NLG & Others Warn of Illegal Action Against Iran
peaceandj...@gmail.com
[http://www.commondreams.org/news2007/0201-08.htm]
FOR IMMEDIATE RELEASE
FEBRUARY 1, 2007
11:57 AM
CONTACT: National Lawyers Guild
212 679-5100
Legal And Human Rights Groups Issue Open Letter Warning Of Illegality
Of Any
Offensive Military Action By U.S. Against Iran
WASHINGTON - February 1 - Today European, international and United
States
legal and human rights groups issued an open letter warning of the
illegality of any offensive military action by the United States
against
Iran. Signatories include the American Association of Jurists, Center
for
Constitutional Rights (U.S.), Droite Solidarite (France), European
Association of Lawyers for Human Rights and Democracy, Italian
Association
of Democratic Lawyers, Haldane Society (United Kingdom), International
Association of Democratic Lawyers, Indian Association of Lawyers,
(India),
Japanese Association of Lawyers for International Solidarity, (Japan),
Lawyers Against War (Canada), National Lawyers Guild (U.S.), Progress
Lawyers Network (Belgium).
Open Letter to All Members of Congress, the Bush Administration And
the U.S.
Armed Forces From Legal and Human Rights Groups
There are increasing indications that the Bush administration intends
to
take military action against Iran. There are also indications that the
administration would support military action by Israel against Iran.
The undersigned organizations issue this Open Letter to All Members of
Congress, the Administration and the U.S. Armed Forces to reiterate
their
affirmative duties to prevent military action and to refrain from
ongoing
threats to peace.
Offensive military action against Iran would be illegal, as the United
States is bound under the United Nations Charter to settle
international
disputes by peaceful means and to refrain from the threat or use of
force
against the territorial integrity of any state or act in any other
manner
inconsistent with the purpose of the United Nations. (Article 2
sections 3
and 4). While Article 51 of the charter recognizes the inherent right
of
individual or collective self defense, such a right exists only if an
armed
attack occurs and is allowed only until the Security Council can take
measures necessary to maintain international peace and security. Any
other
type of military action by the United States would not be in
compliance with
the UN Charter.
The UN Charter, as a treaty ratified by the U.S., is part of the
Supreme Law
of the United States under Article VI §2 of the United States
Constitution.
If the President and Congress fail to abide by the law as provided in
the
Constitution they violate their sacred oaths of office.
Any military action against Iran in the absence of a military strike
by Iran
would be a war of aggression outlawed under Article 2(4) of the UN
Charter.
If the United States or any other nation were to act outside of its UN
obligations it would risk starting a war of aggression and committing
a
crime against peace. Furthermore, the sending of aircraft carriers
combined
with recent threatening statements constitutes a threat to wage a war
with
Iran. This is also prohibited by the Charter. Principle VI of the
Nuremberg Principles also makes crimes against peace punishable under
international law. Crimes against peace include: planning,
preparation,
initiation or waging a war of aggression in violation of international
treaties, agreements, or assurances, or participation in a common plan
or
conspiracy to accomplish these acts.
The United States and all countries that have ratified the UN Charter
are
required to abide by their obligations under it. It is in the
interests of
all countries of the world that the United Nations be a viable
multilateral
institution capable of carrying out the mission of its charter to
preserve
peace and promote development and human rights. Actions which violate
that
charter undermine it. Actions by the U.S. which violate the charter
prevent
the UN from acting effectively; they also undermine the credibility of
the
United States in the world community. The U.S. cannot demand that
other
countries obey the terms of the UN Charter while it is violating those
very
provisions with impunity.
The War Powers Act, which requires congressional approval of military
action, must be read consistently with our obligations under the UN
Charter
and international law not to engage in wars of aggression. We urge:
1. The President, Vice President, and all other members of the Bush
administration who have a decision-making role with regard to taking
military action in Iran, to immediately renounce such efforts to
engage in
this war;
2. The members of the military to refuse any requests by the
administration
to invade or take other military action against Iran in light of the
illegality of such actions; and
3. That Congress immediately pass a binding resolution reaffirming the
United States¹ legal obligations and informing the President and the
administration that it will not concur in any invasion of or military
action
against Iran, would refuse to approve funding for any such military
action,
and would consider actions taken in contravention of the resolution as
impeachable offenses.
The American Association of Jurists
Vanessa Ramos, Secretary General, vramos1565 at aol.com
Clea Carpi da Rocha, President, carpi at pro.via-rs.com.br
Beinusz Szmukler, szmukler at ciudad.com.ar
The Center for Constitutional Rights
Vincent Warren, Executive Director, vwarren at ccr-ny.org
Bill Goodman, Legal Director, bgoodman at ccr-ny.org
Droite Solidarite
Roland Weyl, President, mrwjur at club-internet.fr
European Association of Lawyers for Democracy and Human Rights
RA Thomas Schmid, Secretary General, ra-th-schmidt at t-online.dem
Professor Bill Bowring, b.bowring at bbk.ac.uk
Haldane Society, United Kingdom
Liz Davies, liz at lizdavies.demon.co.uk
International Association of Democratic Lawyers
Jitendra Sharma, President, jsharma at vsnl.com
Jeanne Mirer, Secretary General, mirerfam at earthlink.net
Indian Association of Lawyers
Mr. G.K.Bansal, General Secretary, gkb at gkbco.com
Mr. T.M.Mohammed Youseff, General Secretary, youseffdelhi at gmail.com
Italian Association of Democratic Lawyers
Fabio Marcelli, fabio.marcelli at isgi.cnr.it
Japanese Association of Lawyers for International Solidarity, Japan
Osamu Niikura, Secretary General, oniikura at als.aoyama.ac.jp
Lawyers Against the War, Canada
Gail Davidson, Chair, law at portal.ca
National Lawyers Guild
Marjorie Cohn, President, libertad48 at san.rr.com
Progress Lawyers Network, Belgium
Jan Fermon, jan.fermon at progresslaw.net