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[casi] Fw: [Tp2000-l] Defending the Charter

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----- Original Message -----
From: George Farebrother
Sent: Wednesday, February 26, 2003 7:08 PM
Subject: [Tp2000-l] Defending the Charter

The United Nations is not above the Law

The Institute for Law and Peace has just produced an important dossier under the above  title.  
This is a  collection of papers on  the legality of actions by the United  Nations, principally  
the Security Council, and the principles that should govern those actions.

The opening summary  The UN Charter does not Authorise this War points out that responsibility for 
deciding the degree of force needed to uphold international peace and security cannot be a matter 
for individual governments.  It has to be determined by the Security Council, itself a  body that 
is subject to the Rule of Law.  The  Council is legally obliged to act in accordance with the 
principles of its Charter.  A new resolution on Iraq would not be valid if it were obtained by 
threats or inducements  and must satisfy two tests.  There must be a current "threat to peace" and 
non-military measures must be "inadequate".  Any force used must also comply with the principles of 
International Humanitarian Law and be necessary, proportionate and discriminate.

An important section of the dossier stems from a meeting at  Charney Manor, a Quaker centre, in 
June last year.  Members  of the British Armed Forces Joint Doctrine and Concepts Centre considered 
ways of "enabling armed forces to be effective enforcers of peace, ... but without resort to war."  
Prior to that, military circles had usually consider Peace Enforcement to be tantamount to war.  
The dossier emphasises that there is a wide variety of responses to the present crisis which fall 
short of war but do not comprise "doing nothing".

The full text is available on

Inquiries to

George Farebrother
World Court Project UK

67 Summerheath Rd
Sussex BN 27 3DR
Phone and Fax +44 (0)1323 844 269

Or Kitty McVey
11 Langley Rd, Beckenham, Kent BR3 4AE
0208 650 8843

George Farebrother will not be available between 4 - 24 March

George Farebrother
World Court Project UK

67 Summerheath Rd
Sussex BN 27 3DR
Phone and Fax +44 (0)1323 844 269

The World Court Project is an international citizens' network which is working to publicise and 
have implemented the 8 July 1996 Advisory Opinion of the International Court of Justice on the 
legal status of the threat or use of nuclear weapons.


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