Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-2 | Issue-11 | 1111-1125
Review Article
Regulating the Military Action in International Law: A Diplomatic Solution Approach - The Iraqi War
Shadi A. Alshdaifat SJD
Published : Nov. 30, 2017
Abstract
Debates about the role and relevance of international law in
contemporary world have acquired new intensity in light of the U.S. coalition's
decision to invade Iraq in March 2003 without a clear legal basis or even
exhausting a diplomatic solution. Some have interpreted the lack of compliance in
this case as proof of irrelevance of the U.N. Charter use of force paradigm.
Motivated by certain debates, this paper takes a deeper look at how international
law regulates the military action on the use of force operates in the broader context
of international politics and in what ways it may affect political processes and
outcomes in this highly sensitive area. Integrating and building on different
perspectives, the first part of the paper explores the effect of using military action
on Iraq. The second part then examines the role of international relations in the
processes of shaping, justifying and evaluating the diplomatic solutions before
using military actions. Eventually, this paper confirms that international law on
regulating military action plays a significant role in contemporary international
relations.