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Billo_Really said:
This is from your professor:
“Armed force is permitted only in self-defense to an armed attack (UN Charter, art. 51) or with Security Council authorization (UN Charter, art. 42).”
http://jurist.law.pitt.edu/forum/forumnew107.php
As I previously said, and I repeat, we were authorized according to Chapter VII, which contains art. 42:
“Acting under Chapter VII of the Charter,
1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwil, to do so;
2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;” http://www.dalebroux.com/assemblage/...20UNRes678.asp
http://www.debatepolitics.com/showpost.php?p=84852&postcount=10
“ALL SUBSEQUENT RELEVANT RESOLUTIONS!” {that is yelling}
For your convenience this is from Chapter VII of the United Nations Charter:
“Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.”
“Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” http://www.un.org/aboutun/charter/index.html
And I will add this:
“The report sees no need to amend Article 51 of the UN Charter, which preserves the right of all states to act in self-defence against armed attack, including the right to take pre-emptive action against an imminent threat.”
(Courage to fulfil our responsibilities By Kofi A. Annan, UN Secretary-General Published in The Economist on Thursday, 2 December 2004) http://www.un.org/secureworld/oped.html
Now I have to repeat myself again:
“There are two other legal ways to attack a country:
1) Use Article 51 to defend yourself, like from terrorist sponsoring nations that have biased supporters with a veto power in the United Nations (of tyrants too).
2) Respond to the breaking of a cease-fire, like resolution 687.”
There was no resolution removing the authorization, “to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions” like the cease-fire resolution 687, there was no peace treaty, so we had the lawful right “to restore international peace and security in the area” when Iraq failed to comply with the law:
“H
32. Requires Iraq to inform the Security Council that it will not commit or support any act of international terrorism or allow any organization directed towards commission of such acts to operate within its territory and to condemn unequivocally and renounce all acts, methods and practices of terrorism;
I
33. Declares that, upon official notification by Iraq to the Secretary-General and to the Security Council of its acceptance of the provisions above, a formal cease-fire is effective between Iraq and Kuwait and the Member States cooperating with Kuwait in accordance with resolution 678 (1990);” http://www.fas.org/news/un/iraq/sres/sres0687.htm
I would love to debate the opinions of others, that have their opinions copied and pasted, but to debate them without them here would be talking like talking to the principalities of the air.