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Paul Merrell

DailyTech - Pakistani Court Accuses U.S. of War Crimes for Drone Strikes - 0 views

  • In response four petitions by tribal leaders complaining that U.S. drone strikes were killing civilians, Chief Justice Dost Muhammad Khan and the junior judge on Pakistan two-judge Peshawar High Court panel decided that the drone were war crimes as they killed innocent civilians. The panel says that the drone strikes were inhumane and violated the UN Charter on Human Rights.  The court is asking the government of Pakistan to push a UN resolution to condemn the strikes and declare them a war crimes, writing [according to translation by The Press Trust of India, "The government of Pakistan must ensure that no drone strike takes place in the future.  If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US."
  • Shahzad Akbar, lawyer for victims in the case, is quoted as saying, "This is a landmark judgment. Drone victims in Waziristan will now get some justice after a long wait. This judgment will also prove to be a test for the new government: if drone strikes continue and the government fails to act, it will run the risk of contempt of court."
  • The administration also does have a policy of paying the family of civilians it kills in the Middle East "grief payments" of a few thousand dollars per body. While the current administration may be hesistant to take action in the UN against the U.S. elections are fast approaching.  This Saturday's election sees the Pakistan Muslim League (PML-N) party leading in current polls.  Former Prime Minister Nawaz Sharif, the party's leader, promises a zero-tolerance policy on drone strike civilian deaths.  He comments, "Drone attacks are against the national sovereignty and a challenge for the country's autonomy and independence." The U.S. has often accused hostile regimes like the governments of Syria, Sudan, Iran, and North Korea of war crimes in recent years.  However, it has seldom been on the receiving end of such accusations, despite an aggressive (and expensive) overseas military program.
Paul Merrell

'This Week' Transcript: Ambassador Samantha Power - ABC News - 0 views

  • STEPHANOPOULOS: And we are joined now by the U.S. Ambassador to the United Nations Samantha Power. Thanks for coming back to This Week. And you know, the president said he's prepared to strike Syria. Those strikes could be imminent. Will the United States try to get UN Security Council authorization first? Or do you accept now that's just not going to be possible? SAMANTHA POWER, U.S. AMBASSADOR TO THE UNITED NATIONS: Well, let me say that Secretary Kerry just convened a meeting of the Security Council on Friday which showcased just how much support there is on the Security Council and in the broader international community for the anti-ISIL effort. STEPHANOPOULOS: But the Russia veto.
  • POWER: Russia has vetoed in the past, but on very different issues. I think Russia has made clear for a long time its opposition to ISIL. The Iraqis have appealed to the international community to come to their defense not only in Iraq, but also to go after safe havens in foreign countries. And what they mean by that of course is Syria. And they're quite explicit about that. So they have made an appeal to the international community for collective defense. And we think we have a legal basis we need if the president decides... STEPHANOPOULOS: Without a UN authorization. POWER: Consistent with the UN charter, we -- it will depend on the facts and circumstances of any particular strike in Syria, but we have a legal basis we need.
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    Context: U.S. Ambassador to the U.N., Samantha Power, holds the U.N. Security Council's rotating chair this month. Powers'  claims a right for the U.S. to wage war against ISIL in Syria on grounds of the collective security exception to the U.N. Charter's prohibition; that is, that the U.S. has a collective security agreement with the nation of Iraq, that makes it lawful for the U.S. to strike ISIL. True enough as a matter of international law, ignoring the fact that Obama has yet to obtain permission from the U.S. Congress, which the U.S. Constitution requires him to do. But ISIL is not the nation of Syria; hence to attack ISIL in Syria, an additional exception is necessary for both Iraq and the U.S. The only other recognized exception that might seem to do deals with the situation when a nation in which a private organization inflicting harm on another nation  is "unwilling or unable" to protect the second nation (Iraq) from the depradations of the private organization. And that is where Powers' legal analysis dissembles because the U.S. has been actively attempting to overthrow the Syrian government via proxy terrorist organizations including ISIL. So the U.S. lacks clean hands in claiming any lawful right to invade Syria on the theory that the Syrian government is unwilling or unable to put down the ISIL organization. The Syrian government is certainly willing and has been attempting to do so. But its inability to do so thus far is entirely due to the U.S., its Gulf Coast state allies, and its ally Turkey continuing to supply ISIL and other terrorist groups in Syria with weapons, training, and supplies, aimed at overthrowing the Syrian government. The doctrine of unclean hands has limited applicability in international law governing human rights. See Lisa LaPlante, The Law of Remedies and the Clean Hands Doctrine: Exclusionary Reparation Policies in Peru's Political Transition, 23 Am Univ Int Law Rev 50 (2007), https://digitalcommons.wcl.american.edu/cg
Paul Merrell

