The 2003 invasion of Iraq by the United States and the United Kingdom : the legality of their claims in international law, their responsibility under international law, and the co-responsibility of Kuwait and other Gulf States under Islamic international law

This thesis focuses upon the recent invasion of Iraq by the US and its few allies. While the central question is concerned with the legality of this war, the original aspect o f the thesis lies in its detailed consideration of alternative peaceful dispute resolution mechanisms to be found in international law and Islamic international law, which could have obviated the need for war. The central argument of this thesis is that the history of non-violent dispute resolution methods, together with the proscription in the United Nations’ Charter of the use of force, should have dictated a different approach to the perceived problem of Saddam Hussein’s regime. The significance of the events leading to war and the subsequent occupation suggest that either international law is currently being flouted or that the “unipolar” world must adjust to a new international legal reality.

While much attention has been paid by international lawyers and scholars to alleged breaches of the UN Charter by the invaders, much less attention has been devoted to the legality of the role of Kuwait and other Gulf states in this crisis in accordance with Islamic international law. Against this background, the question of whether Kuwait and other Gulf states violated the provisions of contemporary international law; the UN Charter and Islamic international law becomes extremely important.

This thesis shows that the obligation to settle international disputes peacefully is compatible with the prohibition on the use of force, and can be considered one o f the fundamental principles of Islamic international law predating the First Hague Convention of 1899 and the rise of modem international law. However, the end of the Cold War era shows how the US-UK violated these principles. The thesis further shows how the legality o f the Iraq invasion can be examined in the light o f two international legal principles: the peaceful settlement of international disputes and the prohibition on the use of force to resolve international disputes.

The basic premise of this thesis is that Islamic international law is consistent with the UN law on control of the use of force. The thesis concludes that Shari ’ah (Islamic law) is a comprehensive legal and ethical system. Muslims are obliged, as a matter of faith, to conduct their national and international affairs in accordance with the principles of Islam.