Iceland and "The Coalition Of The Willing": was Iceland's declaration of support legal according to Icelandic law

• Main Author: Hjalti Ómar Ágústsson 1968-
• Other Authors: Háskólinn á Akureyri
• Format: Thesis
• Language: English
• Published: 2011
• Subjects: Lögfræði; Íraksstríðið; Ísland; Keflavík; Iceland
• Online Access: http://hdl.handle.net/1946/9691

In a press briefing in the United States Department of State on 18 March 2003, Iceland’s name appeared on a list of nations who were willing to support in one way or another an invasion into Iraq without explicit Security Council support or authorization. These states are commonly known as “The Coalition of the Willing”. Consequently Iraq was invaded on 20 March 2003 by four member states of the Coalition. The invasion was justified based on a combination of Security Council resolution 1441 and prior resolutions which together were interpreted as giving implied authorization, and on anticipatory self-defense based on Article 51 of the UN Charter. The legality of the invasion has been contested as being a violation of international law and the Charter in particular. This thesis does not purport to bring the issues surrounding the legality of the invasion to a conclusion, the main justifications and criticisms thereof are discussed in the first half of the thesis rather to emphasize the complexity of the matter. The legality of the Icelandic government’s decision to join the Coalition according to Icelandic law is the main focus of this thesis and the latter half of the thesis is dedicated to that issue. In a statement by Prime Minister Davíð Oddson, published by the White House 26 March 2003, Iceland’s support is said to involve access to Keflavík Airport and flyover authorization in addition to political and humanitarian support. This raises questions as to whether the decision involves a servitude on Icelandic territory which can only be authorized by Althingi according to Article 21 of the Icelandic Constitution, and whether the duty consult with the Committee on Foreign Affairs, as prescribed in article 24 of law nr. 55/1991 on Althingi’s procedure, was fulfilled. It is the conclusion of this thesis that Althingi and the Committee on Foreign Affairs should both have been consulted and since they were not the decision was illegal according to Icelandic law. Á blaðamannafundi þann 18 mars 2003 í bandaríska ...