[20030411]RS21314_国际法与对伊拉克先发制人使用武力.pdf

1 Hyde, Charles Cheney, International Law Chiefly As Interpreted and Applied by the UnitedStates, Vol. 3 (1945), at 1686.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21314Updated April 11, 2003International Law and the Preemptive Use ofForce Against Iraqname redactedLegislative AttorneyAmerican Law DivisionSummaryOn March 19, 2003, the United States, aided by Great Britain and Australia,initiated a military invasion of Iraq. Both the U.S. and Great Britain contended thatthey had sufficient legal authority to use force against Iraq pursuant to Security Councilresolutions adopted in 1990 and 1991. But President Bush also contended that, giventhe “nature and type of threat posed by Iraq,” the U.S. had a legal right to use force “inthe exercise of its inherent right of self defense, recognized in Article 51 of the UNCharter.” Given that the U.S. had not previously been attacked by Iraq, that contentionraised questions about the permissible scope of the preemptive use of force underinternational law. This report examines that issue as it has developed in customaryinternational law and under the United Nations Chart