1 SC Res. 1441 (Nov. 8, 2002). For background leading up to the resolution, see Murphy, Sean D., Contemporary Practice of the United States, 96 AJIL 956 (2002)Google Scholar.

2 SC Res. 687 (Apr. 3, 1991).

3 SC Res. 1441, paras. 2–3.

4 Id., para. 13.

5 See Chandrasekaran, Rajiv, Baghdad Delivers Weapons Data to U.N., Wash. Post, Dec. 8, 2002, at A1 Google Scholar.

6 See Bums, John F., A Top Iraqi Aide Defies U.S. to Find Proof of Weapons, N.Y. Times, Dec. 9, 2002, at A1 Google Scholar.

7 See, e.g., Burns, John F., Expanded UN. Teams Pick Up Pace of Site Visits but Lack Details from Iraq, N.Y. Times, Dec. 10, 2002, at A16 Google Scholar.

8 In Blix’s Words: Unresolved Issues, N.Y. Times, Dec. 20, 2002, at A12 Google Scholar.

9 Id.

10 Secretary of State Colin Powell, Press Conference on Iraq Declaration (Dec. 19, 2002), at <http://www.state.gov>; see U.S. Dep’t of State Fact Sheet, Illustrative Examples of Omissions from the Iraqi Declaration to the United Nations Security Council (Dec. 19, 2002).

11 Sec Loeb, Vernon & Graham, Bradley, Rapid Buildup in Gulf on Horizon, Wash. Post, Dec. 20, 2002, at A45 Google Scholar.

12 See Executive Chairman of UNMOVIC, Dr. Hans Blix, An Update on Inspection at 1 (Jan. 27, 2003), at <http://www.un.org/Depts/unmovic/Bx27.htm> (noting that “Iraq appears not to have come to genuine acceptance—not even today—of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace.”); Lynch, Colum, No “Smoking Guns” So Far, UN is Told, Wash. Post, Jan. 10, 2003, at A1 Google Scholar; see also Preston, Julia, U.N. Inspector Says Iraq Falls Short on Cooperation, N.Y. Times, Jan. 28, 2003, at A1 Google Scholar.

The inspectors did uncover some evidence of Iraqi noncompliance. For example, the inspectors discovered missiles with a range in excess of 180 kilometers, in violation of Security Council Resolution 687. Sec Preston, Julia, Experts Confirm New Iraqi Missile Exceeds U.N. Limit, N.Y. Times, Feb. 13, 2003, at A1 Google Scholar. Thereafter, Iraq began destroying the missiles. See Chandrasekaran, Rajiv, Iraq to Destroy Illegal Missiles, Wash. Post, Mar. 1, 2003, at A1 Google Scholar.

13 See, e.g., Chandrasekaran, Rajiv, Iraq Vows More Cooperation on Inspections, Wash. Post, Jan. 29, 2003, at A13 Google Scholar.

14 See Dobbs, Michael, Allies Slow U.S. War Plans, Wash. Post, Jan. 11, 2003, at A1 Google Scholar.

15 See Kessler, Glenn & Lynch, Colum, France Vows to Block Resolution on Iraq War, Wash. Post, Jan. 21, 2003, at A1 Google Scholar.

16 See Tagliabue, John, France and Germany Draw a Line, Against Washington, N.Y. Times, Jan. 23, 2003, at A10 Google Scholar. Asked about the opposition in Europe, U.S. Secretary of Defense Donald Rumsfeld stated: “You’re thinking of Europe as Germany and France. I don’t. . . . I think that’s old Europe. If you look at the entire NATO Europe today, the center of gravity is shifting to the east. And there are a lot of new members.” See Richburg, Keith B., “Old Europe” Reacts to Rumsfeld’s Label, Wash. Post, Jan. 24, 2003, at A20 Google Scholar.

17 See Tagliabue, John, France and Russia Ready to Use Veto Against Iraq War, N.Y. Times, Mar. 6, 2003, at A1 Google Scholar.

18 See Richburg, Keith B., NATO Blocked on Iraq Decision, Wash. Post, Jan. 23, 2003, at A1 Google Scholar. NATO’s defense-planning committee (on which France does not have a seat) eventually decided to provide such military assistance. See Richburg, Keith B., NATO Agrees to Begin Aid to Turkey, Wash. Post, Feb. 17, 2003, at A1 Google Scholar.

