Last updated on: 5/19/2008 1:21:00 PM PST
US - Iraq War Home Page > Source Biographies > >Ben Saul, DPhil, LLB
Ben Saul, DPhil, LLB Biography
||Director of the Sydney Centre for International and Global Law at the University of Sydney Law School
||Con to the question "Should the US Have Attacked Iraq?"
"There is no justification under international law for the use of military force against Iraq. The UN charter outlaws the use of force with only two exceptions: individual or collective self-defence in response to an armed attack and action authorised by the security council as a collective response to a threat to the peace, breach of the peace or act of aggression. There are currently no grounds for a claim to use such force in self-defence. The doctrine of pre-emptive self-defence against an attack that might arise at some hypothetical future time has no basis in international law. Neither security council resolution 1441 nor any prior resolution authorises the proposed use of force in the present circumstances...
"War Would Be Illegal," Signed by 16 European Law Professors, The Guardian, Mar. 7, 2003
A decision to undertake military action in Iraq without proper security council authorisation will seriously undermine the international rule of law. Of course, even with that authorisation, serious questions would remain. A lawful war is not necessarily a just, prudent or humanitarian war."
|Theoretical Expertise Ranking:
Individuals with PhD's, JD's, or equivalent advanced degrees in fields relevant to the US - Iraq conflict. Also top-level government officials (such as foreign leaders, US presidents, Founding Fathers, Supreme Court Justices, members of legislative bodies, cabinet members, military leaders, etc.) with positions relevant to the US - Iraq conflict.
|Involvement and Affiliations:
||Director, Sydney Centre for International and Global Law, University of Sydney Law School
Coordinator, Master of International Law Program, University of Sydney Law School
Former Lecturer, International Law, University of New South Wales, Australia
Formerly taught International Law, Oxford University
Former Lecturer, Refugee Studies Centre, Oxford University,
Coordinated the Oxford Public International Law Discussion Group and the Oxford Public Interest Lawyers
Legal expert for the UN Committee on the Inalienable Rights of the Palestinians
Member of the following professional organizations: ILA, ESIL, ASIL, ANZSIL, ICJ, NSWCCL, STARTTS, and ALTA
Recipient, Human Rights Award, Academy on Human Rights and Humanitarian Law, Washington College of Law, American University, 2003
Recipient, Sir Edward Dunlop Memorial Medal, Foundation for Young Australians, 2001
Recipient, University Medal, University of Sydney (two times)
||DPhil, Oxford University
LLB, University of Sydney
BA, University of Sydney