Re: IRAQ: Why a new Resolution is NEEDED.

From: Brett Paatsch (paatschb@ocean.com.au)
Date: Wed Feb 26 2003 - 02:54:53 MST

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    Wei Dai writes:
    [correcting my mistake on the following]
    > > (I provide the above just as background for those
    > > interested and point out that because the Security Council
    > > met "closed-door" the two plans are not available for public
    > > viewing.
    >
    > The US/Britain/Spain draft resolution is posted at
    > http://www.state.gov/p/io/rls/othr/17937.htm, and it just says:

    I stand corrected on the plan not being publicly available. This
    is good news. I think with the draft plan on the table it is much
    easier to work on solutions. Thanks for the correction.

    > OP1: Decides that Iraq has failed to take the final opportunity afforded
    > to it in resolution 1441 (2002);

    I still think my argument that it is for the Security Council to decide when
    the final opportunity as described in 1441 is at an end. I still think the
    reasoning is valid on that point.

    >
    > OP2: Decides to remain seized of the matter.

    So did point 14 of 1441. It is because the Security Council
     remains "seized of the matter" in 1441 that I don't think the
    US can act unilaterally (or with a new coalition of the willing -
     the UN itself was founded as a coalition of the willing) act
     outside it without breaching the Charter.

    >
    > Here's an article which says that the Security Council must
    > explicitly authorize force against Iraq for an invasion to be legal:
    > http://www.zmag.org/content/showarticle.cfm?SectionID=15&ItemID=2880 i
    > It argues that just saying Iraq is in material breach isn't enough.
    > It seems to me that the proposed U.S. resolution isn't really
    > sufficient either.

    Thanks I'll check it out.

    >
    > What do you think the consequences will be if the U.S. does
    > decide to breach the U.N. charter and invade Iraq without an
    > explicit authorization from the Security Council?

    This is still some time away, now that the draft resolution is on
    the table and there is time to focus minds, there is I think a real
    chance to make this whole exercise an extropic one. I.E. It is
    possible that the Security Council may be able to rise up a notch.
    It certainly seems to me that having a working Security Council
    in the UN version 2.0 is better for the US than no UN at all - the
    US would have to rebuild a "new Union" as a foreign policy
    priority if the old could not be preserved. A world with a majority
    of the worlds open societys governments and the majority of
    the worlds open society citizens disenfranchised is not a
    sustainable proposition. We already have better than that now.
    And such runs counter to the sort of confidence that makes
    globalisation work even economically. The better solution is a
    better UN not no UN.

    > BTW, isn't the U.S. already in breach of the
    > U.N. charter by enforcing the no-fly zones, which were never
    > authorized by the Security Council?

    I don't know I haven't checked.

    > What about the 1989 Panama invasion, which was not
    > authorized by the Security Council either?

    I don't know I haven't checked.

    > I haven't been able to find any amendments to the U.N. charter.
    > Do any exist?

    I don't know. I have been presuming the Charter at the UN
    home page is the current article. If it is not that could be very
    significant.

    > For example has the Security Council chapter been amended to
    > change one of the permanent members from the Soviet Union to
    > Russia?

    I think so. There is a list of Members of the United Nations
    at the UN Web site and the Soviet Union has been replaced by the
    Russian Federation. I also think I can recall this being talked about
    years when the Soviet Union was dissembled.

    - Brett



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