Jus ad Bellum, Jus in Bello, and the Legacy of the Un Compensation Commisson
The legal foundation of the UNCC is resolution 687 (1991), in which the Security Council reaffirmed Iraq’s liability for its unlawful invasion and occupation of Iraq. This chapter explores the legal nature of this determination, and its implications in terms of the rules of international law applicable to the UNCC. It addresses whether in assessing the overall legitimacy of the work of the UNCC, resolution 687 should be characterized as a quasi-judicial determination holding Iraq liable for a breach of its legal obligations under the UN Charter, or as an executive decision, that is, as a determination made for the purpose of restoring international peace and security. It also addresses whether, given that Iraq’s liability arises out of its invasion and occupation of Kuwait, the law applicable before the Commission was jus in bello, or the law of armed conflict, or jus ad bellum, the law of peace.
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