header-logo header-logo

01 April 2011 / Craig Barlow , Jason Hadden
Issue: 7459 / Categories: Opinion
printer mail-detail

Flying under the radar?

There is a question, which has taxed lawyers and politicians alike for many years now. Is war ever legal? Presidents and prime ministers have sought resolutions, or indeed, not sought resolutions from the United Nations (UN), as justification for war...

Craig Barlow & Jason Hadden examine the legality of UN Security Council Resolution 1973 & its effect

There is a question, which has taxed lawyers and politicians alike for many years now. Is war ever legal? Presidents and prime ministers have sought resolutions, or indeed, not sought resolutions from the United Nations (UN), as justification for war. But perhaps they have asked the wrong question. Perhaps it is not whether war is legal, but whether the UN’s Security Council (SC) actually has the power within its constitution to legalise all wars.
On 16 March 2011 the UN’s Security Council passed Resolution No 1973 purporting to create a “no fly zone” over Libya. Within days Colonel Gaddafi asserted in a letter to western governments that the Resolution was invalid and asked: “Who gave

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll