Ben Saul, DPhil, LLB - US - Iraq War - ProCon.org

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US - IRAQ WAR

Ben Saul, DPhil, LLB Biography
Title:	Director of the Sydney Centre for International and Global Law at the University of Sydney Law School
Position:	Con to the question "Should the US Have Attacked Iraq?"
Reasoning:	"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... 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." "War Would Be Illegal," Signed by 16 European Law Professors, The Guardian, Mar. 7, 2003
Theoretical Expertise Ranking:	Experts 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)
Education:	DPhil, Oxford University LLB, University of Sydney BA, University of Sydney
Other:	None found
Quoted in:	1. Was the preemptive invasion of Iraq a violation of international law?

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