Abstract
This article explores guidance and control mechanisms for the interpretation of the meaning and effects of peace-coercion law created by the UN Security Council (hereinafter referred to as UN-system law). Using the military action against Iraq by the Coalition of the Willing in 2003 as a case study, it identifies institutions, processes and procedures for steering and reviewing the construction of UN-system law — legal input into a government’s internal decision process and judicial proceedings in courts of law. The article consists of four parts. After briefly recalling the relevant UN-system law relevant to the Iraq situation, the article turns to the dynamics surrounding the in-house legal advice from Attorney General Lord Peter Goldsmith to British Prime Minister Tony Blair when the case for the war against Iraq was made by Her Majesty’s Government. Next judicial review in courts of law will be covered. This portion of the article discusses cases seen through in the United Kingdom, the Republic of Costa Rica and the Federal Republic of Germany. It also works through conceivable judicial proceedings on the international plane. Finally, the article evaluates the different guidance and control mechanisms potentially available for the interpretation of UN-system law.
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