Big
Media Refuses to Report this Basic Fact: Attacking Iraq Violates
International Law
Not
one mainstream media outlet has reported the truth:
Bush's war violates International Law
How
does mainstream media serve the war agenda? Public opinion is based
on what the media feeds them and by what
it withholds from them. A basic Fact of law has not been reported
by the mainstream media. While polls have show that the majority of
Americans oppose "going it alone", "unilaterally",
"with a coalition" or "without the UN" as the
media has deceptively called violating International Law, what
would be the opinion of the others be if they knew all the
facts? Those in positions of power and influence intentionally keep
facts from the public in order to sell this war. Mainstream reporters
don't have journalistic integrity, they have refused to report
that attacking Iraq would violate U.S. and International Law.
A preemptive attack on Iraq violates the United Nations Charter, which
is a treaty and part of the supreme law of the United States under
Article 6, clause 2 of the U.S. Constitution. The U.S. signed
the UN Charter and we are obligated to uphold the law according to
our own Constitution. A treaty that we sign becomes the "law
of the land" according to our Constitution.
Contact every media outlet you can and demand that they report basic
facts and to stop trying to sell this war to the American public by
withholding basic facts. Mainstream media reporters are a disgrace
and an insult to this country. This lie
of omission is committed in order to manipulate the public into a
war with Iraq. Mainstream media serves
state power. This
is a glaring example of journalists' abuse of their power. The total
exclusion of the fact that Bush's
war violates International Law and U.S. Law
highlights how extreme Big Media really is. It is hard, if not virtually
impossible, for the average viewer to know what isn't reported.
Most people assume that basically everything gets reported and that
it then may get slanted one way or another. But it is the withholding
of information that is perhaps the most dangerous threat to our liberties.
The
media's assumption that lawlessness does not even merit a mention
is sickening and actually it is a violation of the licensing agreement
they have with the public. Broadcasters are obligated
according to Telecommunications Act to serve the
public interest, convenience, and necessity, not just the interests
of the rich and powerful. The current media system is corrupted by
unequal power. They present what "news" they want to the
American public and they abuse their power by not presenting things
they don't want to be news. One of the common myths is that "if
it was hot enough story" or "was big enough" it would
be news. The fact is: "The press is owned by wealthy people who
only want certain things to reach the public." - Noam Chomsky
Contact
these Bastards
Contact
these media bastards and tell them you know the sick game they are
playing and they must stop it. Tell them to start reporting the
facts!
(Here is another fact they refused to report: "Iraqi
troops satellite photos" were
fake ) If the network is broadcast, tell them they are in violation
of their obligations under the Telecommunications Act. Here is a
Media Contact List : http://www.fair.org/media-contact-list.html
We are
a nation of laws
Published
on Wednesday, September 25, 2002 by CommonDreams.org
Abiding by the
Rule of Law by
Arlene Zarembka
The
oft-repeated declaration -- "We are a nation of laws, not men"
-- expresses a bedrock principle of our country. It signals our resolve
to be governed by laws and legal process, not by the impulses of individuals
in power.
The rule of law seems to mean little, however, to President Bush. Despite
his address to the United Nations seeking UN action against Iraq, he
continues to insist on the United States' right to launch war against
Iraq, with or without authorization from the UN Security Council.
As a signatory to the UN Charter, the United States is bound by the
Charter's requirements. Article 39 specifically gives the UN Security
Council, not individual nations, the authority to determine "the
existence of any threat to the peace, breach of the peace, or act of
aggression", and the authority to "decide what measures shall
be taken ... to maintain or restore international peace and security."
Article 42 authorizes the Security Council, if non-military measures
fail, to "take such action by air, sea, or land forces as may be
necessary to maintain or restore international peace and security."
No nation can take it upon itself, without Security Council approval,
to act to enforce UN resolutions.
