False claims that the war with Afghanistan is legal exposed
For eight years the British Government has duped Parliament and the public into believing that the war with Afghanistan is lawful. It has done this by manipulating the public’s understanding of international law and in particular the meaning of Chapter VII of the UN Charter. This deception is illustrated by the statement of the Foreign and Commonwealth Office in a letter written on 17th June 2009 on behalf of Bill Rammell, at that time the FCO Minister, and Daniel Bethlehem the FCO legal advisor:
“Under Chapter VII of the Charter, the Council may “decide what measures shall be taken … to maintain or restore international peace and security”.
This sentence is constructed from parts of Articles 41 and 42 of the UN Charter. The middle of the sentence has 3 dots - signifying that parts of Chapter VII [Articles 39 - 51] have been left out. The omissions totally change the meaning of the law.
41. The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
42. Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.”
By leaving out the phrase “not involving the use of armed force” (our emphasis) the Government reversed the meaning of the original Article and wrongly implied the Security Council had authorised the use of armed force.
This shows that the war with Afghanistan was initiated on a false premise of legality. The result has been the unlawful deaths of thousands of Afghan men, women and children. We now have a responsibility to stop this massacre, end the war and challenge those responsible.
This and other issues regarding the legality of the Afghanistan war will be addressed at a press conference hosted by Lembit Opik MP of the All Party Parliamentary Group on Ending and Preventing War, to be held in
House of Commons Committee Room 8, Wednesday 27th January at 11.15 am
MWH office 25/01/10
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