Iraq: From ‘Troubled Law of Occupation’ to Constitutional Order?

Beiträge zum Islamischen Recht, ed. by Irene Schneider and Thoralf Hanstein, Leipziger Beiträge zur Orientforschung, Band 19 (Heidelberg: Peter Lang, 2006) pp. 21-43

23 Pages Posted: 2 Jan 2014

See all articles by Ebrahim Afsah

Ebrahim Afsah

University of Copenhagen - Faculty of Law

Date Written: June 1, 2006

Abstract

The young 21st century has already witnessed two major military engagements of the United States which present a dramatic contrast in almost all aspects of their execution. The war in Afghanistan was the direct result of the attacks of 11 September 2001, which could very plausibly be linked to perpetrators present on Afghan soil and against whom the de facto government of Afghanistan proved unwilling or unable to act. The invocation of the collective defence mechanism of Article 5 of the Washington Treaty by the members of the North Atlantic Treaty Organization (NATO) reflected the general understanding that an armed attack in the meaning of Article 51 of the United Nations Charter had occurred against which individual and collective self-defence was legitimate. This position was quickly endorsed by the Security Council.

Suggested Citation

Afsah, Ebrahim, Iraq: From ‘Troubled Law of Occupation’ to Constitutional Order? (June 1, 2006). Beiträge zum Islamischen Recht, ed. by Irene Schneider and Thoralf Hanstein, Leipziger Beiträge zur Orientforschung, Band 19 (Heidelberg: Peter Lang, 2006) pp. 21-43. Available at SSRN: https://ssrn.com/abstract=2373770

Ebrahim Afsah (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark
+45 35 32 31 53 (Phone)

HOME PAGE: http://jura.ku.dk/ebrahimafsah/

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