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Sanctions on Iran: UN Security Council passes wrong resolution PDF Print E-mail
Justice News
Thursday, 10 June 2010 00:43

Sanctions on Iran: UN Security Council passes wrong resolution
- Joan Russow  (PhD)– Global Compliance Research Project

It is obvious that the UN Security Council should be disbanded. The Council itself is in violation of a fundamental principle in the Charter of the United Nations :the sovereign equality of states. The UN General Assembly, which does represent the sovereign equality of states, would never have passed the resolution against Iran. The UN General Assembly, recently passes a resolution calling for the Middle East to be nuclear arms free and for Israel, a nuclear arms state, to ratify the Non Proliferation Treaty (NPT). Rather than condemning Iran, the UN Security Council, under the Uniting for Peace Resolution, should have deferred to the UN General Assembly, as a more legitimate body, and the UNGA should have passed the enclosed  resolution condemning Israel for its violation of  international law.

Proposal: UNGA Condemnation of the  Israel attack on the humanitarian flotilla

Recalling the fundamental peremptory principle under Article 2 1907 Geneva Convedntion  related to the protection of vessel with humanitarian provisions exempt from capture

Deploring the Israeli attack on  the flotilla in international waters which is in violation of international law, and thus all subsequent actions were equally

Aware that the Blockade is in violation of Article 33 of the Fourth Geneva Convention-collective punishment of civilians. It is a war crime in its own right.

Aware as well that the Israeli attack on the flotilla was in violation of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation.

Concerned  that the Israeli attack is in violation of several articles in the Law of the Sea. While Israel has not ratified the Convention, the articles of the Convention because of their almost universality have acquired the status of international customary law; and many of its provisions are international peremptory norms which, under article 53 of the Vienna Convention on the Law of Treaties, supersede other treaties.

Dismayed that the Israeli government has inflicted Torture on the detained members of the Flotilla, in violation of the Convention Against Torture:

Article 1

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

Reaffirming the Declaration for a Nuclear Arms Free Middle East, and the call for Israel – a nuclear arms state, to ratify the Non Proliferation Treaty (NPT)

the UN General Assembly

1. Condemns the attack by the Israeli Commandos on a flotilla carrying humanitarian aid to Gaza
2. Condemns the Israeli government for violating the Convention Against Torture-resulting from actions, against the detained flotilla\ -citizens in Israeli prisons
3. Condemns the blockade and call for the end to the blockade against Gaza
4. Urges Israel to permit access to humanitarian flotillas
5. Invokes Article 22 to set up an International Tribunal to investigate and prosecute Israeli war crimes, crimes against humanity and genocide against the Peoples of Lebanon and Palestine, Gaza
6. Demands that Israel as a nuclear arms state to ratify the NPT, and permit the IAEA to immediately inspect all nuclear facilities in Israel  ^
7. Proposes that the IAEA in addition inspect the nuclear arsenal of all member states including the arsenal of the five permanent members of the United Nations Security Council
8 Seeks an advisory opinion from the International Court of Justice about the legitimacy of a nuclear-arms-state dominated UN Security Council , and about the UNSC double standard of condemning Iran for the potential development of nuclear arms while ignoring the Israeli possession of Nuclear arms.


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