The United Nations Charter and military interventionism : the case of Iraq, 2003.
Phakathi, Mlungisi Surprise.
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The United Nations Charter clearly forbids the use of force by one state against the territorial integrity of another state. The only two exceptions are self-defense or actions authorized by the United Nations Security Council. The 2003 intervention of Iraq by Coalition forces testes the resolve of the Charter and the United Nations system as a whole. The need to assess the legality and the effect of the Coalition’s intervention became a matter of interest to international relations scholars. This study uses the Just War Theory to make this assessment, with particular emphasis on the somewhat neglected jus in bello and jus post bellum elements. This study argues that the intervention by Coalition forces did not meet the requirements of a justified intervention as set out in the Just War Theory. This study has also found that the main reason for unlawful interventions is the existence of the veto in the SC. To limit unsanctioned interventions the veto should be scraped and there should be an attitude change within the Security Council, they should not view the democratization of the SC as an enemy, they should view it as an opportunity to save the UN system.