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The Iraq War and International Law

The Iraq War and International Law

Author: Phil Shiner; Andrew Williams
Publisher: Hart Publishing
ISBN: 9781841136691
Published In: September 2008
Format: Hardback , 358 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

Andrew Williams is an Associate Professor in the School of Law at the University of Warwick, and author of 'EU Human Rights Policies: A Study in Irony' (2004 OUP) as well as a number of journal articles on human rights.
Phil Shiner is an Honorary Professor at the London Metropolitan University and a Visiting Fellow at the London School of Economics. He has also been active as a human rights practitioner litigating various cases in UK courts concerning the death and torture of Iraqi civilians in detention and the unlawful killings of civilians by forces exercising policing functions.

…adds exceptionally useful insights about the legal construct of this somewhat sprawling subject. Its authors are a veritable Who's who of experts in International Law, who represent a diverse array of represented countries…This work product is well-written, well-documented, and an excellent resource for authoritative assessments of the daunting issues that will surely extend into at least the next generation of International Law quagmires spawned by the Iraq War.
Amercian Society of International Law newsletter
issue 39, May 09

As an intellectual signpost this compilation is as stimulating for academics as it is for practitioners. The former will gain a horizon-widening experience through certain landscapes of contemporary ius belli, without the risk of losing themselves in the lofty regions of idealism…The latter may gain more understanding of certain thought-provoking opinions and conclusions, not only in the laws of armed conflict but also those of human rights…A detailed introduction, tables of litigation and cases and a thorough index, complete this interesting compilation.
Jan P. P. Ganschow
Journal of International Law of Peace and Armed Conflict
Volume 22, 2/2009