PRINCIPLES OF INTERNATIONAL LAW

INDIVIDUAL FINAL EXAM [SEMESTER II]

NAME OF STUDENT :
SYAHRUL RIZA R.

STUDENT ID :

CLASS :

016202105008

IR PROFESSIONAL CLASS

NAME OF LECTURER :

ILMI DWIASTUTI
 FACULTY OF HUMANITIES, INTERNATIONAL RELATION MAJOR,
PRESIDENT UNIVERSITY
OF

The Supreme International Crime How The U.S War In Iraq Threatens

I. INTRODUCTION

War in Iraq Threatens the Rule of LawAuthor(s): Ronald Kramer, Raymond Michalowski and
Dawn RotheSource: Social Justice, Vol. War in Iraq Threatens the Rule of Law Ronald
Kramer, Raymond Michalowski, and Dawn Rothe WARS OF AGGRESSION ARE MORE
DESTRUCTIVE OF HUMAN LIFE, HOPE, AND HABITAT than any other type of crime.
National law that codifies and supersedes all existing international law and practice
(Normand, 2003). The legal authority of the charter lies in its status as a treaty that has been
agreed by states to uphold. A breach of contract is a violation of rights as well as a violation
of domestic law. In the United States, there is no legal boundary separating international law
from domestic law. Once the US Senate ratifies a treaty, it becomes the "supreme law of the
state" under Article VI, Section 2 of the US Constitution. . The essence of the UN Charter is
the prohibition of war. As C.G. Weera Mantry (2003:22), a former judge of the International
Court of Justice, points out that “by virtue of its structure, express provisions and underlying
intent, the United Nations Charter totally prohibits the unilateral use of armed force”
(emphasis added ). . . A specific prohibition against aggressive warfare is found in Article
2(4) of the Charter, which requires: “All Members shall refrain in their international relations
from the threat or use of force against the territorial integrity or political independence of any
State or [themselves ] in any way. otherwise inconsistent with the purposes of the United
Nations.” Paragraph 4 Article 2 is the highest legal norm that cannot be changed, which
cannot be changed by treaties or common law. At first glance, the invasion of Iraq is a
violation of Article 2(4). Insofar as international law evolves through a process of multilateral
reasoning, debate, and treaty, we argue that it constitutes the best available standard for
determining when states behave criminally. There is disagreement over whether the
international legal framework created by the United Nations reflects genuine "universal"
standards....
 Supporters of the human rights model of international law counter that foundational
documents such as the U.N. Instead, we ground our argument on the proposition that, while
we recognize legitimate concerns regarding its imple? mentation and "universality," existing
international law has been accepted as law by the nations of the world?including the United
States?and for that reason violations of international law are criminal wrongs.1 Current
international law may be an imperfect yardstick against which to measure state behavior (see
Green and Ward, 2000; 2004; Ward and Green, 2000). Nevertheless, whatever other
standards may have been violated by the invasion of Iraq, it was also a violation of public
international law.

II. BODY
Growth and development international crime and the need for settings to start through the
long history of war that's happened since the era community development traditional
international to the era of development of modern society. It is said that the criminal law
international is a set of rules international law that prohibits international crimes and impose
obligations on state to sue and punish at least some part of the crime that crime too establish
procedures for adjudicating and
sue the defendant commit that crime. About International Law many experts who define it;
According to Mochtar Kusumaatmadja, law international (public) is all the rules and legal
principles that govern relationship or problem cross-border. (international relations) that not
civil. From given meaning Mochtar Kusumaatmadja turns out to be related unlimited
international relationship created by only between countries, but can carried out by countries
with each other's non-state subjects . international law no longer defines the state as the only
subject of international law, the main thing is that this situation is caused by various changes
that have occurred in the international community over the centuries and is therefore a
reflection of the mature international community.
this. So that the subject of international law consists of:
1. Country
2. Holy See (Vatican)
3. International Red Cross
4. International Organizations
5. Individuals (individuals)
6. Rebellion and parties
 In disputes (belligerent) From the description above we can state that first, international law
is law relating to the functioning of international institutions or organizations and their
relationship with states, individuals, or among themselves. Second, international law is
shaped by states. Third, the force of international law is maintained by the community
international. On March 20, 2003, the United States led the invasion of Iraq after then-
President George W. Bush accused Saddam Hussein of possessing "weapons of mass
destruction." On April 9, 2003, US troops captured Baghdad. Saddam Hussein statue toppled
by a US tank with the help of a jubilant Iraqi crowd. Bush announced the end of major
combat operations on May 1, 2003. On October 2, 2003, the United States acknowledged
that no weapons of mass destruction had been found. On December 13, 2003, Saddam
Hussein was arrested near his hometown of Tikrit after nine months on the run. He was
hanged three years later. 2. 2004: Torture at Abu Ghraib prison In April 2004, images of
torture and abuse of Iraqis held in the US-run Abu Ghraib military prison shocked the world,
undermining the US position in Iraq. Power was then transferred to the interim government in
June. Insofar as the threat of imminent attack or United Nations authorization are the only
conditions under current international law that allow one country to use military force against
another, there is a clear prima facie case that the invasion of Iraq and the associated harms
flowing from it constitute war crimes. First, it directs attention to the structural and
organizational basis of state crime by emphasizing that these crimes are committed by state
officials in furtherance of the organizational goals of the state.

