الاطار القانوني لاخراج العراق من طائلة الفصل السابع من ميثاق الامم المتحدة

Abstract

Abstract Our research, which revolves around the legal framework to remove Iraq from Chapter VII of the Charter of the United Nations, which we dealt with the most important powers granted to the Security Council, as one of the principal organs of the United Nations, especially in the field of peace-keeping and security, especially those related under Chapter VII. And as it came to Iraq, UN Security Council passed since the Gulf crisis in 1990, and up to now dozens of decisions are almost all under Chapter VII, that chapter, which came entitled action to be taken in case of a threat to peace and security or prejudice them, or act of aggression . And if some of those decisions justified issued under Chapter VII, especially those related to invade Iraqi forces Kuwait in 1990, but many of them address the issues of topics outside the framework of the powers of the Security Council under this chapter, some of them eating a nerve demarcation, especially border Iraqi-Kuwaiti, causing great damage in the territorial integrity of Iraq, and others eating a nerve damages, those Responsible that must be regulated in accordance with the rules of international responsibility, while we find that the Security Council issued resolutions by which the establishment of a political committee exercised acts of judicial, where work had been and compensation approved by not based on the real amount of damage, which inflicted on the Iraqi people Habana obscene. And despite the fact that a lot of those decisions came unfair against Iraq and Iraqis, but that some of them, and his face Dharma came outside the framework of international legitimacy, but most have been implemented one way or another, and Section few remaining verdicts that came out of those decisions can be resolved in ways that other settlement, outside the framework of Chapter VII, which means there is legal justification for keeping Iraq under Chapter VII of the UN Charter. That those issues are formed axes of our research, where they were addressed through three demands, in the first demand we approached the main tasks given to the Security Council and in accordance with the Charter of the United Nations, and in the second we reviewed the most important decisions issued against Iraq under Chapter VII, either third requirement was allocated to the ways Iraq out of the jurisdiction of this chapter.