Brigham Young University Prelaw Review


War Powers, Preemptive War, International Law, Security Council, Iraq War


In March 2003, the United States declared official war on Iraq out of fear that Suddam Hussein has nuclear weapons. This war was declared after the United Nations Security Council ruled that the Preemptive War was illegal. Preemptive War is a strange loophole under the War Powers Act and gives the President ability to declare war under the potential of a future threat. The Iraq War did not yield the intended results nor were any nuclear weapons found. Had congress been mandated under an amendment to approve the Preemptive War, the poor consequences both on a domestic and international level could have been avoided. With the ever-increasing forces of globalization, the need for international consideration and a balance of voices moving forward in the potential declaration of war in imperative to a safer world.