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A dispute exists over the "legitimacy" of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion (whether the conditions set in place after the Gulf War allowed the resumption if Iraq did not uphold to the Security Council resolutions). Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678.〔"International Law and the War in Iraq," John Yoo. ''The American Journal of International Law'', Vol. 97, No. 3 (Jul., 2003), pp. 563-576 .〕〔"Future Implications of the Iraq Conflict." W.H. Taft and T’F. Buchwald. ''The American Journal of International Law'', Vol. 97, No. 3 (Jul., 2003), pp. 553-563 ,〕 Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor"〔(【引用サイトリンク】title=Functions and Powers )〕 in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action. There is a heated debate regarding whether the invasion was launched with the explicit authorization of the United Nations Security Council. The Government of the United States asserts that the invasion was explicitly authorized by Security Council Resolution 678 and thus complies with international law. There is no debate that Security Council Resolution 678 authorizes UN Member States "to use all necessary means to uphold and implement Resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area.", just debate about what that resolution actually means. The only legal jurisdiction to find "aggression" or to find the invasion illegal rests with the Security Council under United Nations Charter Articles 39-42. The Security Council met in 2003 for two days, reviewed the legal claims involved, and elected to be "seized of the matter".〔Patrick McLaren, ''Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force against Iraq'' (2003) 13 Duke Journal of Comparative and International Law 233 (Lexis)〕〔Bill Campbell and Chris Moraitis, 'Memorandum of Advice to the Commonwealth Government on the Use of Force against Iraq' (2003) 4 Melbourne Journal of International Law 178.〕 The Security Council has not reviewed these issues since 2003. The public debate, however, continues. Former UN Secretary General Kofi Annan expressed his opinion that the invasion of Iraq was "not in conformity with the UN charter () from the charter point of view, (invasion ) was illegal." ''(See Legality of the Iraq War)'' == Saddam's record == While in power, Saddam Hussein showed complete disregard for peace and security in the region. In 1980, Iraq invaded Iran and began the Iran–Iraq War, which lasted until 1988. During the war, Hussein used chemical weapons on at least 10 occasions, including attacks against civilians. In 1990, Iraq invaded Kuwait and began the Persian Gulf War. After the ceasefire agreement was signed between Saddam and the UN in 1991, which suspended the hostilities of the Gulf War, Iraq repeatedly violated 16 different UNSC resolutions from 1990 to 2002. The Iraq Survey Group interviewed regime officials who stated Hussein kept weapon scientists employed and planned to revive Iraq's WMD program after the inspections were lifted, including nuclear weapons.〔(【引用サイトリンク】title=Comprehensive Report of the Special Advisor to the DCI on Iraq's WMD: Volume 1; Regime Strategic Intent Page 1, "Key Findings" )〕 Under UN Resolution 1441, he was given a "final opportunity" to comply, and he again violated the resolution by submitting a false report to UNMOVIC inspectors and continually preventing them from inspecting Iraq's WMD sites. During the Gulf War, Iraq took foreign civilians hostage on an unprecedented scale. Hussein attempted to use terrorism against the United States during the Gulf War and against former President George H.W. Bush in Kuwait in 1993 for leading the Gulf War against him. He had a long history of supporting terrorists in Palestine by giving money to families of suicide bombers〔(【引用サイトリンク】title=Iraqi Support for and Encouragement of Palestinian Terrorism (Part 1) )〕 and gave refuge to other terrorist groups against neighboring states in the region. In 1988 the Al-Anfal Campaign took place in Iraqi Kurdistan, and was carried out by the cousin of Saddam Hussein, Ali Hassan al-Majid. A document signed by Ali Hassan al-Majid is quoted as stating, "all persons captured in those villages shall be detained and interrogated by the security services and those between the ages of 15 and 70 shall be executed after any useful information has been obtained from them". This target group covered any male of fighting age. In 1991 after the Iraqi forces were expelled from Kuwait, the regime of Saddam Hussein cracked down on uprisings in the Kurdish north and Shia south. It is stated between this time over 40,000 Kurds and 60,000 or more Shi'ites were executed. In 2000, two human rights groups, International Federation of Human Rights Leagues and the Coalition for Justice in Iraq, released a joint report documenting the indoctrination of children into a fighting force. These children as young as five were recruited into the Ashbal Saddam or Saddam's Cubs. The children would be separated from their parents and undergo military training. Parents objecting to this recruitment would be executed and children jailed if they failed to comply. These jails were later noted by Scott Ritter in an interview with ''Time'' magazine. Vice President Cheney stated in 2006 that the U.S. would still have invaded Iraq even if intelligence had shown that there were no weapons of mass destruction. He said Hussein was still dangerous because of his history of using WMD, and taking him out of power "was the right thing to do". According to Donald Rumsfeld, Saddam Hussein was giving $25,000 to the families of suicide bombers who were aggressive toward Israel.〔http://thedailyshow.cc.com/videos/j6f55l/donald-rumsfeld-pt--1〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Legitimacy of the 2003 invasion of Iraq」の詳細全文を読む スポンサード リンク
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