Iraq appeals to UN and demands Turkey withdraw troops from its north | World news | The Guardian - 0 views

  • Earlier on Friday, Abadi asked his foreign ministry to submit a complaint to the United Nations about the presence of Turkish troops near the Isis-held city of Mosul. Abadi asked the security council to “shoulder its responsibilities” and order the withdrawal of the Turkish troops. “This is a flagrant violation of the provisions and principles of the UN charter and in violation of the sanctity of Iraqi territory,” a statement from his office said. US ambassador Samantha Power, the current council president, said on Friday night: “There’s growing alarm from the Iraqi government. Any troop deployment must have the consent of the Iraqi government.”
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    And the U.S. said, "Any troop deployment must have the consent of the Iraqi government."  Sounds like Turkey may get pushed back to its border. 
Paul Merrell

Russia's Humanitarian 'Invasion' | Consortiumnews - 0 views

  • Before dawn broke in Washington on Saturday, “Ukrainian pro-Russian separatists” – more accurately described as federalists of southeast Ukraine who oppose last February’s coup in Kiev – unloaded desperately needed provisions from some 280 Russian trucks in Luhansk, Ukraine. The West accused those trucks of “invading” Ukraine on Friday, but it was a record short invasion; after delivering their loads of humanitarian supplies, many of the trucks promptly returned to Russia. I happen to know what a Russian invasion looks like, and this isn’t it. Forty-six years ago, I was ten miles from the border of Czechoslovakia when Russian tanks stormed in to crush the “Prague Spring” experiment in democracy. The attack was brutal.
  • I was not near the frontier between Russia and southeastern Ukraine on Friday as the convoy of some 280 Russian supply trucks started rolling across the border heading toward the federalist-held city of Luhansk, but that “invasion” struck me as more like an attempt to break a siege, a brutal method of warfare that indiscriminately targets all, including civilians, violating the principle of non-combatant immunity. Michael Walzer, in his War Against Civilians, notes that “more people died in the 900-day siege of Leningrad during WWII than in the infernos of Hamburg, Dresden, Tokyo, Hiroshima and Nagasaki taken together.” So the Russians have some strong feelings about sieges. There’s also a personal side for Russian President Vladimir Putin, who was born in Leningrad, now Saint Petersburg, eight years after the long siege by the German army ended. It is no doubt a potent part of his consciousness. One elder brother, Viktor, died of diphtheria during the siege of Leningrad.
  • Despite the fury expressed by U.S. and NATO officials about Russia’s unilateral delivery of the supplies after weeks of frustrating negotiations with Ukrainian authorities, there was clearly a humanitarian need. An International Committee of the Red Cross (ICRC) team that visited Luhansk on Aug. 21 to make arrangements for the delivery of aid found water and electricity supplies cut off because of damage to essential infrastructure. The Ukrainian army has been directing artillery fire into the city in an effort to dislodge the ethnic Russian federalists, many of whom had supported elected President Viktor Yanukovych who was ousted in the Feb. 22 coup. The Red Cross team reported that people in Luhansk do not leave their homes for fear of being caught in the middle of ongoing fighting, with intermittent shelling into residential areas placing civilians at risk. Laurent Corbaz, ICRC head of operations for Europe and Central Asia, reported “an urgent need for essentials like food and medical supplies.” The ICRC stated that it had “taken all necessary administrative and preparatory steps for the passage of the Russian convoy,” and that, “pending customs checks,” the organization was “therefore ready to deliver the aid to Luhansk … provided assurances of safe passage are respected.” The “safe passage” requirement, however, was the Catch-22. The Kiev regime and its Western supporters have resisted a ceasefire or a political settlement until the federalists – deemed “terrorists” by Kiev – lay down their arms and surrender.