III. CONCLUSION

Keywords:
STATE, CRIME, INTERNATIONAL, international law, WAR, IRAQ, state crimes, UNITE,
invasion of Iraq, Social Justice

Digest:

"The Supreme International Crime": How the U.S. War in Iraq Threatens the Rule of
LawAuthor(s): Ronald Kramer, Raymond Michalowski and Dawn RotheSource: Social Justice,
Vol. Social Justice/Global Options is collaborating with JSTOR to digitize, preserve and extend
access to Social Justice This content downloaded from 129.81.226.78 on Tue, 26 Apr 2016
03:54:39 UTCAll use subject to http://about.jstor.org/terms "The Supreme International Crime":
How the U.S. War in Iraq Threatens the Rule of Law Ronald Kramer, Raymond Michalowski,
and Dawn Rothe WARS OF AGGRESSION ARE MORE DESTRUCTIVE OF HUMAN LIFE,
HOPE, AND HABITAT than any other type of crime. War in Iraq Threatens the Rule of Law
Ronald Kramer, Raymond Michalowski, and Dawn Rothe WARS OF AGGRESSION ARE
MORE DESTRUCTIVE OF HUMAN LIFE, HOPE, AND HABITAT than any other type of crime.
That national law codifies and supersedes all existing international law and practice (Normand,
2003). The legal authority of the charter lies in its status as a treaty that has been agreed by the
states to enforce. in the U.S. there is no legal boundary separating international law from
domestic law. by virtue of its structure, explicit provisions and underlying intent, the United
Nations Charter totally prohibits the unilateral use of armed force. which means All Members
must refrain in their international relations from the threat or use of force against the territorial
integrity or political independence of any State or [themselves]. From the description above, we
can state that first, international law is the law relating to the functioning of international
institutions or organizations and their relationship with states, individuals, or among themselves.
Second, international law is shaped by states. Third, the force of international law is maintained
by the international community. State Crime and Public International Law Public international
law consists of the customary state practices and treaties that govern relations among nation-
states and detail the standards of human rights that the world community has decided should
regulate state practices. Nevertheless, whatever other standards may have been violated by the
invasion of Iraq, it was also a violation of public international law.

REFERENCE

Azman Ridha Zain, author. (1970, January 1). Realitas di Balik Konflik Amerika Serikat-Irak :
Analisis terhadap invasi as Ke Irak. Universitas Indonesia Library. Retrieved April 26, 2022,
from https://lontar.ui.ac.id/detail?id=93120&lokasi=lokal

"The Supreme International Crime": How the U.S. - proquest. (n.d.). Retrieved April 25, 2022,
from https://www.proquest.com/docview/231911080?pq-origsite=gscholar

Iswara, A. J. (2022, January 4). Sejarah Perang Irak vs Amerika: Awal invasi, Tewasnya
Saddam Hussein, Hingga Pertempuran Lawan Isis. KOMPAS.com. Retrieved April 26, 2022,
from https://amp.kompas.com/internasional/read/2022/01/04/200200770/sejarah-perang-irak-
vs-amerika-awal-invasi-tewasnya-saddam-hussein

https://www.academia.edu/42663068/
From_Cold_Wars_to_Hot_Wars_Bagaimana_Perubahan_Iklim_Memicu_Perang_dan_Mengan
cam_Perdamaian_dan_Keamanan_Internasional?sm=b

https://journal.universitassuryadarma.ac.id/index.php/jihd/article/download/114/111

https://internasional.kompas.com/read/2022/01/04/200200770/sejarah-perang-irak-vs-amerika--
awal-invasi-tewasnya-saddam-hussein.