Nations charter has a provision which was agreed to by the United States, formulated by the United States, in fact, after World War II. It says that from now on, no nation can use armed force without the permission of the U.N. Security Council. They can use force in connection with self-defense, but a country can't use force in anticipation of self-defense. Regarding Iraq, the last Security Council resolution essentially said, "Look, send the weapons inspectors out to Iraq, have them come back and tell us what they've found -- then we'll figure out what we're going to do." The U.S. was impatient, and decided to invade Iraq -- which was all pre-arranged of course. So, the United States went to war, in violation of the charter.[60]

Professor Ferencz quoted the resignation letter of British deputy legal adviser to the Foreign Ministry, Elizabeth Wilmshurst, who resigned suddenly before the Iraq war started:

> I regret that I cannot agree that it is lawful to use force against Iraq without a second Security Council resolution. [A]n unlawful use of force on such a scale amounts to the crime of aggression; nor can I agree with such action in circumstances that are so detrimental to the international order and the rule of law.[60]

According to the International Commission of Jurists (ICJ) in Geneva, the invasion of Iraq was neither in self-defense against armed attack nor sanctioned by a UN Security Council resolution authorizing the use of force and thus constituted the crime of war of aggression.[61] A "war waged without a clear mandate from the United Nations Security Council would constitute a flagrant violation of the prohibition of the use of force". We note with "deep dismay that a small number of states are poised to launch an outright illegal invasion of Iraq, which amounts to a war of aggression".[62][63]

Then Iraq Ambassador to the United Nations Mohammed Aldouri shared the view that the invasion was a violation of international law and constituted a war of aggression,[64] as did a number of American legal experts, including Marjorie Cohn, Professor at Thomas Jefferson School of Law and president of the National Lawyers Guild,[65] and former Attorney-General of the United States Ramsey Clark.[66]

## Domestic law[edit]

### United States[edit]

Further information: Iraq Resolution

President George Bush, surrounded by leaders of the House and Senate, announces the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq, October 2, 2002.

With the support of large bipartisan majorities, the U.S. Congress passed the Authorization for Use of Military Force Against Iraq Resolution of 2002. The resolution asserts the authorization by the Constitution of the United States and the United States Congress for the President to fight anti-United States terrorism. Citing the Iraq Liberation Act of 1998, the resolution reiterated that it should be the policy of the United States to remove the Saddam Hussein regime and promote a democratic replacement. The resolution "supported" and "encouraged" diplomatic efforts by President George W. Bush to "strictly enforce through the U.N. Security Council all relevant Security Council resolutions regarding Iraq" and "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq". The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant UN Security Council Resolutions regarding Iraq".

### United Kingdom[edit]

#### Opinion of the Attorney General for England and Wales[edit]

Before the invasion, the then Attorney General for England and Wales, Lord Goldsmith, advised that the war would be in breach of international law for six reasons, ranging from the lack of a second United Nations resolution to UN inspector Hans Blix's continuing search for weapons.[67] Ten days later, on March 7, 2003, as UK troops were massing in Kuwait, Lord Goldsmith changed his mind, saying:

> I remain of the opinion that the safest legal course would be to secure the adoption of a further resolution to authorise the use of force.... Nevertheless, having regard to the information on the negotiating history which I have been given and to the arguments of the US Administration which I heard in Washington, I accept that a reasonable case can be made that resolution 1441 is capable in principle of reviving the authorisation in 678 without a further resolution.[68]

He concluded his revised analysis by saying that "regime change cannot be the objective of military action."

#### Downing Street memo[edit]

Main article: Downing Street memo

On 1 May 2005, a related UK document known as the Downing Street memo was apparently leaked to The Sunday Times. The memo, which details the minutes of a 26 July 2002 meeting, recorded the head of the Secret Intelligence Service (MI6), after his recent visit to Washington, expressing his view that "Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy." It also quoted Foreign Secretary Jack Straw as saying that it was clear that Bush had "made up his mind" to take military action but that "the case was thin" and Attorney-General Goldsmith as warning that justifying the invasion on legal grounds would be difficult.

British officials did not dispute the document's authenticity but did dispute that it accurately stated the situation.

