Australian Lawyers for Human Rights
Australian Lawyers for Human Rights

25th May 2003

Iraq War Policy Statement


The impending war on Iraq is unlawful in international law.
  1. The United Nations Charter requires all members to refrain from the use of force against the territorial integrity or political independence of any state.
  2. The Security Council of the United Nations may authorise force only when there is a “threat to the peace, breach of the peace or act of aggression”.
  3. Security Council Resolution 1441 passed by the Security Council does not authorise the use of armed force. The Resolution re-established the inspection process and required the weapons inspectors to report to the Security Council.
  4. Resolution 1441 made clear that the Security Council must convene to consider any further action if Iraq was found to be in non-compliance.
  5. Security Council Resolution 678 was passed in 1990 specifically in response to Iraq’s invasion of Kuwait and only authorised military action in connection with that invasion. It has no relevance to the current situation.
  6. Security Council Resolution 687 was passed in 1991 and set out the terms of the ceasefire in Iraq. No provision of this Resolution links Iraq’s duty to destroy all weapons of mass destruction with an authorisation of the use of armed force against Iraq.
  7. The Security Council has not passed any resolution permitting the use of armed force against Iraq. The impending war against Iraq is therefore not lawful under Article 42 of the United Nations Charter.
  8. The United Nations Charter recognises a member’s right of self defence against armed attack.
  9. Iraq has not attacked any member of the “Coalition of the Willing”, nor is there any evidence of an imminent attack by Iraq.
  10. There are no grounds for the use of armed force under Article 51 of the United Nations Charter.

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This page last updated 4th May 2004