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Re: FW: [casi] Repeated request

Dear Peter and List,

I am sorry to have to again repeat something I have tried to explain many
times. It seems to be a common mistake that appears in Pilger's article too.

It is not correct to say that "the 1991 war against Iraq was the only military
intervention the US have conducted with the permission of the Security Council
since the Korean War..".

The Security Council DID NOT give its permission to the US to attack Iraq....

First of all, there was no explicit authorization to use force.

Second, and most important, China abstained from voting, and thus the
requirement for the "concurring votes of the permanent members" was not satisfied.

I know that there have been arguments against this view, citing a ruling by
the ICJ. But the following facts remain, regardless of what the ICJ and its judges
may say:

1. Article 27 of the Charter clearly states that on substantive matter, there
must be the "concurring votes of the permanent members". The Charter does not
state "the permanent members present" as some have suggested, nor that "provided
no permanent members vote against it", as other have suggested.

2. In a previous post, I quoted the UN page, which explains the voting as
follows: "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." I think this should be quite self-explanatory, and the UN would
hardly put on its page wrong information regarding the mechanism of

3. I have also posted before a quote of a Statement by Secretary of State
Edward R. Stettinius, Jr. issued on March 5, 1945 which included the following:
"Where the Council is engaged in performing its political functions of action
for maintenance of peace and security, a difference is made between the permanent
members of the Council and other nations for the practical reason that the
permanent members of the Council must, as a matter of necessity, bear the
principal responsibility for action. Unanimous agreement among the permanent
members of the Council is therefore requisite. In such matters, therefore, the
concurrence of all the permanent members would be required."

I hope this explains more of the legal issue.

It is wrong, in my opinion, to accept what is being done as legal, simply
because it is done. We have a duty to oppose any violations of the UN Charter by
any state, especially now when Iraq's biggest "sin" is the allegation that it is
not respecting UN resolutions and Charter. It seems that the US will refuse to
allow the inspectors to go to Iraq under the current resolutions, and will veto
any resolution in the SC unless it gets a new resolution. The SC will accept,
rather than let the matter stand without a resolution knowing that the US will
attack anyway. I believe that here too, Russia and China will abstain, and the US
will go ahead and claim the resolution legal. We should be prepared for that...


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