A friend of mine claims that the Iraq war was not 'illegal' as there are (and were) no laws in place that could allow it to be defined as such. Regardless of whether or not this is the case, is there an agreed set of philosophical principles that allow for war to be defined as 'legal/illegal' (and not just moral/immoral)? How might we go about discussing the legalities of war on an international scale? Alastair

One of the criteria philosophers generally agree upon for just war is "legitimate authority"--that is, a just war must be authorized in legitimate (usually meaning lawful) ways. The United Nations charter and the U.S. Constitution, for example, set out procedures for properly authorizing war, as will the legal codes of most nations. To evaluate the legality of this war, one must extablish whether those procedures were followed in proper ways. In particular, here you should look at whether the U.S. Congress authorized the war and whether the U.N. Security Council authorized the war. (See Articles 39, 42, 51 of the UN Charter; also see Security Council Resolution 1441; see the U.S. Congress's Joint resolution on the war of October 2002.) Another issue to consider is whether or not, even if authorization was given, the authorization was rendered illegitimate or void since it was predicated on deceitful claims about the nature of the threat posed by Iraq. You may also consider whether any "customs," "norms," or "informal conventions" of international relations legitimate the war.

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