International Law After Iraq: An Ethical or Historical Approach to Justification of Self-Defence

Arguably one of the seminal challenges of the twenty-first century will be the place of public international law, particularly in its manifestation in what may be termed the global security system. The importance of this has been shown by the controversial 2003 American-led invasion of Iraq. While the initial concerns about the legality of the invasion have largely receded, questions about the relationship of international law, state sovereignty, and the global security system, which the invasion raised, remain. This paper will assess some of the possible implications for the global security system of the Iraq war, and possible post-war developments in the law of war. It will review the process of development of international law. It concludes with an evaluation of some of the lessons of the war for the international community. In essence it will ask what is the effect of the invasion on international law, and how might the global security system be revitalised.