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  • Accusing the West of repeatedly blocking a “humanitarian armistice,” a Russian Foreign Ministry statement cited both Kiev’s obstructionist diplomacy and “much more intensive bombardment of Luhansk” on Aug. 21, the day after some progress had been made on the ground regarding customs clearance and border control procedures: “In other words, the Ukrainian authorities are bombing the destination [Luhansk] and are using this as a pretext to stop the delivery of humanitarian relief aid.”
  • Despite all the agreements and understandings that Moscow claims were reached earlier with Ukrainian authorities, Kiev insists it did not give permission for the Russian convoy to cross its border and that the Russians simply violated Ukrainian sovereignty – no matter the exigent circumstances they adduce. More alarming still, Russia’s “warning” could be construed as the Kremlin claiming the right to use military force within Ukraine itself, in order to protect such humanitarian supply efforts – and perhaps down the road, to protect the anti-coup federalists, as well. The risk of escalation, accordingly, will grow in direct proportion to the aggressiveness of not only the Ukrainian armed forces but also their militias of neo-fascists who have been dispatched by Kiev as frontline shock troops in eastern Ukraine.
  • Moscow’s move is a difficult one to parry, except for those – and there are many, both in Kiev and in Washington – who would like to see the situation escalate to a wider East-West armed confrontation. One can only hope that, by this stage, President Barack Obama, Secretary of State John Kerry and the European Union realize they have a tiger by the tail. The coup regime in Kiev knows which side its bread is buttered on, so to speak, and can be expected to heed the advice from the U.S. and the EU if it is expressed forcefully and clearly. Not so the fanatics of the extreme right party Svoboda and the armed “militia” comprised of the Right Sector. Moreover, there are influential neo-fascist officials in key Kiev ministries who dream of cleansing eastern Ukraine of as many ethnic Russians as possible. Thus, the potential for serious mischief and escalation has grown considerably. Even if Ukrainian President Petro Poroshenko wants to restrain his hardliners, he may be hard-pressed to do so. Thus, the U.S. government could be put in the unenviable position of being blamed for provocations – even military attacks on unarmed Russian truck drivers – over which it has little or no control.
  • The White House second-string P.R. team came off the bench on Friday, with the starters on vacation, and it was not a pretty scene. Even if one overlooks the grammatical mistakes, the statement they cobbled together left a lot to be desired. It began: “Today, in violation of its previous commitments and international law, Russian military vehicles painted to look like civilian trucks forced their way into Ukraine. … “The Ukrainian government and the international community have repeatedly made clear that this convoy would constitute a humanitarian mission only if expressly agreed to by the Ukrainian government and only if the aid was inspected, escorted and distributed by the International Committee of the Red Cross (ICRC). We can confirm that the ICRC is not escorting the vehicles and has no role in managing the mission. … “Russian military vehicles piloted by Russian drivers have unilaterally entered the territory controlled by the separatist forces.”
