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Re: Adam Starr & Dennis Blewitt on international law by Andre Gunder Frank 15 March 2002 16:12 UTC |
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I am afraid that Charles Reid and Dennis Blewitt are right on about international law - and then some. Reid could not list the half of the major violations, nay abrogations: After against Panama, against Iraq in 1991 and ever since - the ''use'' of the UN Security Council Resolutiuon still left the war and continued bombing in violation of at least 7 articles of th UN Charter. The UN abrogated its peace-keeping responsibility in Bosnia and handed it over to NATO/US, which then did Dayton and later the NATO "Kosovo" war against Yugoslavia. The latter - so did previous ones - violated not only the UN but also much other international law, eg Nuremberg, Geneva Conventions, Vienna [all treaties made under military duress are ipso facto invalid under international law] - and even three stipulations in the very first paragraph of the NATO charter itself! Interestingly in view of what Blewitt writes, the war also violated much NATIONAL law and the CONSTITUTIONS of several of the participant states, to begin with of the US and Germany. Alas, what Blewitt writes about defending internatinal law by challenging its violoation on the violation also of national law is moot. Three and a half observations in this regard should suffice for now: 1. In not a single NATO country was its parliament consulted about entering/making the war against Yugoslavia. [Canadian Premier Chretien went so far as to say that ''we'' could not afford to consult his parliament because any opposition there would give comfort to the Milosevic/enemy. In other words, damn national democracy, and full speed ahead to ...]. Hardly anywhere was any parliamentary or civic/political objection raised or even any observation made regarding this abrogation of national democracy, never mind international law. 2. In the United States - and I suppose elsewhere - confirmation of an international treaty by parliament /US Senate makes the stipulations of that treaty part and parcel of NATIONAL law. Violation of the international treaty provisions therefore also violate national [US] law and are subject to the kind of national challenges that Blewitt mentions. But nobody makes any such challenge or even recognizes that it could and should be made. 3. The present war of course is waged by the US virtually alone in total disregard of any and all else. There may be some domestic opposition, but it has found virtually no political or legal or moral expression on international and/or national grounds, let alone using national law to defend international law as Blewitt proposes. 3 1/2. There is NO CONCERN visible, public or political, with any of the three concerns above. Not even Barbara Lee, the only member of Congress to vote against the war, voiced any of THAT concern. The legal challenges in US court to the Clinton administration for its NATO WAR violation of NATIONAL law were limited to that and did not extend to international law: They came from the isolationist Republican right that, far from defending, does not even recognize international law as applying to the US. In the present war, these concerns have played NO role whatsoever. Whether the US has a ''right'' to wage war unilaterally has not been questioned in any Bush Administration, Congressional, military, major media, or hardly any other discussion of the war's rights/wrongs. Surely, a if not THE major attainment of ''civilization'' has been LAW, national and especially international, to intervene against Hobbsian war of all against all. How then can it be that this war is being fought allegedly to ''defend civilization" by destroying its mayor accomplishment? What civilization is there left to defend if we DO NOT ASK, never mind answer, even this essentially simply and simply essential question? gunder frank ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ANDRE GUNDER FRANK Senior Fellow Residence World History Center One Longfellow Place Northeastern University Apt. 3411 270 Holmes Hall Boston, MA 02114 USA Boston, MA 02115 USA Tel: 617-948 2315 Tel: 617 - 373 4060 Fax: 617-948 2316 Web-page:csf.colorado.edu/agfrank/ e-mail:franka@fiu.edu ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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