BlindBoo
Diamond Member
- Sep 28, 2010
- 56,638
- 16,610
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So what? Blix could have come back and said he found an underground city that was manufactoring Chemical, Biological and Nuclear weapons and the UNSC would still have had to authorized use of force (Or Iraq would have had to attack a member state).
http://www.grassrootspeace.org/scr1441hurd.doc
SCR 687 (2 April 1991) established the ceasefire terms. It stated that once Iraq officially notified the Secretary-General and the Council that Iraq accepted SCR 687’s provisions, then an official ceasefire would be in effect between Iraq and Kuwait/cooperating member states acting as SCR 678 authorized. Iraq’s only ceasefire obligation was official notification. SCR 687 contains no other ceasefire conditions. Iraq officially notified the required parties on 6 April 1991. Since then, a ceasefire has been in effect.
SCR 687 details Iraq’s forthgoing non-conventional disarmament “obligations”. These “obligations” were not ceasefire conditions. Rather, they were actions, in addition to the ceasefire term, that the Council required Iraq to take in the name of “international peace and security”. Because Iraq has not gained Council “...agreement that Iraq has completed all [relevant] actions”, the Council has continued to remain “seized” of Iraq as an “international peace and security issue”. Nevertheless, Council authorization for member states to use against Iraq ended with the ceasefire. Member states would have had continued force authorization only if Iraq had failed to execute its ceasefire obligation.
3. How the US Might Use SCR 1441 to Domestically and Internationally Justify Using Force Against Iraq
There are many possibilities. This document below focuses on three. The possibility presented in Section 3(iii) focuses on what might be the most important paragraphs in SCR 1441.
(i) US Officials might continue to ignore the 1991 ceasefire and UN Charter, and incorrectly interpret SCR 1441 warning language.
The context for SCR 1441 is the UN Charter and its use of force provisions, along with the 1991 ceasefire. Iraq has not attacked a member state since it invaded Kuwait. Since the SCR 678 authorization and later ceasefire that ended the authorization, the Council has not authorized member states to use force against Iraq. In SCR 678 the Council “...[a]uthorize[d] Member States co-operating with the Government of Kuwait...to use all necessary means...to restore international peace and security in the area”. Notably, the 2 October US/UK SCR draft proposed that a “further material breach of Iraq's obligations...authorizes member states to use all necessary means to restore international peace and security in the area”. SCR 1441 on the other hand contains no “all necessary means” language, or, for that matter, any text which authorizes member states to use force against Iraq.
http://www.grassrootspeace.org/scr1441hurd.doc
SCR 687 (2 April 1991) established the ceasefire terms. It stated that once Iraq officially notified the Secretary-General and the Council that Iraq accepted SCR 687’s provisions, then an official ceasefire would be in effect between Iraq and Kuwait/cooperating member states acting as SCR 678 authorized. Iraq’s only ceasefire obligation was official notification. SCR 687 contains no other ceasefire conditions. Iraq officially notified the required parties on 6 April 1991. Since then, a ceasefire has been in effect.
SCR 687 details Iraq’s forthgoing non-conventional disarmament “obligations”. These “obligations” were not ceasefire conditions. Rather, they were actions, in addition to the ceasefire term, that the Council required Iraq to take in the name of “international peace and security”. Because Iraq has not gained Council “...agreement that Iraq has completed all [relevant] actions”, the Council has continued to remain “seized” of Iraq as an “international peace and security issue”. Nevertheless, Council authorization for member states to use against Iraq ended with the ceasefire. Member states would have had continued force authorization only if Iraq had failed to execute its ceasefire obligation.
3. How the US Might Use SCR 1441 to Domestically and Internationally Justify Using Force Against Iraq
There are many possibilities. This document below focuses on three. The possibility presented in Section 3(iii) focuses on what might be the most important paragraphs in SCR 1441.
(i) US Officials might continue to ignore the 1991 ceasefire and UN Charter, and incorrectly interpret SCR 1441 warning language.
The context for SCR 1441 is the UN Charter and its use of force provisions, along with the 1991 ceasefire. Iraq has not attacked a member state since it invaded Kuwait. Since the SCR 678 authorization and later ceasefire that ended the authorization, the Council has not authorized member states to use force against Iraq. In SCR 678 the Council “...[a]uthorize[d] Member States co-operating with the Government of Kuwait...to use all necessary means...to restore international peace and security in the area”. Notably, the 2 October US/UK SCR draft proposed that a “further material breach of Iraq's obligations...authorizes member states to use all necessary means to restore international peace and security in the area”. SCR 1441 on the other hand contains no “all necessary means” language, or, for that matter, any text which authorizes member states to use force against Iraq.