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Bucharest: Canada PDF Print E-mail
Peace News
Wednesday, 02 April 2008 01:22
Bucharest: Canada
(1) INVASION OF AFGHANISTAN WAS AN ACT OF REVENGE IN VIOLATION OF INTERNATIONAL LAW

Through Canada 's increased integration with US policy and through Canada's continued support for ill-conceived/illegal US operations such as those in Afghanistan, Canada has lost whatever credible international reputation it may have had. Canada has abandoned its longstanding multilateral approach in its supporting of US unilateralism.

The serious irreversible human, environmental, health, psychological economic and social consequences of war support the contention that under no conditions or circumstances is war legal or just, and that war must be de-legitimized as an option or even a last resort.

The seeds for delegitimizing war have been planted through the Charter of the United Nations and through over 60 years of UN instruments. For years, member states have incurred obligations under the charter, treaties, conventions, and covenants, made commitments under conference action plans, and created expectations through UN General Assembly Resolutions and Declarations that would, if implemented and enforced, give substance to the de-legitimization of war. From these instruments, peremptory norms, which further the rule of international law can be extracted (Russow, Submission to the Senate of Canada, October 17, 2005 }

Under the Preamble of the Charter of the United Nations the fundamental purposes of the Charter are delineated:
-to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind [humanity]

-to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
- to promote social progress and better standards of life in larger freedom,

Chapter VI, entitled "peaceful solutions of disputes", of the Charter of the United Nations, conforms to and upholds the fundamental purposes of the Charter of the United Nations, advances the de-legitimization of war, and promotes respect for the rule of international law through the International Court of Justice.

Under Chapter VI of the Charter of the United Nations a number of provisions have been established to bring about the peaceful settlement of disputes:
(i) The first provision is to counter conflict of interest in decision making related to peaceful solutions of disputes

Decisions under Chapter VI, are constrained by Article 27 which reads that a party to a dispute shall abstain from voting. This provision which is present in Chapter VI but is absent in Chapter VII, is consistently violated by the UN Security Council

(ii) The second provision to bring about peaceful settlement of disputes is recourse, under article 36, to the rule of international law, through the International Court of Justice:

Article 36 reads: "legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court".

Chapter .xiv complements Chapter VI in outlining the role of the International Court of Justice

Under Chapter xiv, Article 92 states that the International Court of Justice shall be the principal judicial organ of the United Nations...and under Article. 93 all members of the UN are ipso facto parties to the statute of the International Court of Justice, and under Article 94, each member of the United Nations undertakes to comply with the decision of the International Court of Justice in a case to which it is a party and under Article 96 there is the provision for the UN General Assembly, UN Security Council and other organs of the UN to request the International Court of Justice to give an advisory opinion on any legal question.

Under the Charter of the United Nations there is an important principle
Last Updated on Sunday, 20 July 2014 11:50
 

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