Iran, Iraq and the Security Council: The impact of the Second Gulf War on the international law on the use of force.

摘要

This thesis examines the impact of the Iraq war on the law on the use of force and analyzes whether Iraq has paved the way for an intervention in Iran. In Part 1, I discuss the background to the situation in Iran, the war in Iraq and the role of the Security Council. In Part 2, I critique the legal justification of the Iraq war and assess whether it could be used against Iran. I conclude that the weaknesses of the argument preclude its application to Iran. In Part 3, I argue that the doctrine of preventive self defence initially used to justify the Iraq war has no basis in international law and cannot be used to justify military action against Iran. I also argue that the war has not changed the law on self defence. In Part 4, I discuss recommendations for reform of the Security Council system.