19 See Pan, Philip P., Turkey Rejects U.S. Use of Bases, Wash. Post, Mar. 2, 2003, at A1 Google Scholar.

20 See Pan, Philip P., Turkey Lets U.S. Use Airspace, Wash. Post, Mar. 21, 2003, at A24 Google Scholar.

21 See, e.g., Fernandez, Manny & Blum, Justin, Thousands Oppose a Rush to War, Wash. Post Jan. 19, 2003, at A1 Google Scholar; Tyler, Patrick & Elder, Janet, Poll Finds Most in U.S. Support Delaying a War, N.Y. Times, Feb. 14, 2003, at A1 Google Scholar; Frankel, Glenn, Millions Worldwide Protest Iraq War, Wash. Post, Feb. 16, 2003, at A1 Google Scholar.

22 See, e.g., Cowell, Alan, Britain Accuses Baghdad, Deepening Rift in Europe, N.Y. Times, Jan. 29, 2003, at A17 Google Scholar.

23 See Jose, Maria Aznar, Jose-Manuel, Durao Barroso, Berlusconi, Silvio, Blair, Tony, Havel, Vaclav, Medgyessy, Peter, Miller, Leszek, & Anders, Fogh Rasmussen, United We Stand, Wall St. J., Jan. 30, 2003, at A14 Google Scholar.

24 See Weisman, Steven R., Powell, in UN Speech, Presents Case to Show Iraq Has Not Disarmed, N.Y. Times, Feb. 6, 2003, at A1 Google Scholar.

25 UN Press Release SG/SM/8600, Secretary-General Says United Nations Has Duty to Exhaust All Possibilities of Peaceful Settlement Before Resorting to Use of Force (Feb. 10, 2003), at <http://www.un.org>.

26 See Slevin, Peter & Lynch, Colum, U. S. Meets New Resistance at UN., Wash. Post, Feb. 15, 2003, at A1 Google Scholar.

27 [Editor’s Note: See Authorization for Use of Military Force Against Iraq Resolution of 2002, Pub. L. No. 107–243, 116 Stat. 1498 (2002); see also Murphy, Sean D., Contemporary Practice of the United States, 96 AJIL 956, 959–60 Google Scholar.]

28 Doe v. Bush, 240 F.Supp.2d 95, 96 (D. Mass.), aff’d, 322 F.3d. 109 (1st Cir. 2003).

29 See Sanger, David E., U.S. Witt Ask UN to State Hussein Has Not Disarmed, N.Y. Times, Feb. 14, 2003, at A1 Google Scholar; Weisman, Steven R., U.S. Seeks 9 Votes from U.N. Council to Confront Iraq, N.Y. Times, Feb. 21, 2003, at A1 Google Scholar.

30 See U.S.-British Draft Resolution Stating Position on Iraq, N.Y. Times, Feb. 25, 2003, at A10 Google Scholar.

31 President Bush News Conference, 39 Weekly Comp. Pres. Doc. 295, 296 (Mar. 6, 2003)Google Scholar.

32 See DeYoung, Karen & Lynch, Colum, Britain Races to Rework Resolution, Wash. Post, Mar. 11, 2003, at A1 Google Scholar.

33 See Bumiller, Elisabeth, U. S. Still Hopeful of 9 Votes at U.N. for Iraq Measure, N.Y. Times, Mar. 13, 2003, at A1 Google Scholar; DeYoung, Karen, 6 “Undecideds” Face Tough Choice at U. N., Wash. Post, Mar. 14, 2003, at A22 Google Scholar.

34 See Kessler, Glenn & DeYoung, Karen, U.S.-Backed Resolution Appears Doomed, Wash. Post, Mar. 14, 2003 Google Scholar.

35 Statement of the Atlantic Summit: A Vision for Iraq and the Iraqi People, 39 Weekly Comp. Pres. Doc. 336, 337 (Mar. 16, 2003)Google Scholar.

