Legal Basis For Military Action Under The United Nations Charter

EDM number 842 in 2002-03, proposed by Lynne Jones on 05/03/2003.

That this House notes that the UN Charter allows for military force to be used only as an exception and in two sets of circumstances, in self defence or as expressly authorised by the Security Council under Chapter VII; further notes that, in previous crises, the UN has always used the term 'all necessary means' when authorising military action and this phrase is absent from Resolution 1441 and the Draft Resolution proposed by the US, UK and Spain; further notes that on 5th March, the Prime Minister did not answer the question put to him by the honourable Member for Birmingham Selly Oak as to whether nine affirmative votes for the Draft Resolution in the Security Council would give clear legal authority for war against Iraq; further notes the current legal opinion by Rabinder Singh QC and Charlotte Kilroy of Matrix Chambers, that neither Resolution 1441 nor the Draft Resolution individually or together, provide authorisation for Member States to use force against Iraq and that, as a consequence, the UK would be acting in violation of international law if it were to join in any attack on Iraq in reliance on either or both of these resolutions; likewise is concerned that the escalation of the bombing by the US and UK in the no-fly zones does not obey UN rules on the use of military force; and therefore calls on the Government to amend its policy on Iraq in line with the UN Charter and international law.

This motion has been signed by a total of 54 MPs.