#### Cabinet meeting minutes[edit]

The minutes of the cabinet meetings where the legality of the Iraq war was discussed were subjected to a Freedom of Information request in 2007. The request was refused. On 19 February 2008, the Information Commissioner ordered the minutes to be disclosed in the public interest,[69] but the government appealed to the Information Tribunal. When the Tribunal upheld the order for disclosure in early 2009,[70] Jack Straw (then Justice Minister) issued the first ever ministerial veto (Section 53 of the Freedom of Information Act 2000) and prevented the release of the minutes.[71][72] On 6 July 2016, extracts from the minutes were disclosed by the Iraq Inquiry.[2][3]

### Germany[edit]

On June 21, 2005, in a minor criminal case, the German Federal Administrative Court decided not to convict a Major in the German Army of the crime of refusing duty that would advance the Iraq war. With regard to the Iraq War, the court found that that it had "grave concerns in terms of public international law."[73] However, the court also did not clearly state that the war and the contributions to it by the German Federal Government were outright illegal.[74]

Nikolaus Schultz wrote of this decision: "The Court did not express an opinion as to whether the war on Iraq constituted an act of aggression in the first part of its judgement when dealing with the exceptions to the obligation of a German member of the Federal Armed Forces to obey orders. At a later stage in the written reasons, however, it jumped to the conclusion that a state that resorts to military force without justification and, therefore, violates the prohibition of the use of force provided for by Art. 2.4 of the Charter, at the same time commits an act of military aggression. The (non-binding) Definition of Aggression of the GA attached to UN General Assembly Resolution 3314 is broad enough to support this conclusion. However, it has to be recalled that the State Parties to the Rome Statute of the International Criminal Court (ICC) could not agree on a definition of the crime of aggression."[75]

He summarized: "These findings were watered down to an extent by the Court when it used the cautious proviso that the actions of the states involved only gave rise to grave concerns before arguing the respective issues at stake. By doing that, the Court shifted the burden to the individual soldiers and their decision of conscience whether to obey an order rather than reaching the conclusion that participating in a war violating rules of international law, and even constituting an act of aggression, as the court held, would be illegal and, therefore, justify insubordination."[75]

### Netherlands[edit]

Following intelligence from the UK and US, the Dutch government supported the operation of the multinational force in 2003. In January 2010, the 10-month Davids Commission inquiry published its final report. The Commission had been tasked with investigating Dutch government decision-making on political support for the war in Iraq in 2003 .[76] The inquiry by the Dutch commission was the first ever independent legal assessment of the invasion decision. The Dutch commissioners included the former president of the Supreme Court, a former judge of the European Court of Justice, and two academic lawyers.

According to the report, the Dutch cabinet failed to fully inform the House of Representatives that the allies' military action against Iraq "had no sound mandate under international law" and that the United Kingdom was instrumental in influencing the Dutch decision to back the war.[77] It also emerged that the British government had refused to disclose a key document requested by the Dutch panel, a letter to Balkenende from Tony Blair, asking for the support. This letter was said to have been handed over in a "breach of diplomatic protocol" and therefore for Balkenende's eyes only.

In response, Balkenende stated that he had fully informed the House of Representatives about government support for the invasion and that Saddam Hussein's repeated refusal to respect UN resolutions and cooperate with UN weapons inspectors had justified the invasion.[78][79][80]

## See also[edit]

* Command responsibility
* Criticism of the Iraq War
* Human Rights Record of the United States
* Human rights in post-invasion Iraq
* International Criminal Court and the 2003 invasion of Iraq
* Iraq War misappropriations
* Laws of war
* Legitimacy of the 2003 invasion of Iraq
* List of United Nations Security Council resolutions concerning Iraq
* List of Iraq War resisters
* Opposition to the Iraq War
* Protests against the Iraq War
* Public relations preparations for 2003 invasion of Iraq
* Rationale for the Iraq War
* United Nations Security Council and the Iraq War
* United States and the International Criminal Court
* Views on the 2003 invasion of Iraq
* Hussein Kamel al-Majid
* Legality of the Russian invasion of Ukraine

