Studies Of The International Problems Involved In The War On Iraq

In March of 2003, the USA launched the war on Iraq against the strong opposition of most nations in the world, and soon overthrew the regime of Sadam. Although we still can hear the gun sound of the conflicts between the Iraq anti-USA armed forces and the USA-Uk alliance stationed in Iraq, the smoke of gunpowder has cleared off .Now the USA has transferred its attention to North Korea and Iran, and Iraq temporary government is concentrating on its postwar reconstruction together with the international society. Nevertheless what the Iraq war has brought to the Iraq people is the great sorrow of the war, and what the Iraq war has brought to us is the thoughts about the validity of the war and the numerous problems of the international law involved in the Iraq war.This thesis expatiates on such basic principles of the international law involved in the Iraq war as the national sovereignty principles, the basic principles of international military conflicts law, the national self-defense principles, and the UN collective security principles. The whole thesis consists of five parts.The first part introduces the relation between the USA and Iraq, its evolvements and the course of the USA chariot driving to Iraq; analyses the fuse of the Iraq war and the immediate causes; analyses the essential and ultimate intentions of the USA from such four aspects as security interests, politics interests, economy interests and strategic interests.The second part expatiates on the correlative problems about the Iraq war and the national sovereignty principle; dissertates the basic theories about the national sovereignty principle and the present regulations on the national sovereignty principleof the international treaties and international conventions; expatiates on the principles and the regulations on international human rights of international human rights law and the relationship between the national sovereignty and human rights; animadverts on the arguments of "Human rights is above national sovereignty ." and "There is no national boundaries on human rights. " and the "New Interventionism" that is based on these theories ; refutes the so called two excuses in which the USA launched the Iraq war with facts and theories of international law — "Iraq holds WMD ." and "preventing humanitarianism tragedy and liberating the Iraq people " ; argues that the two excuses are only the camouflages of the USA's intervening the interior affairs of other nations and the pretexts of the USA's trampling national sovereignty with Caesarean supremacy.The third part expatiates on the correlative problems about the Iraq war and the national self-defense rights of the international law; introduces the establishment of the principles of resolving international an apple of discord peaceably and the principle of forbidding using forces; expatiates on the basic theories about the national self-defense rights principle which is the exception of the two principles mentioned above and the correlative regulations on the national self-defense rights of the United Nations Charter ; concretely discourses upon the conditions, manners and limits etc ;analyses the illegality of the USA's so called "getting the drop on somebody" and the "precautionary self-defense" in the international law ; dissertates that the tactic of "getting the drop on somebody" is the distortion and the trample to the principle of the national self-defense rights of the international law ; expatiates on the new international problems about the principle of the national self-defense rights of the international law that international terrorism has brought about.The fourth part expatiates on the correlative problems about the Iraq war and the international military conflicts law ;introduces the basic regulations on the martial behaviors in the international military conflicts and the limits on illegal means and methods ; enumerates series of illegal martial behaviors and facts of the USA in the Iraq war that the USA used those weapons which the international law forbids using in wars such as "lean uranium bombs", "cluster bombs" and " the mother of bombs " ,and that the USA army killed the innocent Iraq people , and that the USA maltreated the Iraq prisoners of war Renounces the dual criterions that the USA holds on the human rights problems and the insincerity of human rights of the USA.The last part expatiates on the correlative problems about the Iraq war and the collective security principle of the United Nations; discourses upon the basic contents of the collective security principle of the United Nations, the evolvement of the collective security mechanism of the United Nations after the World War Two and the function in the aspect of maintaining the world peace and order; denounces that the USA disregards the international law and puts aside the Security Council of the United Nations , and that the USA unilaterally launched the war on Iraq . This kind of behavior has breached the collective security mechanism and principle of the United Nations, has challenged the present international order and has embodied the unilateralism and power politics of the USA.