The following is an archived copy of a message sent to a Discussion List run by the Campaign Against Sanctions on Iraq.

Views expressed in this archived message are those of the author, not of the Campaign Against Sanctions on Iraq.

[Main archive index/search] [List information] [Campaign Against Sanctions on Iraq Homepage]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

[casi] Re: Why inpsections?

Dear All,

After posting my comment here, I received some excellent remarks from Mr.
Elias Davidsson, who also gave me permission to post them to this group for more
I am indebted to Elias for his valuable remarks.


"There might be some dispute on the qualification of "illegality" of the
resolutions you mention and lawyers do not agree on qualifying resolutions of the
SC as "illegal" even if they might be procedurallyimproper. A common term is
"ultra vires". In my view a political body does not make "illegal" decisions, but
may adopt "unconstitutional" decisions. The implementation of an
"unconstitutional" decision may however be illegal.

Thus, in relation to the decisions of the SC, I maintain that it is not the
SC resolutions which are "illegal", but their translation into administrative and
military acts that could, as the case may be, constitute illegal acts under
international law. For these reasons I do not see any base for charging the
members of the SC for criminal conduct (they are mere messengers for their States)
but consider that the political leaders who gave legal force to the implementation
of SC decisions, including the order to secure a vote within the Council, could be
charged of committing international crimes against the Iraqipeople.

Excuse me for these distinctions, but it is important in law to make them. I
am open to challenge."

Read the LATEST Regional and international news on Maktoob News.

Sent via the discussion list of the Campaign Against Sanctions on Iraq.
To unsubscribe, visit
To contact the list manager, email
All postings are archived on CASI's website:

[Campaign Against Sanctions on Iraq Homepage]