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Netherlands International Law Review

, Volume 57, Issue 1, pp 81–137 | Cite as

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Security Council Foreign Affair Legal Basis Military Action Dutch Government 
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References

  1. 1.
    The committee was formally established by the Decree Establishing a Committee to Investigate Decision-Making concerning Iraq, of 6 March 2009. The decree was amended by a further decree on 28 October 2009. See Decrees nos. 3084260 and 16447, published in Staatscourant [Government Gazette] and both appended to the Committee’s report as Appendix A.Google Scholar
  2. 2.
    Rapport van de Commissie van Onderzoek Besluitvorming Irak (Amsterdam, Boom 2010). See also the website <http://www.onderzoekscommissie-irak.nl> for the text of the report in Dutch as well as an executive summary and the conclusions in English.
  3. 3.
    Lower House, Kamerstukken II [Parliamentary documents II] 2009-10, 31 847, nos. 15 and 18.Google Scholar

References

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    See C. Gray, ‘From Unity to Polarization: International Law and the Use of Force against Iraq’ and M. Byers, ‘The Shifting Foundations of International Law: A Decade of Forceful Measures against Iraq’, in European Journal of International Law, vol. 13 (2002), pp. 1–19 and 21-41.CrossRefGoogle Scholar
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    This information is partly based on the observations of the member of the Commission of Inquiry, Van Walsum, who chaired the Iraq Sanctions Committee in the period 1999–2000.Google Scholar
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    Security Council resolution 687, 4th, 8th, 14th, 15th and 23rd paragraphs in preamble.Google Scholar
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    Press Release, Independent Inquiry Committee, <http://www.iic-offp.org/story07Sept05.htm>.
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    The tasks and responsibilities are divided in the same manner in the current organisational structure.Google Scholar
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    Foreign Affairs, Dossier SC/Iraq/Milit. Actions, ‘Legitimation of “Desert Fox”’, drafted by DAM/GO on 8 February 1999, seen by DLA/IL, for purpose of general consultation in parliament (dossier DGPA) 11 February 1999 (further references are lacking). As follows from a memorandum of 14 March 2003, ref. DLA-IL/100-03, this document was taken from the archives by DLA/IL, in response to the request by DAM/GO to find out whether DLA/IR around 1998 had written a memo on operation Desert Fox. The memorandum of February 1998 was not found at the time. (IDO)Google Scholar
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    The memo came from DLA/IL but was sent on the authority of DLA.Google Scholar
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  67. 68.
    Foreign Affairs, DJZ/ir/00195, memorandum of DJZ to the minister via DGPA and the SG, ‘Iraq — Legal justification of the use of force without a second resolution’, 13 March 2003, ref.: DKZ/IR/2003/96. (IDO)Google Scholar
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    Until the end of the 1990s, the Legal Advisor of the ministry had direct access to the minister through the SG. As demonstrated below, that was and is still the position of the sister DLA at the ministry of defence.Google Scholar
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    In the current organisational structure, duties and responsibilities are still divided in this manner.Google Scholar
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    The Committee suspects that the word ‘not’ should be added to this sentence. It is not, however, in the text of the memorandum.Google Scholar
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    Cabinet meeting 8 November 2002, 2e.Google Scholar
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    Cabinet meeting 6 December 2002, 3d.Google Scholar
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    Balkenende, 7 July 2009.Google Scholar
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    Reference was made to both the parliamentary reports and the Cabinet documents. The internal discussion of this question in the different ministries was not touched upon in the Previous History. The period after Desert Storm is briefly discussed in sections 8.7.1 and 8.7.2.Google Scholar
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    For an explanation of the US position, see the article of the Legal Advisor and the Assistant Legal Advisor of the US State Department, W.H. Taft IV and T.F. Buchwald, ‘Preemption, Iraq and international law’, The American Journal of International Law, vol. 97 (2003), pp. 557–563.CrossRefGoogle Scholar
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