Normative Conflict in Occupied Iraq: Reconciling Jus Cogens and Chapter VII Mandates of the Security Council in Territory Occupied Through the Unlawful Use of Force

Authors

Ben Clarke, University of Notre Dame AustraliaFollow

Publication Details

Clarke, B. (2006). Normative Conflict in Occupied Iraq: Reconciling Jus Cogens and Chapter VII Mandates of the Security Council in Territory Occupied Through the Unlawful Use of Force. International Conference on Security Democracy and Human Rights.

Abstract

This article focuses on a number of antimonies that arose during the occupation of Iraq. The genesis of these antimonies was three fold: the absence of a legal foundation for the use of force against Iraq, the unwillingness of pro-Ba'ath elements to surrender to Coalition forces even after the collapse of their government, and the hostility of Iraqis from across the religious and ideological spectrum to foreign occupation.

Keywords

Published in Full, International Law, self defence, self determination, the Security Council