  • The White House protested that Kiev had not “expressly agreed” to allow the convoy in without being escorted by the ICRC. Again, the Catch 22 is obvious. Washington has been calling the shots, abetting Kiev’s dawdling as the supply trucks sat at the border for a week while Kiev prevented the kind of ceasefire that the ICRC insists upon before it will escort such a shipment. The other issue emphasized in the White House statement was inspection of the trucks: “While a small number of these vehicles were inspected by Ukrainian customs officials, most of the vehicles have not been inspected by anyone but Russia.” During a press conference at the UN on Friday, Russia’s UN Ambassador Vitaly Churkin took strong exception to that charge, claiming not only that 59 Ukrainian inspectors had been looking through the trucks on the Russian side of the border, but that media representatives had been able to choose for themselves which trucks to examine.
  • Regardless of this latest geopolitical back-and-forth, it’s clear that Moscow’s decision to send the trucks across the border marked a new stage of the civil war in Ukraine. As Putin prepares to meet with Ukrainian President Poroshenko next week in Minsk – and as NATO leaders prepare for their summit on Sept. 4 to 5 in Wales – the Kremlin has put down a marker: there are limits to the amount of suffering that Russia will let Kiev inflict on the anti-coup federalists and ethnic Russian civilians right across the border. The Russians’ attitude seems to be that if the relief convoys can be described as an invasion of sovereign territory, so be it. Nor are they alone in the court of public opinion.
  • Charter members of the Fawning Corporate Media are already busily at work, including the current FCM dean, the New York Times’ Michael R. Gordon, who was at it again with a story titled “Russia Moves Artillery Units Into Ukraine, NATO Says.”  Gordon’s “scoop” was all over the radio and TV news; it was picked up by NPR and other usual suspects who disseminate these indiscriminate alarums. Gordon, who never did find those Weapons of Mass Destruction that he assured us were in Iraq, now writes: “The Russian military has moved artillery units manned by Russian personnel inside Ukrainian territory in recent days and was using them to fire at Ukrainian forces, NATO officials said on Friday.” His main source seems to be NATO chief Anders Fogh Rasmussen, who famously declared in 2003, “Iraq has WMDs. It is not something we think; it is something we know.” Cables released by WikiLeaks have further shown the former Danish prime minister to be a tool of Washington.
  • However, Gordon provided no warning to Times’ readers about Rasmussen’s sorry track record for accuracy. Nor did the Times remind its readers about Gordon’s sorry history of getting sensitive national security stories wrong. Surely, the propaganda war will be stoked by what happened on Friday. Caveat emptor.
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    Former Army officer and CIA analyst Ray McGovern informs that the Russian humanitarian aid convoy to Luhansk. It should be noted that "humanitarian intervention" has increasingly been used by the U.S. as grounds for full-fledged regime change military operations that invade other nation's sovereignty. Kosovo and Libya and prime examples, and the U.S. war by proxy against Syria has also been justified only by the humanitarian pretext of saving civilian lives, more than 100,000 of which have been extinguished by the war so far. So an actual humanitarian relief effort that invades the coup government of Ukraine's "sovereignty" seems like small potatoes in comparison. 
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    Former Army officer and CIA analyst Ray McGovern informs that the Russian humanitarian aid convoy to Luhansk. It should be noted that "humanitarian intervention" has increasingly been used by the U.S. as grounds for full-fledged regime change military operations that invade other nation's sovereignty. Kosovo and Libya and prime examples, and the U.S. war by proxy against Syria has also been justified only by the humanitarian pretext of saving civilian lives, more than 100,000 of which have been extinguished by the war so far. So an actual humanitarian relief effort that invades the coup government of Ukraine's "sovereignty" seems like small potatoes in comparison. 
Paul Merrell