36 Address to the Nation on Iraq, 39 Weekly Comp. Pres. Doc. 338–39 (Mar. 17, 2003)Google Scholar; see also Letter to Congressional Leaders Reporting on the Commencement of Military Operations Against Iraq, 39 Weekly Comp. Pres. Doc. 348 (Mar. 21, 2003)Google Scholar.

37 Id.

38 Address to the Nation on Iraq, 39 Weekly Comp. Pres. Doc. 342 (Mar. 19, 2003)Google Scholar.

39 See Chandrasekaran, Rajiv & Ricks, Thomas E., U.S. Opens War with Strikes on Baghdad Aimed at Hussein, Wash. Post, Mar. 20, 2003, at A1 Google Scholar.

40 See Tyler, Patrick E., U.S. and British Troops Push into Iraq as Missiles Strike Baghdad Compound N.Y. Times, Mar. 21, 2003, at A1 Google Scholar.

41 See Sanger, David E. & Shanker, Thorn, Allies Say They Took Iraqi Posts Early to Prevent Use of Chemical and Biological Weapons, N.Y. Times, Mar. 23, 2003, at B5 Google Scholar.

42 See Baker, Peter & Glasser, Susan B., Iraq Fires Missiles Toward Kuwait, Wash. Post, Mar. 21, 2003, at A21 Google Scholar.

43 See Dao, James, Navy Seals Easily Seize 2 Oil Sites, N.Y. Times, Mar. 22, 2003, at B1 Google Scholar.

44 See Chandrasekaran, Rajiv & Baker, Peter, Strikes Intensify as Forces Move North, Wash. Post, Mar. 22, 2003, at A1 Google Scholar.

45 Many of the paramilitary fighters were known as “fedayeen,” which translates as “those who sacrifice themselves for a cause.” See Graham, Bradley, Pentagon Shuns Name “Fedayeen” for Iraqi Irregulars, Wash. Post, Mar. 27, 2003, at A27 Google Scholar.

46 See LeDuff, Charlie, Men from Texas, on Call in Kuwait, Cap Oil Well Fires in Southern Iraq, N.Y. Times, Apr. 1, 2003, at B11 Google Scholar.

47 See Broder, John M., A Top Commandeer Suggests Shiites Haven’t Rebelled Because U.S. Failed Them in ‘91, N.Y. Times, Apr. 1, 2003, at B6 Google Scholar.

48 See, e.g., Atkinson, Rick, Jubilant Crowds Greet Troops Near Shrine, Wash. Post, Apr. 3, 2003, at A25 Google Scholar. As might be expected, news media in countries that supported the war reported on the welcoming of coalition forces, while news media in countries that opposed the war focused more on collateral civilian casualties and setbacks for the coalition forces. See, e.g., Kuttab, Daoud, The Arab TV Wars, N.Y. Times, Apr. 6, 2003, §6 (Magazine), at 44 Google Scholar; Sachs, Susan, Arab Media Portray War as Killing Field, N.Y. Times, Apr. 4, 2003, at B1 Google Scholar.

49 See Filkins, Dexter, U.S. Force Crosses Tigris, Wondering Where Republican Guard Went, N.Y. Times, Apr. 3, 2003, at B4 Google Scholar.

50 See Tyler, Patrick E., U.S. Forces at Edge of a Blacked-out Baghdad, N.Y. Times, Apr. 4, 2003, at A1 Google Scholar; Tyler, Patrick E., 2 U.S. Columns Are Advancing on Baghdad Defenses, N.Y. Times, Apr. 1, 2003, at A1 Google Scholar.

51 See Tyler, Patrick E., U.S. Blasts Compound in Effort to Kill Hussein, N.Y. Times, Apr. 8, 2003, at A1 Google Scholar.

52 See Tyler, Patrick E., U.S. Forces Take Control in Baghdad; Bush Elated; Some Resistance Remains, N.Y. Times, Apr. 10, 2003, at A1 Google Scholar.

