LEGALITY OF THE WAR AGAINST IRAQ: A PASSING FRENZY?
INTRODUCTION.
The question of the legality of the 2003 war against Iraq is a contentious matter amongst lawyers. It demonstrated the law’s ambiguity for both the anti-war and pro-war groups claimed that the law was on their side1. Seven (7) years after the war, the issues of jus in bello (actual conduct of armed conflict) and jus ad bellum (legality of the use of force) that took the legal world by storm have now taken a backseat. The worlds legal community is quiet.
Has the 2003 war against Iraq become a passing frenzy? This analysis will solely be on the legality of the use of force in International Law (jus ad bellum). It will not discuss the rules governing the actual conduct of armed conflict (jus in bello) neither will it discuss the moral issues of war