Is the "military option" on Iran off the table? - Baltimore Sun - 0 views

  • f, as seems likely, President Barack Obama retains enough support to complete the nuclear deal with Iran, it will be largely because enough members of the House and Senate are persuaded by his argument that the only other real option is war.This was the rhetorical gauntlet the president threw down at his press conference last week. Equally significant, Mr. Obama omitted the until-now obligatory warning that "all options, including the military one, remain on the table."
  • Since then, Israeli media have been pressing hard to restore the military option to its accustomed place "on the table." Flying to Israel Sunday night for a handholding mission with top Israeli officials, U.S. Defense Secretary Ashton Carter tried to make his reception in Tel Aviv less frosty, telling accompanying journalists that the nuclear deal with Iran "does nothing to prevent the military option." The context, however, seemed to be one in which Iran was caught cheating on the nuclear deal.That this kind of rhetoric, even when it is not from the president, is still poison to Tehran was clear in the immediate reaction by Iran's Foreign Minister, Mohammad Javad Zarif, who insisted Monday: "Applying force ... is not an option but an unwise and dangerous temptation."
  • Looking for changes in official public statements was my bread and butter during a long tenure as a Kremlinologist. So on Wednesday, as I watched Mr. Obama defend the deal with Iran, I leaned way forward at each juncture — and there were several — where the timeworn warning about all options being "on the table" would have been de rigueur. He avoided saying it. "All options on the table?" The open-ended nature of this Bush/Cheney-esque bully-type warning is at odds with Western international understandings spanning more than three and half centuries — from the treaties of Westphalia (1648), to the Kellogg-Briand Pact (1928) to the post-World War II Nuremberg Tribunal to the UN Charter (1945). Try raising that with Establishment Washington, though, and be prepared to be dismissed as "picky-picky," or as quaint and as obsolete as the Geneva Conventions. Undergirding all this is the chauvinism reflected in President Obama's repeated reminders that the U.S. "is the sole indispensable country in the world."But in the wake of last week's accord with Iran in Vienna, it is possible now to hope that the "military option" is finally off the table — in reality, if not in occasional rhetorical palliatives for Israel.
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  • Most Americans have no idea of how close we came to making war on Iran in 2008, the last year of the Bush/Cheney administration. Nor do they know of the essential role played by courageous managers of intelligence who, for the first time on the Iran nuclear issue, supervised a strictly evidence-based, from-the-bottom-up National Intelligence Estimate (NIE) that concluded in November 2007 that Iran had stopped working on a nuclear weapon at the end of 2003 and had not resumed that work. That key judgment issued unanimously and "with high confidence" by all 16 U.S. intelligence agencies played a huge role in strengthening the hand of Mike Mullen, then-chairman of the Joint Chiefs of Staff, and other reasonable national security leaders in dissuading President Bush from following Vice President Cheney's prompting to launch a war that would have made the war in Iraq look like a volleyball match between the Quaker School and Ursuline Academy.The juggernaut toward war with Iran was already rolling downhill. Recall that then-CENTCOM commander Adm. William Fallon was abruptly cashiered after saying "we're not going to do Iran on my watch." And Mr. Cheney later admitted churlishly that Mr. Bush had been a big disappointment in giving in to intelligence and military officials on Iran.In Mr. Bush's memoir "Decision Points," he complains bitterly that the NIE "tied my hands on the military side. ... After the NIE, how could I possibly explain using the military to destroy the nuclear facilities of a country the intelligence community said had no active nuclear weapons program?"
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    By former CIA senior analyst Ray McGovern. 
Paul Merrell

Senators: Palestinian Authority's Decision To Join International Criminal Court is Deplorable, Counterproductive, and Will Be Met With A Strong Response - 0 views

  • U.S. Senators Lindsey Graham (R-South Carolina), Robert Menendez (D-New Jersey), Chuck Schumer (D-New York), and Mark Kirk (R-Illinois) today made this statement on the Palestinian Authority's (PA) decision to join the International Criminal Court (ICC). "The Palestinian Authority's (PA) decision to join the International Criminal Court (ICC) is deplorable, counterproductive, and will be met with a strong response by the United States Congress. "Israel, like the United States, is not a member of the ICC and therefore is not subject to its jurisdiction. Further, existing U.S. law makes clear that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA must end. In light of this legal requirement, Congress will reassess its support for assistance to the PA and seek additional ways to make clear to President Abbas that we strongly oppose his efforts to seek membership in the ICC. If the ICC makes the egregious mistake of accepting the Palestinian Authority as a member, given that it is not a state, Congress will seek ways to protect Israeli citizens from politically abusive ICC actions. "Palestinian leaders will no doubt try to do to the ICC what they have done to international organizations like the UN Human Rights Council - take an organization with laudable goals and undermine its credibility by turning it into a political battering ram against Israel. The ICC and its members would be making a terrible mistake if they allow their important global role to be compromised.
  • "Today there is no viable Palestinian state, and nothing will bring about that goal other than direct negotiations. Rather than committing to direct negotiations with Israel for a sustainable, realistic two-state compromise, President Abbas seeks to launch unilateral, politicized investigations of Israel citizens. He would do better to commit to the exacting, demanding work of diplomacy. As an immediate demonstration of his intentions, President Abbas should end Palestinian actions to join the ICC and pledge to re-enter negotiations with Israel for an enduring, realistic solution to this ongoing conflict. We renew our calls for the Palestinian Authority to end its pact with Hamas, a recognized terror organization that is committed to Israel's destruction and whose charter calls for the murder of Jews."
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    Yes, direct negotiations with Israel has worked so well for Palestinians since Israel ejected some 750,000 of them in 1948. Not. Note that the particular group of senators who signed onto this press statement are the leading attack dogs in the U.S. Senate for the American Israel Political Action Committee (AIPAC). 
Paul Merrell

