Dáil Éireann debate -
Thursday, 27 Feb 2003

Vol. 562 No. 3

Written Answers - Foreign Policy.

Aengus Ó Snodaigh

Question:

112 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the Government's position on the doctrine of pre-emption; and specifically, his views on the assessment by a person (details supplied) on 12 February 2003 of this doctrine as being in contravention of international law and the UN Charter. [6075/03]

Minister for Foreign Affairs (Mr. Cowen)

The Government is of the view that any threat to international peace and security should be dealt with through the United Nations.

The United Nations Charter generally prohibits the use of force in international relations. However, chapter VII of the Charter does allow the Security Council to sanction military action where it deems it necessary to maintain or restore international peace and security. The Charter also recognises the right to individual or collective self-defence, if an armed attack occurs against a member of the United Nations. Some international lawyers argue that this would allow for limited and proportional action where necessary to counter the threat of imminent attack. Others would dispute this. In any case, it is clear from the Charter that the right to act in self-defence is recognised only up until the Security Council has itself taken measures necessary to maintain or restore international peace and security.

I understand that the US Administration is of the view that it has a legal basis for military action in Iraq, on the basis of existing chapter VII Security Council resolutions, arising from the Iraqi regime's repeated and ongoing refusal to comply with the requirements set out in those resolutions. As I have pointed out on several previous occasions, there is no legal consensus on this point.