The subject of war crimes trials is highly controversial and complex. The trials of war criminals have raised doctrinal controversy regarding the legal basis of trials, jurisdiction of the tribunals and their composition to try them. The judgments of these tribunals have been criticized on many grounds. The study seeks to examine the various legal issues posed by the US invasion and occupation of Iraq. It examines implications of the Iraq conflict for the future of world order. The study addresses the following questions: What is the legal basis of doctrine of preemption? Is the use of force as an act of preemption legitimate and legal in international law? Various resolutions on Iraq adopted by the UN Security Council between 1990 and 2003 have been critically analysed. The legality of the 2003 Iraq war has been discussed. Finally the study deals with various problems faced by the George W. Bush (Jr.) Administration after the capture of Saddam Hussein and discusses the present legal status and other issues involved in his trial. The study concludes that US have to share its predominant power in the construction of new international institutional mechanisms for maintaining global peace and security.
ABOUT THE AUTHOR Brijesh Narain Mehrish
Brijesh Narain Mehrish, former Professor of Politics, University of Mumbai, obtained his M.A, Ph.D. from the University of Delhi. He taught Political Science as a lecturer in Sri Venkateswara College (University of Delhi) from August 1962-May 1979 and also taught International Law and Organisation to the post-graduate students of North and South Campuses of Delhi University. He joined Department of Civics and Politics, University of Mumbai as Reader in International Law in June 1979 and retired as Professor of Politics in April 1995. He was the Research Fellow, Indian Society of International Law (1961-62); participated in the Center for Study and Research in International Relations at the Hague Academy of International Law, Netherlands in 1970; participated in the Seventh Session of International Law Commission Seminar at the UN Office at Geneva in 1971. He also participated in the Workshop on Rethinking on Development held at Colombo (Sri Lanka) organized by the International Committee of WUS Geneva in 1978 and participated in various international conferences on the United Nations in India and abroad. He visited the United States under International Visitors Programme in 1988 funded by the United States Information Service (USIS) Mumbai. He was awarded Senior Research Fellowship by the Indian Council of Social Science Research (ICSSR) to work on "Restructing of the UN System for Building Future Global order." Dr. Mehrish is the author of War Crimes and Genocide, India's Recognition Policy Towards New Nations, International Organizations: Structures and Processes, India's Role in the United Nations co-edited with Dr. Nawaz Mody and Restructuring the United Nations and Global Governance. He has also contributed several articles in professional journals.
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