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The 'International Community' of hyenas and vultures
On the so-called
“Iraq war” according to international Law

Gabriele Zamparini, The Cat's dream

un.gif

July 7, 2006

"I'm gonna make him an offer he can't refuse." - Don Vito Corleone (1)


INTRODUCTION

UN Secretary General Kofi Annan called the US-led invasion of Iraq, "an illegal act that contravened the UN charter" (2).

The international crime Bush, Blair and their associates committed BEFORE, ON and AFTER 20 March 2003 had already been judged by the International Military Tribunal for the Trial of German Major War Criminals (Nuremberg, Germany 1946): "To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes [Abu Ghraib, Falluja, Haditha, etc.] in that it contains within itself the accumulated evil of the whole."

After WWII "WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war… and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights… of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained… AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest… HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments… have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations. " (3)

On 24 October 1970 the United Nations General Assembly adopted RESOLUTION 2625 (XXV): Declaration on Principles of international Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

This Resolution "Solemnly proclaims… The principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations" (4)

The Resolution goes on:
"Every State has the duty to refrain in its international relations from the threat or use of force against the ter-ritorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues.

"A war of aggression constitutes a crime against the peace, for which there is responsibility under international law.

"In accordance with the purposes and principles of the United Nations, States have the duty to refrain from propaganda for wars of aggression." [emphasis added]


1. THE UN SECURITY COUNCIL AND THE US-LED WAR OF AGGRESSION AGAINST IRAQ

The UN Security Council is composed of five permanent members — China, France, Russian Federation, the United Kingdom and the United States — and ten non-permament members. Each Council member has one vote. Decisions on procedural matters are made by an affirmative vote of at least nine of the 15 members. Decisions on substantive matters require nine votes, including the concurring votes of all five permanent members. This is the rule of "great Power unanimity", often referred to as the "veto" power. Two of the five permanent members – the United Kingdom and the United States – have just committed that "war of aggression [invasion and occupation of Iraq, that] constitutes a crime against the peace, for which there is responsibility under international law".


The UN Security Council, after "Reaffirming the respect for the right of the people of Iraq to determine their own political future and to control their own natural resources, Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq… [and after] Requesting all parties concerned to strictly abide by their obligations under international law, in particular the Geneva Conventions and the Hague Regulations, including those relating to the essential civilian needs of the people of Iraq, both inside and outside Iraq" (5) becomes a main actor in the "new Iraq" already on 22 May 2003 with Resolution 1483
"The Security Council,

(…)

Reaffirming also the importance of the disarmament of Iraqi weapons of mass destruction and of eventual confirmation of the disarmament of Iraq, (…)
Since NO WMD were found in Iraq, what’s this "importance" ?
Encouraging efforts by the people of Iraq to form a representative government based on the rule of law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, religion, or gender, and, in this connection, recalls resolution 1325 (2000) of 31 October 2000, (…)
Is the UN Security Council "Encouraging efforts by the people of Iraq" or instead starting to legitimize the occupation of a Member State by an alliance led by those two "Great Powers", permanent Members of the UN Security Council? Let’s see…
Noting the statement of 12 April 2003 by the Ministers of Finance and Central Bank Governors of the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the International Monetary Fund and the World Bank in these efforts, (…)
The UN Security Council "noted" (sic!) the G7 "statement" recognizing "the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the International Monetary Fund and the World Bank in these efforts". Translation: the hyenas and vultures of the International Community invited themselves to a fat banquet and demanded Iraq to be open for (THEIR) business.
Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi regime, (…)
One could only imagine the joy of Kenneth Roth [executive director of Human Rights Watch] when he read these UN Security Council’s words. Imagination confirmed on 15 December 2003 when he wrote: "One can only rejoice at the capture of Saddam Hussein. Few people are more deserving of trial and punishment. U.S. forces deserve credit for arresting the deposed dictator so that his crimes can be presented and condemned in a court of law, rather than arranging to kill him in combat." (6) [emphasis added]

The "previous Iraqi regime" has become "previous" following the "crime against the peace" committed by the US-led "war of aggression" against Iraq, "for which there is responsibility under international law". [emphasis added]

Also, the United Nations General Assembly’s RESOLUTION 2625 (XXV) "Solemnly proclaims… The principle concerning the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter".