53 See Smith, Craig S., Basra Falls, Though Fighting Persists, N.Y. Times, Apr. 8, 2003, at B7 Google Scholar.

54 See Tyler, Patrick E., 1, 000 U.S. Paratroopers Open Northern Front, N.Y. Times, Mar. 27, 2003, at A1 Google Scholar.

55 See Vogel, Steve & Vick, Karl, U.S. Reinforces Northern Front, Wash. Post, Mar. 28, 2003, at A26 Google Scholar.

56 See Vick, Karl, Kurds Revel in Rout of Extremist Group, Wash. Post, Mar. 31, 2003, at A16 Google Scholar.

57 See Lynch, Colum, Iraq’s U.N. Ambassador Concedes Hussein’s Defeat, Wash. Post, Apr. 10, 2003, at A37 Google Scholar.

58 See Schmitt, Eric, Pentagon Asserts the Main Fighting Is Finished in Iraq, N.Y. Times, Apr. 15, 2003, at A1 Google Scholar.

59 See The War in Numbers, Wash. Post, Apr. 20, 2003, at A20 Google Scholar.

60 [Editor’s Note: Statement Made by the Secretary-General of the United Nations in Paris (Jan. 14, 1993), reprinted in Iraq and Kuwait: The Hostilities and Their Aftermath 741 (M. Weller ed., 1993); see also Letter to Congressional Leaders Reporting on Iraq’s Compliance with United Nations Security Council Resolutions, 29 Weekly Comp. Pres. Doc. 67 (Jan. 25, 1993)Google Scholar.]

61 Letter dated 20 March 2003 from the Permanent Representative of the United States of America to the United Nations Addressed to the President of the Security Council, UN Doc. S/2003/351 (Mar. 21, 2003); see UN Doc. S/PV.4726 (resumption 1), at 25 (Mar. 27, 2003) (statement of U.S. Permanent Representative to the United Nations to the Security Council) (“Resolution 687 (1991) imposed a series of obligations on Iraq that were the conditions of the ceasefire. It has long been recognized and understood that a material breach of those obligations removes the basis of the ceasefire and revives the authority to use force under resolution 678 (1990).”). For Australia’s letter to the Security Council, see UN Doc. S/2003/352 (Mar. 20, 2003). For the United Kingdom’s letter to the Security Council, see UN Doc. S/2003/350 (Mar. 21, 2003). For the legal analysis of the UK attorney general, see Attorney General Clarifies Legal Basis for Use of Force Against Iraq (Mar. 18, 2003), at <http://www.fco.gov.uk> (statement by UK Attorney General Lord Goldsmith in answer to a parliamentary question). For Spain’s position, see UN Doc. S/PV.4721, at 15–16 (Mar. 19, 2003).

62 Remarks of U.S. Department of State Legal Adviser Taft, William H., IV, Before the National Association of Attorneys General (Mar. 20, 2003)Google Scholar (on file at GWU).

63 See UN Doc. S/PV.4721, at 8 (Mar. 19, 2003) (statement of Russian representative); UN Doc. S/PV.4726, at 28, 32 (Mar. 26, 2003) (statements of China and Syria); Barringer, Felicity, Critics Say U.S. Lacks Legal Basis for Attack, N.Y. Times, Mar. 20, 2003, at A19 Google Scholar; Richburg, Keith B., French See Iraq Crisis Imperiling Rule of Law, Wash. Post, Mar. 6, 2003, at A19 Google Scholar.

64 See, e.g., McCartney, Robert J., Opponents of War Decry U.S. Stance, Wash. Post, Mar. 19, 2003, at A17 Google Scholar.

65 See Letter Dated 24 March 2003 from the Permanent Observer of the League of Arab States to the United Nations Addressed to the President of the Security Council, UN Doc. S/2003/365* (Mar. 26, 2003); Sachs, Susan, Arab Foreign Ministers Urge U.S. Withdrawal, N.Y. Times, Mar. 25, 2003, at B11 Google Scholar.

66 Across Europe, Miliums Protest a War in Iraq, Wash. Post, Mar. 15, 2003, at A17 Google Scholar; Wax, Emily, Thousands Protest Across Arab World, Wash. Post, Mar. 22, 2003, at A28 Google Scholar; Frankel, Glenn, Thousands Protest Across Europe, Asia, Wash. Post, Mar. 23, 2003, at A28 Google Scholar.

67 See, e.g., U.S. National Security Adviser Condeleeza Rice, Op-Ed, The Coalition, Wall St.J., Mar. 26, 2003, at A12 Google Scholar (arguing that nearly fifty nations supported the intervention).

