مشروعيت توسل به زور عليه عراق از ديدگاه قطعنامه هاي شوراي امنيت

Legimitacy of Resorting to Force against Iraq from UN Security council Resolutions Perspective

Despite popular and states oppositions all over the world, US and its allies forces finally started their invasion against Iraq on March 19th, 2003 (28th Esfand, 1381) and occupied this country, the action that provoked states to protest about international legal basis of such move. While the invading states justified their move as having such goals as self-defence, dismantling Iraqi weapons of mass destructions (disarming Iraq), establishment of democracy in Iraq, maintanance of international peace and security, and so forth, some worldʹs states described US invasion to Iraq as "dominance war" and many states in the world considered the move as blatent violations of international laws and regulations. In the present article, the legimitacy of invasion to Iraq by US and its allies from UN Security Council resolutions perspective has been studied. It should be noted that the invaders argued that according to Resolution No.687 (1991) the UN Security Council , in fact, had determined the conditions for the cease - fire and stopage of resorting to use of force authorized in No.678 (1990) UN Security Council resolution, dependson Iraq compliance with its commitments according to No. 687 UN Security Council resolution (including the commitments about disarmament). In other words, Since Iraq had violated substantially the nature of its commitments, the cease-fire established according to No. 687 UN Security Council resolution has been null and void and the right for resorting to force authorized in No. 678 resolution has been restored. In the present article it has been indicated that the acceptance of such view is inevitably equivalent to acceptance of an innovative perception of UN Security Council resolutions and forgetting the background for ratification of such resolutions. In other words, There is no legal basis for invading Iraq in the previous UN Security council resolutions.