The UN Security Council Resolution 1483 continues:

Acting under Chapter VII of the Charter of the United Nations,

1. Appeals to Member States and concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq in accordance with this resolution; (…)
The UN Security Council "appeals" to the International Community "to assist the people of Iraq in their efforts to reform their institutions and rebuild their country". How much nobility! One wonders why the same Security Council (or the UN Secretary General) did not "appeal" to the International Community when the "crime against the peace", the invasion of Iraq, was about to take place.

Following this US-led "war of aggression" against Iraq, "for which there is responsibility under international law", the Occupying Power (the US and its British vassal) started "their efforts to reform [Iraqi] institutions…". So, the UN Security Council Resolution 1483 "Appeals to Member States and concerned organizations to assist the [Occupying Powers] in their efforts to reform [Iraqi] institutions…".
3. Appeals to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice; (…)
The UN Security Council "Appeals to Member States" to violate international Law and to support "a crime against the peace".

Following the US-led "war of aggression" against Iraq, "for which there is responsibility under international law", the People of Iraq started a National Resistance AGAINST the foreign occupation of THEIR country. This Resistance is recognized by the UN Charter and the whole building of international Law. The United Nations General Assembly’s RESOLUTION 2625 (XXV) "Solemnly proclaims… the principle of equal rights and self-determination of peoples [and] the principle of sovereign equality of States".

Whatever propagandistic expression the International Community calls those opposing the foreign, military occupation of Iraq [insurgency, terrorism, etc.], the Iraqi Resistance is recognized by international Law.
8. Requests the Secretary-General to appoint a Special Representative for Iraq (…) and, in coordination with the Authority, assisting the people of Iraq through: (…) (c) working intensively with the Authority (…) including by working together to facilitate a process leading to an internationally recognized, representative government of Iraq;
The UN Security Council "requests" the Secretary-General and the International Community to become COLLABORATIONISTS with the Occupying Power. From this moment, the UN Security Council becomes a full actor in the darkest scandal of our time.

Summertime at the United Nations

On 14 August 2003, the UN Security Council adopts Resolution 1500
The Security Council,

(…)

1. Welcomes the establishment of the broadly representative Governing Council of Iraq on 13 July 2003, as an important step towards the formation by the people of Iraq of an internationally recognized, representative government that will exercise the sovereignty of Iraq;
These fifteen members of the UN Security Council, protected from the New York summer by a well functioning air-conditioning system, WELCOME "the establishment of the broadly representative [sic!] Governing Council of Iraq…". The Security Council CERTIFIES the effects of a "war of aggression [that] constitutes a crime against the peace, for which there is responsibility under international law" and VIOLATES the international Law’s principles "of equal rights and self-determination of peoples" and "of sovereign equality of States".
2. Decides to establish the United Nations Assistance Mission for Iraq to support the Secretary-General in the fulfilment of his mandate under resolution 1483 (…)
The UN Mission has to be seen in this frame of COLLABORATIONISM with the Occupying Power.

After the summer comes the fall and the UN Security Council adopts Resolution 1511 on 16 October 2003.
The Security Council,

Reaffirming its previous resolutions on Iraq, including resolution 1483 (2003) of 22 May 2003 and 1500 (2003) of 14 August 2003, and on threats to peace and security caused by terrorist acts, including resolution 1373 (2001) of 28 September 2001, and other relevant resolutions,

Underscoring that the sovereignty of Iraq resides in the State of Iraq, reaffirming the right of the Iraqi people freely to determine their own political future and control their own natural resources, reiterating its resolve that the day when Iraqis govern themselves must come quickly, and recognizing the importance of international support, particularly that of countries in the region, Iraq’s neighbours, and regional organizations, in taking forward this process expeditiously, (…)

Acting under Chapter VII of the Charter of the United Nations,

1. Reaffirms the sovereignty and territorial integrity of Iraq, and underscores, in that context, the temporary nature of the exercise by the Coalition Provisional Authority (…)

