The Gulf Conflict, International Law, and the U.S.

This paper will discuss international law issues concerning the involvement of the United Nations in the Persian Gulf Conflict of 1990/91, particularly those issues dealing with the use of force. The first part of the paper will briefly discuss the background of the Gulf Crisis. The second part of the paper will examine the international law concerning the use of force, focusing primarily upon the provisions in the United Nations Charter. The third part of the paper will discuss how these provisions were applied in the Gulf Crisis. The fourth and fifth parts of the paper will briefly look at some of the legal issues concerning the economic sanctions imposed upon Iraq, the reparations provided for in the cease-fire agreement, the possibility of war crimes prosecutions, and the aid provided to the Kurds in Iraq.

The disputes between Iraq and Kuwait which led to the Iraqi invasion in August of 1990 were several and longstanding. Although Saddam Hussein claimed that Iraq's status as a sovereign entity extended back to ancient times, both Iraq and Kuwait were actually carved out of the incoherent mess left by the disintegration of the Ottoman Empire after the First World War. The British attempted to instill a feeling of national cohesion in the competing groups by creating a new "monarchy." This Iraqi Hashemite Kingdom was overthrown in a 1958 military coup, and replaced by the Ba'ath Party.

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to claim Kuwait as a part of Iraq. Although it has reiterated its claim to Kuwait at several times during the past seventy years, Iraq has recognized Kuwait's status as a sovereign state by treating Kuwait as a sovereign entity. It has suggested that the two countries exchange diplomatic representatives as a prelude to establishing formal diplomatic relations. It has supported Kuwaiti membership in international organizations. It has established commercial and trading relations with Kuwait. It also accepted Kuwaiti economic assistance during the Gulf War with Iran during the 1980s. Iraq has also queried Kuwait on the leasing of the land at the center of the dispute. All of these actions indicate that Iraq has recognized Kuwait's sovereignty. In addition, Iraq has formally recognized Kuwait's independence. The first time was in 1932, when the Iraqi Prime Minister agreed upon the existing frontier between Iraq and Kuwait. The second time was in 1963, when the Iraqi government recognized Kuwait's independent status based upon the boundaries specified in the 1932 agreement. Saddam Hussein's government claimed that neither of these two acts were valid, because they were not ratified by Iraqi legislative authorities. The Vi
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Approximate Word count = 10244
Approximate Pages = 41 (250 words per page)

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