Jurjen Smies, across at No Cameras takes up the argument once more:
All right, let’s go over this again. UNSC resolution 678 (1990) authorised armed force against Iraq. UNSC resolution 687 (1991) set the terms of a cease-fire between the members of the 1991 Coalition and Iraq. UNSC resolution 1441 (2002) affirmed that Iraq was in “material breach” of its obligations under resolution 687 and gave it one last chance to comply, which Iraq failed to do. Since Iraq had violated the terms of the cease-fire, the other parties to the cease-fire were therefore justified in resuming hostilities. The weak link here is arguably 687, since the UN Security Council declared the cease-fire between the members of the Coalition and Iraq and therefore, or so the argument goes, it is up to the UNSC to authorise resumption of hostilities. But is that really the case? The sneaky bit about the wording of 687 is that the cease-fire is not between the UNSC and Iraq, but between the members of the Coalition and Iraq; the cease-fire is merely brokered by the UNSC (and its agent, the Secretary-General of the UN). Now, I believe you’re going to be very hard-pressed indeed to find a legal precedent of a cease-fire agreement entered into by two parties where a resumption of hostilities by one party in response to a violation by the other first had to be approved by whoever brokered the agreement.
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This was, in broad terms, the argument wielded by the government of the United Kingdom (and declared valid by its Attorney-General), and also that of the United States…
There’s more and it’s all interesting. In the course of making the argument Jurjen has something rather unflattering to say about Richard Perle.