4. Determines that the Governing Council and its ministers are the principal bodies of the Iraqi interim administration, which, without prejudice to its further evolution, embodies the sovereignty of the State of Iraq during the transitional period until an internationally recognized, representative government is established and assumes the responsibilities of the Authority;
The UN Security Council "Determines that the Governing Council… embodies the sovereignty of the State of Iraq during the transitional period…". Translation: we don’t give a damn of international Law and are just obeying the boss who’s made us an offer we can’t refuse…
13. Determines that the provision of security and stability is essential to the successful completion of the political process (…) and authorizes a multinational force under unified command to take all necessary measures to contribute to the maintenance of security and stability in Iraq, including for the purpose of ensuring necessary conditions for the implementation of the timetable and programme as well as to contribute to the security of the United Nations Assistance Mission for Iraq, the Governing Council of Iraq and other institutions of the Iraqi interim administration, and key humanitarian and economic infrastructure;
The UN Security Council "authorizes a multinational force". Finally we got to the point that’s been at the centre of much discussion even within that large sector of the international public opinion that had always been against the "crime against the peace", the "war of aggression" against Iraq. It’s been said that because of these UN Security Council resolutions, the presence of the US-led coalition troops in Iraq would have been legalized according to international Law.

Is the UN Security Council above international Law? Can the UN Security Council violate the whole building of international Law, starting with the UN Charter?

The UN Security Council MASTERPIECE

On 8 June 2004, the UN Security Council adopts Resolution 1546
The Security Council,

Welcoming the beginning of a new phase in Iraq’s transition to a democratically elected government, and looking forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq by 30 June 2004, (…)[emphasis added]

Reaffirming the independence, sovereignty, unity, and territorial integrity of Iraq,

Reaffirming also the right of the Iraqi people freely to determine their own political future and control their own natural resources, (…)

Taking note of the dissolution of the Governing Council of Iraq, and welcoming the progress made in implementing the arrangements for Iraq’s political transition referred to in resolution 1511 (2003) of 16 October 2003,

Welcoming the commitment of the Interim Government of Iraq to work towards a federal, democratic, pluralist, and unified Iraq, in which there is full respect for political and human rights, (…) [emphasis added]

Affirming the importance of the rule of law, national reconciliation, respect for human rights including the rights of women, fundamental freedoms, and democracy including free and fair elections, [emphasis added]

Recalling the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, and affirming that the United Nations should play a leading role in assisting the Iraqi people and government in the formation of institutions for representative government, (…) [emphasis added]

Noting the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to cooperate with relevant international organizations, (…)[emphasis added]

Acting under Chapter VII of the Charter of the United Nations,

1. Endorses the formation of a sovereign Interim Government of Iraq, as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq’s destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office as envisaged in paragraph four below; [emphasis added]

2. Welcomes that, also by 30 June 2004, the occupation will end and the Coalition Provisional Authority will cease to exist, and that Iraq will reassert its full sovereignty; [emphasis added]

3. Reaffirms the right of the Iraqi people freely to determine their own political future and to exercise full authority and control over their financial and natural resources;

4. Endorses the proposed timetable for Iraq’s political transition to democratic government including: (…) [emphasis added]

8. Welcomes ongoing efforts by the incoming Interim Government of Iraq to develop Iraqi security forces including the Iraqi armed forces (hereinafter referred to as "Iraqi security forces"), operating under the authority of the Interim Government of Iraq and its successors, which will progressively play a greater role and ultimately assume full responsibility for the maintenance of security and stability in Iraq; [emphasis added]

9. Notes that the presence of the multinational force in Iraq is at the request of the incoming Interim Government of Iraq and therefore reaffirms the authorization for the multinational force under unified command established under resolution 1511 (2003), having regard to the letters annexed to this resolution; (…) [emphasis added]
There are two letters annexed to this resolution. The first letter is from the Prime Minister of the Interim Government of Iraq Dr. Ayad Allawi and the other letter is from the United States Secretary of State Colin L. Powell. Both are addressed to the President of the UN Security Council.

In other words, "the presence of the multinational force in Iraq is at the request of" Dr. Ayad Allawi. [If you don’t know who Dr. Ayad Allawi is, you may want to find it out on Google].
11. Welcomes, in this regard, the letters annexed to this resolution stating, inter alia, that arrangements are being put in place to establish a security partnership between the sovereign Government of Iraq and the multinational force and to ensure coordination between the two (…)

12. Decides further that the mandate for the multinational force shall be reviewed at the request of the Government of Iraq… and declares that it will terminate this mandate earlier if requested by the Government of Iraq;

17. Condemns all acts of terrorism in Iraq (…)


2. HUMAN RIGHTS

The Office of the High Commissioner for Human Rights issued "General Recommendation No. 21: Right to self-determination" on 23 August 1996.
2. The right to self-determination of peoples is a fundamental principle of international law. It is enshrined in article 1 of the Charter of the United Nations, in article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, as well as in other international human rights instruments. The International Covenant on Civil and Political Rights provides for the rights of peoples to self-determination besides the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion or to use their own language.

