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The Legality of Military Action Against Iraq

Memorandum on the Question Whether Existing Security Council Resolutions Are Sufficient to Authorize the US to Take Military Action Against Iraq

by Douglas Scott

24 March 1998

Table of Contents

1. The Current Situation
2. The Need for Valid Authorization From the Security Council
3. The Existing Resolutions
4. Arguments Favouring the US Position
5. Did the Authority Under Paragraph 2 of The November Resolution (678) Terminate With the Cease-fire?
6. The Effect of Iraq's Breach of Its Inspection Obligations
7. The Scope of Paragraph 2 of the November Resolution (678)
8. Four Additional Arguments for the US Position
9. Summary of Main Conclusions
10. If Not Military Measures, What Then

Appendices