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International Law aspects

Thankfully, this proves a merely (as they say) 'academic' question, at
the moment, but you never know when it may come in handy.... 

Francis Boyle is incorrect when he states that the UK never signed 1907
Hague IV. Apart from drafting the convention, the UK signed on the date of
its promulgation (18/10/1907), and subsequently ratified on 27/11/1909.
But this debate is, at least as far as the UK goes, rather sterile. If I'm
not mistaken, Francis Boyle's comments are part of his campaign to indict
the US president (for his war crimes &c, re Sudan & Afghanistan), relying
on the particular significance of Hague IV in the US Constitution (Art
VI). As far as the UK goes, one could possibly argue that Hague IV has
been largely (if not entirely) superceded by the Geneva Conventions and
their 1977 Protocols, and - especially - the United Nations Charter (this
doesn't apply vis-a-vis the US, which repeatedly reaffirms its attachment
to 1907 Hague IV). There can be no doubt that under the UN Charter, an
attack on Iraq would be unlawful. Resorting to conventions from 1907 is
rather unnecessary when Art 2(4) of the UN Charter makes unlawful any
attack upon Iraq. No Security Council Resolution in the current crisis
gave powers to the UK / US to take 'all necessary measures' against Iraq
for failure to comply with UNSCOM (in fact, they reaffirm the territorial 
integrity of Iraq), hence the unwillingness of HMG ministers to engage in
any discussion about their right to bomb Iraq, and their spurious
reference to rumours of liposuction machines. 
Good wishes, Glen.

Glen Rangwala
The Graduate Attic
Faculty of Social and Political Sciences
Free School Lane
Tel: 44 (0)1223 334535
Fax (shared): 44 (0)1223 334550
Home tel: 44 (0)1223 462187

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