68 The United States asserted that forty-four nations were part of the coalition, which included nations providing military units or logistics assistance, and also many nations that simply voiced political support. The coalition authorized by the United Nations to expel Iraq from Kuwait in 1990–91 included thirty-four nations, each contributing troops or medical personnel by ground, air, or sea. See Kessler, Glenn, United States Puts a Spin on Coalition Numbers. Wash. Post, Mar. 21, 2003, at A29 Google Scholar.

69 See Tyler, Patrick E. & Elder, Janet, Poll Finds Most in U.S. Support Delaying a War, N.Y. Times, Feb. 14, 2003, at A1 Google Scholar.

70 See Nagourney, Adam & Elder, Janet, More Americans Now Faulting U.N. on Iraq, Poll Finds, N.Y. Times, Mar. 11, 2003, at A11 Google Scholar.

71 See Powell, Michael, Around Globe, Protest Marches, Wash. Post, Mar. 23, 2003, at A19 Google Scholar.

72 See, e.g., War Support Widespread, Wash. Post, Apr. 8, 2003, at A28 Google Scholar.

73 See Graham, Bradley & Weisman, Jonathan, Display of 5 POWs Draws Firm Rebuke, Wash. Post, Mar. 24, 2003, at A1 Google Scholar; Loeb, Vernon, U.S. Identifies Copter Pilots Taken Prisoner, Wash. Post, Mar. 25, 2003, at A13 Google Scholar.

74 See Graham & Weisman, supra note 73; Diana, Jean Schemo, Iraq Violates Rules of War, U.S. Complains, N.Y. Times, Mar. 24, 2003, at B6 Google Scholar.

75 See Schmitt, Eric & Sanger, David E., U.S. Officials Say Iraqis May Have Killed Some American Prisoners, N.Y. Times, Mar. 26, 2003, at B11 Google Scholar.

76 See Fainaru, Steve & Eggen, Dan, Prisoner Images Are Tough Issue for Iraq and U. S., Wash. Post, Mar. 25, 2003, at A24 Google Scholar; Schemo, supra note 74.

77 See Convention [No. IV] Respecting the Laws and Customs of War on Land, Oct. 18, 1907, annex, Art. 23(c), 36 Stat. 2277, 1 Bevans 631 (forbidding the killing or wounding of an enemy who has laid down his arms); Convention [No. III] Relative to the Treatment of Prisoners of War, Aug. 12, 1949, Art. 13, 6 UST 3316, 75 UNTS 135 (providing, in part, that “[p]risoners of war must at all times be humanely treated.... [P]risoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.”); id., Art. 14 (providing, in part: “Prisoners of war are entitled in all circumstances to respect for their persons and their honour.”).

78 See S. Con. Res. 31 (2003); H.R. Con. Res. 118 (Mar. 27, 2003).

79 See U.S. Dep’t of Defense Transcript, Briefing on Geneva Convention, EPW’s and War Crimes (Apr. 7, 2003), at <http://www.defenselink.mil/news/Apr2003/t04072003_t407genv.html>; Lewis, Neil A., U.S. Is Preparing to Try Iraqis for Crimes Against Humanity and Mistreating Prisoners, N.Y. Times, Mar. 29, 2003, at B14 Google Scholar; see also U.S. Dep’t of Defense Transcript, Teleconference Briefing from Umm Qasr, Iraq, on Enemy Prisoner of War Issues (Apr. 9, 2003), at <http://www.dod.mil/transcripts/2003/tr20030409–0083.html>>Google Scholar; U.S. Dep’t of Defense Transcript, Briefing via Satellite-Teleconference on Medical Care Being Provided to Enemy POWs (Apr. 11, 2003), at <http://www.dod.mil/transcripts/2003/tr20030411–0089.html>>Google Scholar.

80 See Weinraub, Bernard, Army Failed to Anticipate the Attacks by Irregulars, N.Y. Times, Mar. 26, 2003, at B5 Google Scholar; Landler, Mark, Wounded American Soldiers Recall Ambushes by Iraqi Troops in Civilian Garb, N.Y. Times, Mar. 28, 2003, at B7 Google Scholar.