## Notes[edit]

1. ^ Murphy, Sean (2004). "Assessing the Legality of Invading Iraq". George Washington Law School. Archived from the original on 14 November 2016.
2. ^ "Iraq War was illegal, says Blair's former deputy". Al-Arabiya. 9 July 2016. Archived from the original on 4 January 2022. Retrieved 17 November 2017.
3. ^ Kramer, Ronald C.; Michalowski, Raymond J. (1 July 2005). "War, Aggression and State Crime". The British Journal of Criminology. 45 (4): 446–469. doi:10.1093/bjc/azi032. ISSN 0007-0955.
4. ^ a b "Iraq war was unjustified, Putin says". ABC. 19 December 2003. Archived from the original on 27 October 2016. Retrieved 17 November 2017.
5. ^ "U.S. urges Putin to drop Iraq debt". CNN. 18 December 2003. Retrieved 17 November 2017.
6. ^ "11 Times Russian Leaders Condemned The Use Of Force Without U.N. Approval". Buzzfeed. March 2014. Archived from the original on 11 November 2020. Retrieved 17 November 2017.
7. ^ "We're sorry, that page can't be found" (PDF). fpc.State.gov. Retrieved 17 November 2017.
8. ^ a b c "Iraq war illegal, says Annan". BBC News. 16 September 2004. Retrieved 25 May 2006.
9. ^ a b O'Connell, Mary Ellen (21 November 2002). "UN Resolution 1441: Compelling Saddam, Restraining Bush". Jurist. Archived from the original on 16 May 2006. Retrieved 25 May 2006.
10. ^ Taylor, Rachel S. "International Law - War in Iraq - United Nations - Iraq". World Press Review Online. Retrieved 25 May 2006.
11. ^ Ewen MacAskill and Julian Borger in Washington (16 September 2004). "Iraq war was illegal and breached UN charter, says Annan". London: Guardian. Retrieved 19 April 2010.
12. ^ Charter of the United Nations, Chapter XIV, The International Court of Justice, Article 92, Archived 27 September 2017 at the Wayback Machine
13. ^ Charter of the United Nations, Chapter XIV, The International Court of Justice, Article 96, Archived 27 September 2017 at the Wayback Machine
14. ^ a b Howard Friel and Richard Falk, "The Record of the Paper: How the New York Times Misreports Foreign Policy," Chapter I, Without Law of Facts, The United States Invades Iraq," pages 15-17
15. ^ Article 2(4) of the UN Charter, http://www.yale.edu/lawweb/avalon/un/unchart.htm#art2 Archived 2016-04-21 at the Wayback Machine
16. ^ International Commission of Jurists, 18 March 2003, Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq Archived 2003-04-07 at the Wayback Machine
17. ^ "Online NewsHour: Text of Joint Congressional Resolution on Iraq - October 11, 2002". Pbs.org. Retrieved 19 April 2010.
18. ^ Saddam Hussein's Defiance of UNSCRs
19. ^ "UN Security Council resolution 1441" (PDF). UN.org. Retrieved 17 November 2017.
20. ^ National Lawyers' Guild, 2007 Amendments and Resolutions, "Resolution on Impeachment of Bush and Cheney," http://nlg.org/membership/resolutions/2007 Resolutions/Impeachment resolution.pdf Archived 2011-07-27 at the Wayback Machine
21. ^ "Links to Opinions of Legality of War Against Iraq". Robincmiller.com. Retrieved 19 April 2010.
22. ^ "Law Groups Say U.S. Invasion Illegal". Commondreams.org. 21 March 2003. Archived from the original on 15 February 2004. Retrieved 19 April 2010.
23. ^ "International Commission of Jurists". Icj.org. Archived from the original on 7 April 2003. Retrieved 19 April 2010.
24. ^ United States Department of State: Fact Sheet, February 25, 2003. Verified 11th Nov 2007.
25. ^ "Full text: UN security council resolution 1441 on Iraq". London: Guardian. 20 December 2002.
26. ^ "Key points of Hans Blix's statement". London: Guardian. 27 January 2003.
27. ^ "UNITED NATIONS WEAPONS INSPECTORS REPORT TO SECURITY COUNCIL ON PROGRESS IN DISARMAMENT OF IRAQ". Un.org. 7 March 2003. Retrieved 26 July 2023.
28. ^ Yoram Dinstein (12 December 2011). War, Aggression and Self-Defence. Cambridge University Press. p. 305.
29. ^ United Nations Security Council Verbatim Report 4644. S/PV/4644 page 3. Mr. Negroponte United States 8 November 2002 at 10:00. Retrieved 2007-09-13.
30. ^ Meeting of the UNSC Sir Jeremy Greenstock KCMG, UK Permanent Representative, 8 November 2002. "... will return to the Council for discussion as required ..." Verified 11th Nov 2007.
31. ^ "A case for war". London: Guardian Unlimited. 17 March 2003. Retrieved 12 January 2008.
32. ^ a b Al Jazeera, 12 Jan 2010, "Dutch Inquiry: Iraq Invasion was Illegal," http://english.aljazeera.net/news/europe/2010/01/2010112144254948980.html
