32 Ga. J. Int'l & Comp. L. 199 (2004)
Rogue States, Weapons of Mass Destruction, and Terrorism: Was a Security Council Approval Necessary for the Invasion of Iraq

handle is hein.journals/gjicl32 and id is 207 raw text is: ROGUE STATES, WEAPONS OF MASS DESTRUCTION, AND TERRORISM:
WAS SECURITY COUNCIL APPROVAL NECESSARY FOR THE INVASION
OF IRAQ?
Jason Pedigo*
TABLE OF CONTENTS
I.   INTRODUCTION     .........................................              200
II.  BACKGROUND      .......................................... 202
I1.  A NALYSIS   .............................................               210
A.  Iraq's  Qualities  ......................................           211
B.  Core  Theory   ........................................             214
C. Rejectionist Theory ................................... 217
D. Core Interpretist Theory ............................... 219
IV .  CONCLUSION    ........................................... 226
* J.D. 2004, University of Georgia School of Law; B.A. 2000, University of Virginia. The
author notes that, in recent months, many of the factual justifications for the war in Iraq have
become subject to serious doubt. See, e.g., Saddam's elusive arsenal, ECONOMIST, Feb. 3, 2004
(quoting weapons inspector David Kay regarding pre-war assumptions about Iraq's weapons of
mass destruction: We were almost all wrong).
This Note applies international law regarding the use of military force to the war in Iraq in
light of the information that was available in the months preceding the war, and the author stands
by this analysis. This Note argues that the nexus of rogue states, weapons of mass destruction,
and terrorism calls for a more flexible interpretation of the UN Charter's restraints on the use of
force. Saddam Hussein's Iraq failed to convince the United States that it did not constitute such
a nexus, so under the Core Interpretist Theory that this Note espouses, the analysis of the legality
of the war remains the same as if Saddam's Iraq did in fact constitute this threat. See, e.g.,
Anthony Dworkin, The Iraq War in Retrospect, Crimes of War Project, Sept. 14, 2003, at http://
crimesofwar.org/onnews/news-iraq3.html (arguing that the failure to find weapons of mass
destruction in Iraq since the end of the conflict does not greatly affect the basic judgement about
whether it was launched in breach of, or in accordance with, the U.N. Charter).

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