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In this exercise we are required to investigate a claim that touts Australias active participation Iraq as illegal First we will look at whether there is merit in the debate in terms of the extent to which International resolutions influence Australian Law Then we will then further consider whether Australian courts are able to intervene and review our physical involvement in the conflict The constitutive law of the United Nations is its Charter and its contents prescribe the conditions of international conflict for all its members The question of whether war against Iraq is valid at international law hinges on whether there has been a breach of the Charter It can be seen that therein exists a general veto on the use of force Article 24 details an explicit refrainfrom the threat of force and such is subject to two exceptions action taken with the authority of the Security Council and self-defence in response to an armed attack In this respect it can be said that the charter would be breached if troops were committed as the proposed use of force is not an exercise of self-defense and is in the absence of authorization Simply members would not be acting in accordance with the decisions of the Security council However whether these resolutions are binding on domestic law will ultimately determine the legality of the conflict in Australia It is generally accepted that Australian law does not recognise the conditions of international treaties as enforceable unless they are first incorporated through executive and legislative action The authority established in Bradley v The Commonwealth supports this concept wherein it was held that the Charter of the United Nations was not exercisable upon individuals in Australia as neither the charter nor the resolutions of the Security Council had been carried into effect by legislation As discussed in the judgement the resolutions of the Security Council are not incorporated in the law of the Commonwealth this
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