33. ^ a b c "Iraq Invasion Violated International Law, Dutch Inquiry Finds: Investigation into the Netherlands' Support for 2003 War Finds Military Action was Not Justified under UN Resolutions". The Guardian. 12 January 2010.
34. ^ "Security Council Resolution 687". Un.org. Retrieved 19 April 2010.
35. ^ "Chronology of main events". Un.org. Retrieved 19 April 2010.
36. ^ [1] Archived March 7, 2008, at the Wayback Machine
37. ^ "Charter of the United Nations". Un.org. Archived from the original on 20 February 2009. Retrieved 19 April 2010.
38. ^ Taylor, Rachel S. "International Law - War in Iraq - United Nations - Iraq". World Press Review Online. Retrieved 25 May 2006.
39. ^ "Joint statement from the Popular Republic of China, the Federation of Russia, and France". UN.int. 8 November 2002. Retrieved 23 March 2008.
40. ^ Wintour, Patrick and Brian Whitaker. "UK expects Iraq to fail arms tests". The Guardian, November 11, 2002. Retrieved April 6, 2007.
41. ^ "U.S. Secretary of State Colin Powell Addresses the U.N. Security Council". The White House. 5 February 2003. Retrieved 12 January 2008.
42. ^ "Network Europe - Iraq war report critical of Dutch PM". Rnw.nl. 12 January 2010. Retrieved 19 April 2010.
43. ^ "Prime minister disagrees with Iraq report". Dutchnews.nl. 12 January 2010. Retrieved 19 April 2010.
44. ^ De Nonconformist (20 February 2010). "Dutch cabinet responds to Iraq war report". Rnw.nl. Retrieved 19 April 2010.
45. ^ "Cabinet admits Iraq war mistakes". Dutchnews.nl. 9 February 2010. Retrieved 19 April 2010.
46. ^ "Dutch cabinet admits errors of Iraq invasion"
47. ^ "Dutch cabinet admits errors of Iraq invasion". Expatica.com. Archived from the original on 4 May 2014. Retrieved 14 June 2021.
48. ^ "Former minister lashes out at Iraq inquiry". Expatica.com. Retrieved 19 April 2010.
49. ^ (in Dutch)"De Hoop Scheffer kraakt rapport-Davids"
50. ^ (in Dutch)"De Hoop Scheffer: vertraagd terugtrekken mogelijk"
51. ^ The Sunday Times (UK), 17 Jan, 2010, "Revealed: Jack Straw's Secret Warning to Tony Blair on Iraq," http://www.timesonline.co.uk/tol/news/politics/article6991087.ece
52. ^ Wilmshurst Resignation Letter. BBC.com, March 24, 2005. Retrieved on May 29, 2007.
53. ^ "Iraq Resolution 1441" (PDF). Number-10.gov.uk. 7 March 2003. Archived from the original (PDF) on 28 April 2005. Retrieved 26 May 2006.
54. ^ "Clegg clarifies stance after saying Iraq war 'illegal'". BBC News. 21 July 2010.
55. ^ Prescott, John (10 July 2016). "Guilt at the 'illegal' Iraq War will haunt Prescott for the rest of his life". Daily Mirror. Retrieved 15 July 2016.
56. ^ https://www.dailyrecord.co.uk/news/uk-world-news/us-lied-drag-britain-war-11469154
57. ^ Broomhall, Bruce (2003). International justice and the International Criminal Court (2 ed.). Oxford University Press. p. 46\. ISBN 978-0-19-925600-6.
58. ^ Glantz, A.: Bush and Saddam Should Both Stand Trial, Says Nuremberg Prosecutor, OneWorld U.S., August 25, 2006. Retrieved 2006-12-12.
59. ^ Haas, Michael (2008). George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. Greenwood Publishing Group. ISBN 978-0-313-36499-0.
60. ^ a b c AlterNet, 2006 July 10, "Could Bush Be Prosecuted for War Crimes? A Nuremberg Chief Prosecutor Says there is a Case for Trying Bush for the 'Supreme Crime Against Humanity, an Illegal War of Aggression Against a Sovereign Nation,'" http://www.alternet.org/world/38604/
61. ^ International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq" "International Commission of Jurists". Archived from the original on 7 April 2003. Retrieved 9 December 2015.
62. ^ World Socialist Website, 26 Mar. 2003, "International legal Experts Regard Iraq War as Illegal," http://www.wsws.org/articles/2003/mar2003/ilaw-m26.shtml
63. ^ International Commission of Jurists, 18 Mar. 2003, "Iraq - ICJ Deplores Moves Toward a War of Aggression on Iraq" "International Commission of Jurists". Archived from the original on 7 April 2003. Retrieved 9 December 2015.
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76. ^ "Dutch inquiry says Iraq war had no mandate". news.bbc.co.uk. 12 January 2010. Retrieved 7 June 2010.
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79. ^ Afua Hirsch, legal affairs correspondent (12 January 2010). "Iraq war was illegal, Dutch panel rules - Inquiry says conflict had no sound mandate in international law as it emerges UK denied key letter to seven-judge tribunal". London: Guardian. Retrieved 19 April 2010.
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* v
* t
* e

