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and multilateralism, provides a critical view of the United States (U.S.) invasion of
Iraq. According to Glennon the invasion of Iraq by the U.S. greatly undermined the
functioning of the entire United Nation (UN) as an institution. To this point, Glennon
is on spot, but for him to dismiss the entire institution on the basis of the disagreement
over Iraq, and insinuate that the Security Council has become dysfunctional or
irrelevant, is to greatly distort the reality by viewing it through the prism of just one
issue.
Glennon article nevertheless offers an interesting and engaging reading regarding the
trio issues of international law, power and organisation (UN). Unfortunately, Glennon
only offers a singular perspective of the functioning of the United Nation Security
Council and indeed the UN as a whole. But Glennon is not alone in making such
grand assertions. Such views have been expressed elsewhere. Analyzing International
law and political dominance, Krisch makes the assertion that the two are almost
irreconcilable. (Krisch, 2005, p.371) Schmitt on the same note, points out that,
“powerful states consider International law as overly constraining, and turn to politics
instead” (Schmitt cited in Krisch 2005, p.135). Chomsky is also of the same opinion,
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J.N. Kiarie MA-security Studies- (joekiarie@mac.com)
he argues that the U.S. acts as a rogue Hegemon, that seeks to lead through might.
(Chomsky 2000)
In reference to the invasion of Iraq by the U.S., Glennon assumes that the main
function of the UNSC is to sanction the use of military force by a member state when
defending its national security interests. It is also in using this single and what appears
an isolated case that Glennon makes his strong case of the demise of the UNSC. In his
view, Glennon observes that the main objective of the UNSC (to subject the use of
force to the rule of law) had failed. He sees the whole scenario as a dramatic rupture
of the UNSC. But according to Luck this dramatic rapture did not spell the death of
the SC, but the illusion that it is was meant to function like a court. (Luck 2003)
To suggest that the organization has not only become irrelevant but is also dead, is to
overlook the independence of the SC. The SC refusal to rubber stamp the U.S.
urgency to invade Iraq is a clear pointer to its autonomy. Glennon seems to expect the
UN to succeed or at least to agree with the U.S. all the time. The fact that the council
did not ultimately agree, however, strengthens, rather than dilutes its success. The
council's refusal to serve as a rubber stamp for U.S. will give any future support it
When an individual violates the domestic law, it does not translate to the demise of
the rule of law or the collapse of the entire judicial institution, but according to
Glennon, this is exactly what happens when an individual state acts in defiance of the
UN; violation of one of its principles means its downfall. The National Security
Strategy of the U.S. stated that, "no nation can build a safer, better world alone."
(Bush 2002) This document underpins the U.S. commitment to multilateralism. The
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J.N. Kiarie MA-security Studies- (joekiarie@mac.com)
adoption of resolution 1483, granted the UN a significant role in postwar Iraq. The
unanimous adoption reflects the relevance and the esteem at which the U.S. and the
world at large hold the UN. Former Secretary-General Koffi Annan view of the UN
underpins this notion; he observed that there is no substitute for the unique legitimacy
that the UN provides. But it is probably the words of Dag Hammarskjöld, the UN's
second secretary-general that perhaps best capture the role of the UN, he argues that
“the UN was not created to take humanity to heaven but to save it from hell” (Quoted
in Shashi 2003)
Reaching his overly dramatic conclusion that the UNSC and indeed the UN as a
maximalist view on the role of global power. Second on international rule of law, he
Anne-Marie slaughter argues that the UN is only a legal framework for political
Glennon implies. She further argues that the UNSC was largely created to prevent war
between the major powers, an objective the institution has achieved quite well.
(Slaughter 2003)
Glennon first assumption that the U.S. is becoming a hyper power bent on assuming a
between power, international law and multilateralism do exist. Most of the times
international law and organizations have been aided by hegemonic states. Frank
argues that, “International law does not pull powerful states towards compliance
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contrary to their interests.” (Frank 2006, p. 91) even a powerful state like the U.S.,
most of the times, uses the Law to legitimize its action or allow itself to be restrained
by the very same law. Its not in all cases that the U.S. flexes its hard power muscles;
at times it uses its soft power in its relation with other states. As Shashi argues,
multilateralism is not only a means but also an end. Most states act both unilaterally
and multilaterally at times: the former in defense of their national security or in their
Glennon also seem to ignore the progress the UN has made since its inception, but he
is quick to criticize it even when criticism is uncalled for. With the invasion of
Kosovo, the U.S. did not even bother to seek NATO approval leave alone inform it
but in Iraq there was at least an attempt to invoke both legal and power symbolism,
seeking to strike a balance between power and rule of law, something Glennon
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J.N. Kiarie MA-security Studies- (joekiarie@mac.com)
References
Anne-Marie Slaughter, Staying Alive, The Rumors of the UN’s Death Have Been
George W. Bush, Bush's National Security Strategy, Common Dreams News Center,
Chomsky, N., 2000. Rogue States: The Rule of Force in World Affairs, Pluto Press.
Edward C. Luck, Staying Alive, The Rumors of the UN’s Death Have Been
Frank, M., T., 2006. The power of legitimacy and the legitimacy of power:
International law in an image of power disequilibrium, The American journal of
International law, Vol. 100:88, pp88-106
Ian Hard, The Rumors of the UN’s Death Have Been Exaggerated: Too Legit to Quit,
Krisch, N., 2005. International Law in Times of Hegemony: Unequal Power and the
Shaping of the International Legal Order, The European Journal of International Law,
Vol. 16 No. 3, 369–408 Available at
http://ejil.oxfordjournals.org/cgi/content/abstract/16/3/369 accessed on 27 December
2007
Tharoor, Shashi. 2003. "Why America Still Needs the United Nations." Foreign
Affairs 82, no. 5: 67-80. Available at
http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=10580759&site=e
host-live accessed on January 14, 2008