International Law and the Classification of Conflicts by Elizabeth Wilmshurst

Author:Elizabeth Wilmshurst
Language: eng
Format: epub
Publisher: Oxford University Press
Published: 2011-12-31T16:00:00+00:00

2. Classification of the conflict

2.1. Phase I: international armed conflict

2.1.1 Views of the parties and others

Legal justifications offered by the various Coalition partners for launching their attack on Iraq varied somewhat.10 However, in essence they argued that the violations of the ceasefire terms memorialized in resolution 687 constituted a ‘material breach’ of the agreement. The UK pointed to resolution 1441, in which Iraq’s non-compliance with disarmament obligations under previous UN resolutions was characterized as a material breach of the conditions for ceasefire laid down in resolution 687. For the UK, military action was the only option for achieving compliance by Iraq. A variant of this argument adopted by the US centred on the classic law of ceasefire, by which a party to a ceasefire may recommence hostilities in the face of material breach by the other side.11 These positions proved controversial, with a number of States and commentators arguing that only the Security Council had the authority to mandate military action and that it had not made such a decision.12

Regardless of the legality of Operation Iraqi Freedom, there is no question that operations by the States comprising the Coalition against Iraq amounted to an international armed conflict. This appeared to be the view of all of the participants in the Coalition.13 The International Committee of the Red Cross reminded the parties of their obligations under the law applicable to international armed conflict, and no State suggested otherwise.14

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