Iraq War (2003–2011)

Beginning of the Iraqi conflict

Prelude

| Background|

| Pre-1990|

* 17 July Revolution
* Iranian Revolution
* 1979 Ba'ath Party Purge
* Iran–Iraq War
* British / U.S. support for Iraq
* Chemical attacks against Iran
* Anfal campaign
* Iran–Contra affair

|

1990–2003|

* Gulf War
* Invasion of Kuwait
* Nayirah testimony
* Sanctions against Iraq
* No-fly zones
* 1991 uprisings
* UNSCOM
* Arms-to-Iraq affair
* Oil-for-Food Programme
* Investigations
* September 11 attacks
* Aftermath
* War on terror
* 2001 anthrax attacks
* U.S. War in Afghanistan
* Invasion

Rationale|

* WMD claims
* Yellowcake uranium
* Aluminum tubes
* Biological weapons
* Chemical weapons
* "Curveball"
* Mobile weapon labs
* Saddam–al-Qaeda conspiracy theory
* Anthrax claims
* Prague
* Ricin claims
* Oil as a possible rationale

Issues|

* American imperialism
* Bush Doctrine
* Wolfowitz Doctrine
* Colin Powell's UN presentation
* Disarmament crisis
* UNMOVIC
* Failed peace initiatives
* Iraq resolution / UK parliament's support for invasion
* Iraqi–Kurdish conflict
* Legality
* Legitimacy of the invasion
* Media coverage
* Military analyst program
* Rapid response operation
* Saddam's alleged shredder
* Preemptive war
* Saddam Hussein and human rights

Dossiers
and memos|

* Habbush letter
* Downing Street memo
* September Dossier
* Vilnius letter
* Letter of the eight
* Bush–Blair 2003 memo
* February Dossier
* Bush–Aznar memo

Overview

| Key events|

* Invasion (2003)
* Occupation (2003–2011)
* Insurgency
* 2003–06 period
* Anbar campaign
* Fallujah
* Capture of Saddam Hussein
* Interrogation
* Trial
* Execution / Reactions
* 2006 al-Askari mosque bombing
* Civil war (2006–08)
* 2007 U.S. troop surge
* timeline
* U.S. withdrawal
* Status of forces agreement

|

Invasion
(2003)|

* Timeline
* Preparations for invasion
* Multi-National Force
* Battle of Nasiriyah
* Fall of Baghdad
* Battle of Debecka Pass
* Firdos Square statue
* Mission Accomplished speech
* US public opinion