81 See Bumiller, Elisabeth, U.S. Names Iraqis Who Would Face War Crimes Trial, N.Y. Times, Mar. 16, 2003, at 1 Google Scholar.

82 See Miller, Judith, Special Team Seeks Clues to Establish War Crimes, N.Y. Times, Mar. 31, 2003, at B7 Google Scholar.

83 See U.S. Dep’t of Defense Transcript, Briefing on Geneva Convention, EPW’s and War Crimes, supra note 79 Google Scholar; Slevin, Peter, U.S. Wants Iraqi System to Prosecute Past Abuses, Wash. Post, Apr. 8, 2003, at A24 Google Scholar; see also Prosecuting Iraqi War Crimes: A Consideration of the Different Forum Options, Hearing Before the Senate Common Governmental Affairs, 108th Cong. (2003)Google Scholar.

84 See Burns, John F., Iraq Blames U.S. for Market Blast in Baghdad That Killed Civilians, N.Y. Times, Mar. 29, 2003, at A1 Google Scholar; Burns, John F., Blasts in Baghdad, N.Y. Times, Mar. 27, 2003, at A1 Google Scholar.

85 See Schmitt, Eric, Rumsfeld Says Dozens of Important Targets Have Been Avoided, N.Y. Times, Mar. 24, 2003, at B12 Google Scholar.

86 See Kennicott, Philip, In Broken Baghdad, Photo Negatives, Wash. Post, Apr. 15, 2003, at C1 Google Scholar.

87 See Broder, John M., Number of Iraqis Killed May Never Be Determined, N.Y. Times, Apr. 10, 2003, at B1 Google Scholar.

88 See Tyler, Patrick E., Allies Widen Hold on Iraq; Civil Strife on Rise, N.Y. Times, Apr. 11, 2003, at A1 Google Scholar.

89 [Editor’s Note: 18 U.S.C. §§10, 2311, 2314–2315 (2000).]

90 U.S. Dep’t of State Press Release, Cooperation for the Safeguarding of Iraqi Antiquities and Cultural Property (Apr. 14, 2003), at <http://www.state.gov>>Google Scholar.

91 Article 43 of the 1907 Hague Regulations provides that the “authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” Convention Respecting the Laws and Customs of War on Land, Oct. 18, 1907, annex, Art. 43, 36 Stat. 2277, 205 Consol. T.S. 277.

92 See The War in Numbers, supra note 59.

93 See Mintz, John, Options on Handling of Iraqi POWs Considered, Wash. Post, Apr. 19, 2003, at A20 Google Scholar.

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98 Exec. Order No. 13290, 68 Fed. Reg. 14307 (Mar. 24, 2003).

99 50 U.S.C. § 1702 (a) (1) (C) (West Supp. 2002).

100 50 U.S.C. §§1701–1706 (West Supp. 2002).

101 Pub. L. No. 107–56, §106(1)(D), 115 Stat. 272, 277–78 (2001).

102 See Pub. L. No. 107–297, §201, 116 Stat. 2322, 2337 (2002).

103 SC Res. 1472 (Mar. 28, 2003). Beginning in 1996, the oil-for-food program permitted Iraq to export its oil and to use the proceeds to pay for food, medicine, and other humanitarian goods. Under the program, the Iraqi government operated an extensive program for distributing food and medicine. The program, which was subject to UN monitoring, fed more than half of Iraq’s population. For the initial Security Council resolution authorizing the oil-for-food program, see SC Res. 986 (Apr. 14, 1995); see also <http://www.un.org/Depts/oip/>.

104 See Lynch, Colum & Bredemeier, Kenneth, U.S. Hits Snag in U.N. on Aid for Iraq, Wash. Post, Mar. 26, 2003, at A29 Google Scholar; Barringer, Felicity, Security Council Votes to Revive Oil-for-Food Program in Iraq, N.Y. Times, Mar. 29, 2003, at B7 Google Scholar.

105 See, e.g., Sciolino, Elaine, France Opposes Proposal for U.S.-British Rule in Iraq, N.Y. Times, Mar. 22, 2003, at B8 Google Scholar; Wines, Michael, 3 War Critics Want U.N. Effort to Rebuild but Say Allies Must Act Now, N.Y. Times, Apr. 12, 2003, at B10 Google Scholar.

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