Use of Force, and International Humanitarian Law

            Relying on U.N. Security Council Resolution 1441 (2002) and on the sovereign authority of the United States to use force in assuring its own national security, President Bush has said that the United States and its allies will use armed force to disarm Iraq if Saddam Hussein and his sons do not leave Iraq within a 48-hour deadline.

 

           On January 10, 2003, North Korea announced (a) that it was withdrawing from the Nuclear Nonproliferation Treaty (NPT), effective immediately, and (b) that its withdrawal from the NPT left it free from the binding force of its Safeguards Agreement with the International Atomic Energy Agency (IAEA).

 

The U.N. Secretary-General's High-Level Panel on Threats, Challenges and Change has issued a lengthy report setting out a broad framework for collective security. [1]   It touches on several issues of international law and organization, including some important ones that are the focus of this Insight.  

 

According to news reports, the U.S. Central Intelligence Agency (CIA) has transferred about a dozen non-Iraqi prisoners out of Iraq in the past 18 months. Their destination has not been made known. The news reports say that the Justice Department's Office of Legal Counsel has prepared a draft legal opinion that would authorize the CIA to take Iraqis out of the country for brief periods of interrogation, and permanently to remove persons deemed to be illegal aliens under "local immigration law." [1]