Occupation
(2003–2011)|

* Occupation of Ramadi
* De-Ba'athification
* 100 Orders
* CPA Order 2
* CPA Order 17
* U.S. military bases
* Blackwater
* Reconstruction
* Development Fund
* Economic reform
* UNAMI
* Al Qa'qaa high explosives
* U.S. kill or capture strategy

| Replacement
governments|

* Coalition Provisional Authority
* Iraqi Governing Council
* Interim Government
* 2005 parliamentary elections
* Transitional Government
* Constitution
* Ratification

|

Participants

| Countries|

* Australia
* Ba'athist Iraq
* Denmark
* Georgia
* Iran
* Italy
* Japan
* Poland
* South Korea
* Thailand
* Ukraine
* United Kingdom
* United States

|

Insurgent
groups|

| Sunni
groups|

* Islamic Army in Iraq
* 1920 Revolution Brigades
* Jaish al-Rashideen
* Islamic Front for the Iraqi Resistance
* Hamas of Iraq
* Jeish Muhammad
* Mujahideen Shura Council
* Islamic State of Iraq
* Al-Qaeda in Iraq
* Jaish al-Ta'ifa al-Mansurah
* Jama'at al-Tawhid wal-Jihad
* Jamaat Ansar al-Sunna
* Ansar al-Islam in Kurdistan
* Black Banner Organization
* Wakefulness and Holy War
* Abu Theeb's group
* Abu Bakr Al-Salafi Army
* Mujahideen Army

|

Shia
groups|

* Mahdi Army
* Abu Deraa's militia
* Badr Organization
* Islamic Supreme Council of Iraq
* Sheibani Network
* Soldiers of Heaven
* Asa'ib Ahl al-Haq
* Promised Day Brigade
* Kata'ib Hezbollah

Ba'ath
loyalists|

* Fedayeen Saddam
* Al-Awda
* Popular Army
* Al-Abud Network
* Army of the Men of the Naqshbandi Order
* Supreme Command for Jihad and Liberation

Battles and operations

| Operations|

| 2003|

* Ancient Babylon
* Bayonet Lightning
* Bulldog Mammoth
* Catalyst
* Desert Scorpion
* Desert Thrust
* Falconer
* Iron Hammer
* Iron Justice
* Ivy Blizzard
* Northern Delay
* Airborne Dragon
* Panther Squeeze
* Peninsula Strike
* Planet X
* Capture of Saddam Hussein (Red Dawn)
* Telic

|

2004|

* Baton Rouge
* Bulldog Mammoth
* Iron Saber
* New Dawn (Al Fajr)
* Phantom Fury
* Phantom Linebacker
* Plymouth Rock
* Vigilant Resolve
* Warrior's Rage

2005|

* Able Rising Force
* Able Warrior
* Badlands
* Cyclone
* Dagger
* Iron Hammer
* Matador
* New Market
* Spear (Romhe)
* Squeeze Play
* Steel Curtain

2006|

* Al Majid
* Gaugamela
* Guardian Tiger
* Iron Triangle
* River Falcon
* Scorpion
* Sinbad
* Swarmer
* Together Forward

2007|

* Alljah
* Arbead II
* Ardennes
* Black Eagle
* Commando Eagle
* Forsythe Park
* Imposing Law
* Leyte Gulf
* Marne Avalanche
* Marne Torch
* Mawtini
* Phantom Strike
* Phantom Thunder
* Polar Tempest
* Purple Haze
* Saber Guardian
* Sledgehammer
* Stampede 3
* Tiger Hammer
* Valiant Guardian (Harris Ba'sil)

2008|

* Defeat Al Qaeda in the North
* Augurs of Prosperity
* Phantom Phoenix

2009–2011|

* New Dawn

Battles|

| 2003|

| Invasion|

* Umm Qasr
* Al Faw
* Basra I
* Nasiriyah
* Karbala I
* Haditha Dam
* Najaf I
* Samawah I
* Karbala II
* Al Kut
* Hillah
* Karbala Gap
* Debecka Pass
* Baghdad I

|

* Majar al-Kabir
* Ramadan Offensive

2004|

* Spring fighting
* Karbala City Hall
* Fallujah I
* Siege of Sadr City
* Ramadi I
* Good Friday ambush
* Baghdad International Airport
* Husaybah
* Danny Boy
* Najaf II
* CIMIC House
* Samarra
* Fallujah II
* Mosul

2005|

* Lake Tharthar
* Abu Ghraib
* Al-Qa'im
* Hit convoy
* Haditha
* Tal Afar

2006|

* Baghdad II
* Ramadi II
* Diwaniya
* Al Rumaythah
* Amarah
* Turki

2007|

* Haifa Street
* Karbala provincial HQ
* Najaf III
* Shurta Nasir
* Basra II
* Baqubah
* Route Bismarck
* Donkey Island
* Karbala III

