The implication of Iraqi invasion of Kuwait : a legal study within the framework of the UN charter

Abstract EN

The collective action taken under the aegis of the UN in 1991 has been hailed as a vindication of international Law and of the principle of collective security.

It has also been seen as another example of the dominant role of power and national self-interest in international relations.

Nevertheless the promise of a new world order based upon the rule of law still seems far from fulfillment, but there is renewed hope that the UN Charter will be taken seriously as an instrument of collective responsibility.

The response of states to the Iraqi invasion of Kuwait raised this hope.

It was evident that the States acting through UN processes were mindful of the UN Charter and related general principles of law.

Indeed, the consensus required for the Security Council decisions and common action could not have been achieved unless they have been seen as legitimate measures under the basic principle of international law.

Nonetheless, national interests and power are the important determinants of states’ action, especially, in time of crisis.

This study focuses mainly on the UN Charter provisions involved expressly or implicitly in the Security Council decisions.

My comments are designed expressly to throw some light on the implications of those decisions for future action.

Truly, one should not expect an event as extraordinary as the Gulf Conflict to be repeated in the future.

The Gulf Conflict has also increased an awareness of the economic and social deficiencies that contribute to internal tensions and to interstate conflicts.

Economic development and enhanced employment opportunities are now seen as linked to the maintenance of peace.

Observance of the internationally recognized human rights and of democratic processes is also given more prominence on the agenda for creating a more stable international order.

It remains to be seen how seriously those goals will be taken by states and to what degree a collective responsibility to maintain peace will be given practical effect.

The Gulf Conflict, in some respects a great calamity, did demonstrate that many countries recognize a common responsibility to combat aggression, although they remain somewhat ambivalent about meeting the costs in lives and material resources.

It may well be utopian to expect that wars will be prevented by a common obligation to protect each and all, but it is surely realistic for states to press for the goal of security through preventive measures and the commitment to uphold and, if necessary, to enforce the basic law of the UN Charter.