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Attack on Baghdad without new UN resolution illegal

Discussion in 'BBS Hangout' started by Invisible Fan, Nov 20, 2002.

  1. Invisible Fan

    Invisible Fan Member

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    This is a kick in the pants for the Powell camp...

    http://www.guardian.co.uk/Iraq/Story/0,2763,843585,00.html

    <font size=5>Attack on Baghdad without new UN resolution illegal, says QC </font>

    Britain and the US would be in breach of international law if they use force against Iraq without a new UN resolution, a leading barrister warned yesterday

    Richard Norton-Taylor
    Wednesday November 20, 2002
    The Guardian

    Resolution 1441 - agreed unanimously last week in the UN security council after months of wrangling - does not authorise the use of force, Rabinder Singh QC has advised the Campaign for Nuclear Disarmament.
    In a joint opinion with Charlotte Kilroy, who is also from London's Matrix chambers, he says the use of force against Iraq would not be justified under international law un less: Baghdad mounted a direct attack on the UK or one of its allies and that ally requested help; an attack by Iraq on the UK or one of its allies was imminent and could be averted in no way other than by the use of force; or if the UN security council authorised the use of force in clear terms.

    The lawyers point out that the US and Britain attempted - but failed - to get express authorisation for such terms in the resolution.

    They said: "This was for reasons which the other security council permanent members, Russia, China and France made clear: they did not want the resolution to authorise force."

    The British and American governments have repeatedly said they do not need a new resolution to attack Iraq.

    CND has told ministers that the government will face a legal challenge unless it receives a written guarantee that the UK will not use armed force against Iraq without a further resolution.
     
  2. Major

    Major Member

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    This kind stuff of stuff is EXACTLY why that last resolution sucked. Ideally, they needed a commitment not only to allow the US to attack, but to require coalition forces to support the effort.
     
  3. Pole

    Pole Lies, damn lies, stats, and peer reviewed studies
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    That's the neat thing about legal verbiage.....it's open to all sorts of interpretation.

    My first question was Rabinder who?

    So I did a quick search on the good barrister. Rabinder Singh: Specializing in human rights law and author of 'The Future of Human Rights in the United Kingdom.'

    I'm not so myopic as to believe that the world is better off without people like the good barrister, but is it really any wonder that he didn't interpret the resolution as to mean that we should just bomb Iraq into oblivion at the first sight of opposition.
     
  4. No Worries

    No Worries Wensleydale Only Fan
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  5. MadMax

    MadMax Member

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    Worthless...not the resolution...but this "legal opinon"...absolutely worthless...when push comes to shove, i bet it's not as "up for interpretation" as it might seem to be. we're already hearing tough words for iraq from france and russia.
     
  6. Refman

    Refman Member

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    The resolution requires the security council to reconvene prior to military action. My take is that the language in the resolution came with a lot of backroom deals. "If you will come back to the Council first we'll form a coalition and then attack."

    Just my two cents.
     
  7. TheFreak

    TheFreak Member

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    But what does the Catholic Church think?
     
  8. haven

    haven Member

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    International law is a joke. Law is only as binding as the enforcement mechanism behind it. What's the enforcement mechanism of the UN? Oh yes, the US... how silly of me to forget.

    "America... you've been bad! Now punish yourself!"
     
  9. MadMax

    MadMax Member

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    excellent point!
     
  10. Refman

    Refman Member

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    This is the fact that many would like to forget or ignore.
     
  11. glynch

    glynch Member

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    Blix bears brunt of hawks'frustration

    Right finds new target after losing argument to fight swift war on Iraq

    Suzanne Goldenberg in Washington
    Tuesday November 19, 2002
    The Guardian

    The claims by Hans Blix, the chief weapons inspector, that he has been the target of a smear campaign by Pentagon hawks is the culmination of months of tension at the heart of the Bush administration about the UN inspection team.
    Earlier this year the deputy secretary for defence, Paul Wolfowitz, ordered a CIA report on why Mr Blix, as chief of the International Atomic Energy Agency during the 1980s and 1990s, failed to detect Iraqi nuclear activity. Mr Blix has much more sweeping powers now, but that fact has failed to banish the suspicions of a cluster of hardliners in the administration that includes Mr Wolfowitz, Douglas Feith, the under-secretary for defence, and John Bolton, the deputy secretary of state.

    "There are a whole group of people in this administration who are against multilateral institutions, and also the people that staff them," said Joseph Cirincione, the director of the non-proliferation project at the Carnegie Endowment for International Peace. "Hans Blix to some of these people is the embodiment of everything that is wrong with the multilateral approach."

    The resurrection of UN arms inspections for Iraq is seen as a defeat for the hawkish sections of the administration - both for relatively straightforward nationalists such as the vice-president, Dick Cheney, and the defence secretary, Donald Rumsfeld, as well as for the faction led by Mr Wolfowitz, who have been described by scholars as "democratic imperialists".

    Mr Wolfowitz, influenced by Richard Perle, chairman of the defence policy board, is believed to view US military action in Iraq as the first step in a larger project of realignment and democratisation of the Middle East.

    For months, the hardliners pressed home the case for a military strike against Iraq, ratcheting up their arguments to such an extent that intelligence officials complained of intense pressure to cook up information that would support a war.


    more
     
  12. Refman

    Refman Member

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    This is how multilateral organizations work. One member wants to do something...says nasty things about those who oppose...and eventually a decision is made.

    There is nothing unique about this.
     
  13. DaDakota

    DaDakota Arrest all Pedophiles
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    This is why the UN is pretty much powerless.

    Whenever the UN needs power, which nation does it turn to? Yep, the USA.

    DaDakota
     

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