2008|

* Spring fighting
* Iraqi Day of Ashura
* Nineveh
* Basra III
* Al-Qaeda offensive

2009–2011|

* Palm Grove (2010)

Related events|

* Turkish incursions into northern Iraq
* 2007
* 2008
* Abu Kamal raid

War crimes

| Occupation forces|

| Killings and
massacres|

* During the 2003 invasion
* U.S. killings of journalists
* Fallujah killings
* Killing of Nadhem Abdullah (2003)
* Murder of Muhamad Husain Kadir
* Mukaradeeb wedding party massacre (2004)
* Haifa Street helicopter incident (2005)
* Tal Afar shootings (2005)
* Basra prison incident (2005)
* Haditha massacre (2005)
* Mahmudiyah rape and killings (2006)
* Ishaqi massacre (2006)
* Baghdad detainee killings (2006)
* Hamdania incident (2006)
* Iraqi bodyguard killing (2006)
* Iron Triangle Murders (2006)
* Baghdad airstrike (2007)
* Nisour Square massacre (2007)
* Iraq War Logs (2010)

|

Chemical
weapons|

* Use of white phosphorus by the United States (2004–05)

Torture
and abuse|

* Abu Ghraib prison (2003–06)
* Camp Bucca (2003–09)
* Camp Nama (2003–04)
* Balad Air Base (2003–2011)
* Death of Nagem Hatab (2003)
* Killing of Baha Mousa (2003)
* Death of Abed Hamed Mowhoush (2003)
* Killing of Manadel al-Jamadi (2003)
* Death of Fashad Mohamed (2004)

§ Other killings
and bombings|

| 2003|

* Jordanian embassy
* Canal Hotel
* Imam Ali mosque bombing
* Baghdad October 2003

|

2004|

* Erbil 2004
* Ashura massacre
* Basra 2004
* Mosul 2004
* 2004 church bombings
* Baghdad bombings
* 14 September
* 30 September
* Karbala and Najaf bombings
* Baqubah 2004
* Kufa mosque bombing

2005|

* Al Hillah 2005
* Erbil 2005
* Musayyib bombing
* Baghdad bombings
* August
* September
* Balad 2005
* Khanaqin bombings

2006|

* Karbala and Ramadi
* Al-Askari mosque 2006
* Buratha mosque bombing
* Sadr City bombings
* July
* November
* Hayy Al-Jihad massacre

2007|

* Mustansiriya University
* Baghdad bombings
* 22 January
* 3 February
* 12 February
* 18 February
* 29 March
* 18 April
* 26 July
* 1 August
* Al Hillah 2007
* Tal Afar 2007
* Iraqi Parliament
* 2007 Karbala mosque bombings
* Massacres of Yazidis
* April massacre
* Qahtaniyah bombings
* Makhmour
* Abu Sayda
* Al-Askari mosque 2007
* Al-Khilani mosque bombing
* Amirli bombing
* Kirkuk 2007
* Al Amarah bombings

2008|

* Bagdad bombings
* February
* March
* June
* Balad 2008
* Karbala 2008
* Al-Karmah
* Dujail bombing
* Balad Ruz bombing
* Attacks on Christians in Mosul

2009|

* Bagdad bombings
* March
* 6 April
* June
* August
* October
* December
* Baghdad–Miqdadiyah
* Taza bombing
* Kirkuk 2009
* Tal Afar 2009

2010|

* Nationwide attacks
* 10 May
* 25 August
* Bagdad bombings
* January
* February
* April
* August
* September
* November
* Baqubah 2010
* Baghdad church massacre

2011|

* Nationwide attacks
* January
* August
* Bagdad bombings
* January
* August
* October
* Arba'een bombings
* Tikrit assault
* Al Hillah 2011
* Samarra bombing
* Al Diwaniyah bombing
* Taji bombings
* Karbala 2011
* Basra 2011

Other war crimes|

* Raid on Camp Ashraf (2011)
* Archaeological looting
* Chlorine bombings
* Torture by the Wolf Brigade (2004–2011)