3. The Committee emphasizes that in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, approved by the United Nations General Assembly in its resolution 2625 (XXV) of 24 October 1970, it is the duty of States to promote the right to self determination of peoples. But the implementation of the principle of self-determination requires every State to promote, through joint and separate action, universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. In this context the Committee draws the attention of Governments to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the General Assembly in its resolution 47/135 of 18 December 1992.

4. In respect of the self-determination of peoples two aspects have to be distinguished. The right to self-determination of peoples has an internal aspect, that is to say, the rights of all peoples to pursue freely their economic, social and cultural development without outside interference. In that respect there exists a link with the right of every citizen to take part in the conduct of public affairs at any level, as referred to in article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination. In consequence, Governments are to represent the whole population without distinction as to race, colour, descent or national or ethnic origin. The external aspect of self-determination implies that all peoples have the right to determine freely their political status and their place in the international community based upon the principle of equal rights and exemplified by the liberation of peoples from colonialism and by the prohibition to subject peoples to alien subjugation, domination and exploitation. (…) [emphasis added]


CONCLUSIONS

Since the International Community of hyenas and vultures has hijacked the UN Security Council and since the latter has betrayed its role according to international Law, starting with the UN Charter, it’s upon us, WE THE PEOPLES OF THE UNITED NATIONS:
1) to UPHOLD international Law;

2) to SUPPORT the Iraqi People’s JUST STRUGGLE for freedom and independence AGAINST the US-led illegal invasion-occupation of a Member State of OUR Community; and

3) to bring those responsible for this "crime against the peace" to Justice.


Also recalling "Lynching Saddam - Parts 1-7" (7):
a) Saddam Hussein is NOT a Prisoner of War but according to international Law his legal status is much closer to a head of state KIDNAPPED by a foreign power while committing the "crime against the peace", the "war of aggression" against Iraq. He’s now held HOSTAGE by that foreign power together with the illegitimate so-called "government" of Iraq;

b) Saddam Hussein’s trial is a mockery of Justice and has NO foundation whatsoever, both according to Iraqi Law and to international Law;

c) According to international Law, IT’S UPON THE IRAQI PEOPLE to decide the destiny of THEIR OWN COUNTRY together with the destiny of THEIR OWN PRESIDENT Saddam Hussein;

d) The Point (c) above can only be accomplished once the IRAQI PEOPLE take THEIR Country back from the foreign invaders that committed the "crime against the peace", the "war of aggression" against Iraq;

e) Until that point and according to international Law, the IRAQI RESISTANCE exercises the SOVEREIGNTY OF IRAQ.


NOTES

1) THE GODFATHER by Mario Puzo and Francis Ford Coppola, 1972

2) "Iraq war illegal, says Annan", BBC News website, Thursday, 16 September, 2004

3) Charter of the United Nations – Preamble

4) RESOLUTION 2625 (XXV), United Nations General Assembly, 24 October 1970

5) UN Security Council Resolutions: 1472 (2003) and 1476 (2003)

6) Try Saddam in an international court, Kenneth Roth, International Herald Tribune, December 15, 2003. Read also Lynching Saddam – Part 7: the Myth of Human Rights, By Gabriele Zamparini, The Cat’s Blog, June 30, 2006

7) Lynching Saddam – Parts 1-7, Gabriele Zamparini, The Cat’s Blog, 21/30 June 2006


(*) Gabriele Zamparini is an independent filmmaker, writer and journalist living in London. He's the producer and director of the documentaries XXI CENTURY and The Peace! DVD and author of American Voices of Dissent (Paradigm Publishers). He can be reached at info@thecatsdream.com - Find out more about him and his work at http://TheCatsDream.com


:: Article nr. 24449 sent on 07-jul-2006 14:45 ECT

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Link: www.thecatsdream.com/blog/2006/07/international-community-of-hyenas-and_07.htm



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