Iran's Foreign Minister Proposes a Path to Peace in the Middle East - 0 views

  • In an article published by the Financial Times on Monday, Iran’s Foreign Minister Mohammad Javad Zarif laid out the country’s proposed framework for bringing stability to the Middle East region. “ISIS displayed the darkest depths of human evil,” Zarif wrote. Yet it also provided an opportunity to come together to battle an existential threat. The cooperative relationships forged in this fight can usher in a new era. We need new approaches and new terminology to make sense of a world which is transitioning to a post-western global order. Here are two concepts to shape the emerging paradigm in west Asia: the idea of a strong region, and security networking, whereby small and large countries — even those with historical rivalries — contribute to stability.” It appears that Iran’s significant contribution to ISIS’ defeat and demise — coupled with its new injection as a major player to be reckoned with in the Middle East — has given the country newfound confidence. Iran is using its battlefield success to propose a new vision for the Middle East — one that would allegedly include open dialogue and cooperation. Zarif continues: The objective of a strong region — as opposed to a quest for hegemony and the exclusion of other actors — is rooted in recognizing the need to respect the interest of all stakeholders. Any domineering effort by one country is not only inappropriate but essentially impossible: those who insist on following that path create instability. The arms race in our region is an instance of this kind of destructive rivalry: siphoning vital resources into the coffers of arms manufacturers has contributed nothing to achieving peace and security. Militarism has only served to fuel disastrous adventurism.” [emphasis added]
  • Most of the usual modes of forming alliances have also become obsolete. Given our interconnected world, the idea of collective security is now defunct, especially in the Persian Gulf, for one basic reason: it assumes commonality of interests. Security networking is Iran’s innovation to address issues that range from divergence of interests to power and size disparities. Its parameters are simple but effective: rather than trying to ignore conflicts of interests, it accepts differences. Equally, being premised on inclusivity, it acts as a firewall against the emergence of an oligarchy among big states and allows smaller states to participate. The rules of this new order are straightforward: common standards, most significantly the purposes and principles of the UN Charter, such as sovereign equality of states; refraining from the threat or use of force; peaceful resolution of conflicts; respect for the territorial integrity of states; non-intervention in the domestic affairs of states; and respect for self-determination within states.” [emphasis added]
  • Zarif suggests that the reason for this instability is rooted in a “dialogue deficit.” Opening up such a dialogue could help countries understand that all nations have “similar concerns, fears, aspirations, and hopes” and that this dialogue should replace the rampant propaganda that has plagued the region. This proposed dialogue would be accompanied by “confidence-building measures: promoting tourism; joint task forces on issues ranging from nuclear safety to pollution to disaster management; joint military visits; pre-notification of military exercises; transparency measures in armament; reducing military expenditures; and all leading eventually to a non-aggression pact,” according to Zarif. In proposing this newfound vision for the Middle East, Zarif is extending an olive branch to the rest of the region, stating that as a first step, “the Islamic Republic proposes establishing a Regional Dialogue Forum in the Persian Gulf. Our longstanding invitation to dialogue remains open, and we look forward to the day our neighbors will accept it, and their allies — in Europe and elsewhere in the west — will encourage it.”
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