Prosecution|

* United States and the International Criminal Court
* Hague Invasion Act
* Prosecution for the 2003 invasion
* Abtan v. Blackwater
* Hamdan v. Rumsfeld
* Saleh v. Bush
* Taguba Report

§ All attacks listed in this group were either committed by insurgents, or have unknown perpetrators

Impact

| General|

* Casualties
* Iraq Body Count
* Iraq Family Health Survey
* Lancet surveys
* ORB survey
* Damage to Baghdad
* Al-Aimmah Bridge disaster
* Human rights
* Humanitarian crisis
* 2007 cholera outbreak
* Financial cost
* Refugees
* Iraqi Christians
* Mandaeans
* Violence against Iraqi academics

|

Political
controversies|

* Post-invasion WMD conjecture
* Iraq scandal in Finland
* Dixie Chicks comments
* Plame affair
* Hood event
* Death of David Kelly
* Hutton Inquiry
* Kidnapping of Angelo dela Cruz
* 2004 document leak
* Al Jazeera bombing memo
* Scott Thomas Beauchamp controversy
* MoveOn.org ad controversy
* Six Days in Fallujah
* Role of Canada
* War resisters

| Investigations|

* Senate Report on WMD Intelligence
* Duelfer Report
* Chilcot Inquiry

|

Reactions|

| Pre-war|

* Pre-war international reactions
* Khuy Voyne!
* Saddam Hussein interview

|

* Views on the invasion
* U.S. public opinion
* Opposition
* Criticism
* United Nations
* Oprah's Anti-war series
* Iraqi map pendant
* Winter Soldier: Iraq & Afghanistan
* Photo Op
* A Responsible Plan to End the War in Iraq
* Bush shoeing incident

Protests|

* Halloween 2002
* February 15, 2003
* March 20, 2003
* Bring Them Home Now Tour
* January 20, 2005
* September 24, 2005
* January 27, 2007
* March 17, 2007
* 2007 Port of Tacoma
* September 15, 2007
* March 19, 2008

Aftermath in Iraq|

* The rise of ISIL
* Insurgency (2011–13)
* War in Iraq (2013–17)
* War against ISIL (2014–present)
* U.S.-led intervention in Iraq (2014–2021)
* Insurgency (2017–present)

Miscellaneous

| Terminology|

* Axis of evil
* Outposts of tyranny
* "Baghdad Bob"
* "Chemical Ali"
* Coalition of the willing
* Dead checking
* Embedded journalism
* Freedom fries
* Friedman Unit
* "Mother of All Bombs"
* "Mrs. Anthrax"
* Old Europe and New Europe
* Regime change
* Shock and awe
* "Sixteen Words"
* "Smoking gun / mushroom cloud"
* Star Spangled Ice Cream
* Strategic reset
* "There are unknown unknowns"
* Triangle of Death
* "Yo, Blair"

| Critical|

* Global arrogance
* Inverted totalitarianism
* "The wrong war, at the wrong place, at the wrong time"

|

Memorials|

* Afghan–Iraqi Freedom Memorial (Salem, Oregon)
* Al-Shaheed Monument
* Iraq and Afghanistan Memorial (London)
* Northwood Gratitude and Honor Memorial
* Old North Memorial Garden
* Saving Iraqi Culture

Lists|

* Assassinations
* Aviation shootdowns and accidents
* Bombings
* Coalition military operations
* Documentaries
* Iraqi security forces fatality reports
* Most-wanted Iraqi playing cards
* Private contractor deaths

Timeline|

* 2003
* 2004
* 2005
* 2006
* 2007
* 2008
* 2009
* 2010
* 2011

Related

* Anti-Ballistic Missile Treaty
* Chelsea Manning
* CIA black sites
* Efforts to impeach George W. Bush
* "Enhanced interrogation techniques"
* Torture in the United States
* Extraordinary rendition
* Green Zone
* Guantanamo Bay detention camp
* Gulf of Tonkin incident
* Resolution
* Military–industrial complex
* Neoconservatism
* Patriot Act
* Petrodollar warfare theory
* Post-9/11
* Special Relationship
* The Iraq War: A Historiography of Wikipedia Changelogs
* Unilateralism
* Unitary executive theory
* U.S. foreign policy in the Middle East
* WikiLeaks
* Ba'ath Party archives

Outline / Category / Wikinews / Multimedia
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