Iraq and the Force of Law: Why Give A Shield of Immunity?

Abstract

As these words are written, the use of armed force to liberate Kuwait, and all the suffering and waste such use implies, becomes more likely. Given the primacy of the peaceful settlement of disputes in international law, I consider in this brief essay how the rule of law could play a role in this crisis. The UN Security Council’s call for the collection of information regarding possible war crimes by Iraqi officials and possible claims for damages arising out of the invasion was a welcome innovative effort, although it has yet to have any perceptible effect. That move, however, did not fully embrace the rule of law as a solution or make clear to Iraq the force that the rule of law can bring to bear. If the Security Council made an effort to implement the rule of law more forcefully, in my view it would greatly diminish the felt need to use armed force against Iraq.