Postscript on “The Serious Consequences of Word Games”: The Signaling Game around the “Final Opportunity” for Iraq in Security Council Resolution 1441

2010 ◽  
Vol 11 (7-8) ◽  
pp. 943-963
Author(s):  
Craig Scott

This brief essay is intended to be read as a supplement to the article “Iraq and the Serious Consequences of Word Games: Language, Violence and Responsibility in the Security Council,” which was published in the German Law Journal on 1 November 2002. The date of publication was exactly one week before the Security Council voted on Resolution 1441, the text of which was still evolving during the last week of October 2002. What follows is a narrative that traces the trajectory of the Resolution's textual language from the provisions of a 21 October US-UK draft to the final form as of Security Council Resolution 1441, adopted on 8 November 2002.

1991 ◽  
Vol 31 (280) ◽  
pp. 28-30

The Middle East conflict is beyond any doubt an international armed conflict as defined in Article 2 common to the Geneva Conventions of 12 August 1949.The fact that military action has been authorized by security council resolution 678 does not affect this definition or the application of the laws of armed conflict.


2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson

AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.


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