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The Middle East Crisis:Who Killed Art. 2(4) of the UN Charter? Printable Version PRINTABLE VERSION
by Wilfred Mamah, United Kingdom Jul 29, 2006
Human Rights   Opinions

  


Unilateral war in the name of fighting terrorism cannot meet the cumulative requirements of necessity and proportionality. No war can solve the problem of terrorism. What war does is to complicate the issues. The world must therefore look outside of war. Efforts must be made to arrive at an international consensus on what indeed constitutes terrorism. The world must also seek answers to the criminological question, why are they terrorists? People who are so desperate to die with innocent victims just to make a point must be objects of study not of hurried decimation. Declaring war on such people is another way of fulfilling their martyrdom.

Legal restriction on the unilateral use of force even in response to armed attack must be reinforced. To argue otherwise is to challenge the wisdom of the drafters of the UN Charter. The Bush doctrine of pre-emptive self defence is diametrically illegal under the current UN Charter and must be condemned, so also is the dubious incantation of humanitarian intervention outside of the UN. The logic of humanitarian intervention as one of the post war rationalisations in Iraq is the final deathblow on humanitarian intervention. To be precise, any intervention by any state on another on the basis of humanitarian intervention is merely a smokescreen for empire building.

The prohibition of the use of force in Article 2(4) can only be dead if United Nations allows it to be. The world must stand up to oppose tyranny and enforce the doctrine of equality of state beyond the current rhetoric. Justice including economic, social, political and legal justice must be seen to be dictating actions in the international arena. By conscious pursuit of comprehensive justice, the world stands at a better advantage in tackling this hydra-headed problem of international terrorism.





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