Wednesday, April 10, 2013

NO UN CHARTER CHAPTER 7 RESOLUTION REGARDING 2003 INVASION OF AFGHANISTAN



There is no UN Security Resolution or mention of Chapter 7 in any UNSC resolution, that legitimizes the invasion of Afghanistan in 2001. Chapter 7 of the UN Charter states that an attack on another country can only be done in self-defense, i.e. if it were attacked. This may seem counter-intuitive in the case of Afghanistan. Please read this legal briefing provided to the UK House of Commons (the UK was one of the occupying countries):

www.parliament.uk/briefing-papers/sn05340.pdf

The reason why, in my view, is a dubious legal precedence that might be set. For example, say Israeli-Americans living in the US, attacked Egypt in a 9/11 type event, would the US be held responsible and attacked under Chapter 7, if for some reason it didn't give up the perpetrators?
See more recently Richard A. Clark, Against All Enemies 24 (2004): “When, later in the discussion {on the evening of Sept. 11, with Bush and his crisis advisors}, Secretary Rumsfeld noted that international law allowed the use of force only to prevent future attacks and not for retribution, Bush nearly bit his head off. ‘No,’ the President yelled in the narrow conference room, ‘I don’t care what the international lawyers say, we are going to kick some ass.”

The Taliban condemned the 9/11 attack, offered to negotiate, but it was clear that President Bush had already made up his mind to go to war, despite the United Nations Charter, which requires the peaceful resolution of disputes. It’s been said that the reason why the Taliban didn't give Al Qaeda over to the US, is that the US wasn't able to provide the Taliban evidence of its culpability for 9/11. There was actually a big debate about this in the ranks of the Taliban, with many wanting to turn over the Al Q, but others wanting evidence. See this article in the New York Times:

A NATION CHALLENGED: THE PRESIDENT; PRESIDENT REJECTS OFFER BY TALIBAN FOR NEGOTIATIONS
By ELISABETH BUMILLER
Published: October 15, 2001
WASHINGTON, Oct. 14— President Bush forcefully rejected another offer from the Taliban today to begin talks about the surrender of Osama bin Laden if the United States stopped bombing Afghanistan…..
Mr. Bush was responding to questions about statements by a Taliban leader who said at a news conference in Jalalabad, Afghanistan, that the Taliban would begin discussions about turning over Mr. bin Laden if the bombing stopped. The Taliban also want evidence from Washington that Mr. bin Laden is responsible for the attacks.

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