While there is a right of self-defense contained in Article 51 of the
Charter, it is very limited: "Nothing in the present Charter shall
impair the inherent right of individual or collective self-defense if
an armed attack occurs against a Member of the United Nations, until
the Security Council has taken measures necessary to maintain international
peace and security." No nation has a right under the UN Charter
to take pre-emptive action.
There has been no armed attack by Iraq on the U.S. or any other country
since the Gulf War, and there is absolutely no evidence of Iraqi involvement
in the September 11 terrorist attacks. Iraq does not even pose an imminent
risk to the U.S. -- it has no long-range missiles that could reach us.
Despite Iraq's past history of aggression in the Middle East (the only
region that Iraq could strike with its missiles), all Arab nations oppose
a unilateral U.S. attack against Iraq.
To support its claim that the U.S. has the right to act against Iraq
in self-defense, the Administration contends that Iraq has or is developing
weapons of mass destruction. That is precisely the point of UN weapons
inspections -- first, to determine the existence of weapons of mass
destruction, and second, to destroy them.
Iraq has agreed unconditionally to renewed UN inspections. So what's
Bush's beef? If Saddam is recalcitrant after the inspectors are in Iraq,
the UN can ratchet up the pressure, and, if necessary, approve military
force against Saddam.
If President Bush jumps the gun and strikes pre-emptively against Iraq,
he will undermine the United Nations as an institution (perhaps this
is his goal), and he will diminish respect for international law as
the means to resolve conflict (perhaps also his goal).
A unilateral attack on Iraq will foster international anarchy, as other
nations emulate U.S. disregard for international law. Wars of aggression
will be cloaked in the rhetoric of pre-emptive "self-defense".
Will India or Pakistan -- both having nuclear weapons and both facing
a far greater risk of attack by its neighbor than the U.S. faces from
far-away Iraq -- take a cue from the U.S. and pre-emptively attack its
neighbor in "self-defense"?
President Bush has asked Congress to grant him unbridled authority
to use "all means that he determines to be appropriate, including
force," against Iraq, and for that matter, to use whatever means
he deems necessary to "restore international peace and security
in the region." Congress should not approve any resolution that
gives the President carte blanche to unleash the dogs of war against
Iraq or other countries or peoples.
To do so would subvert our Constitution, which provides that all treaties
to which the U.S. is a party are part of the "supreme Law of the
Land" (Article VI, Section 2), with as much validity as the Constitution
and federal laws. Accordingly, violating the UN Charter transgresses
the U.S. Constitution as well. Congress, the only body that has the
power to declare war (Article I, Section 8, Clause 11), should not abdicate
its responsibility to uphold the Constitution in the face of a grab
for unlimited war powers by the Executive Branch.
The only resolution that Congress should adopt at this time is one
directing the President to abide by the UN Charter and to work with
the UN Security Council to get the inspectors back into Iraq, so that
any weapons of mass destruction can be destroyed. If the UN Security
Council later concludes that Iraq is reneging on its commitment to unconditional
inspections, or is blocking destruction of any weapons of mass destruction,
then and only then should Congress vote on whether to authorize the
President to take military action against Saddam or Iraq ... and with
US action limited to what the UN Security Council specifically authorizes.
Arlene Zarembka is an attorney in private practice in St. Louis,
Missouri. She has been active in peace and justice issues since the
1960s. http://www.apomie.com/ruleoflaw.htm
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INVADING IRAQ WOULD VIOLATE U.S. AND INTERNATIONAL
LAW
Professor Marjorie Cohn
Thomas Jefferson School of Law
JURIST Contributing Editor
Despite opposition by many prominent Republicans, Dick Cheney and
George W. Bush are mounting an intensive public relations campaign
to justify their pre-ordained invasion of Iraq. A preemptive strike
against Iraq would
violate the Constitution and the United Nations Charter.
Article I, section 8 of the Constitution empowers Congress, not the
president, to debate and decide to declare war on another country.
The War Powers Resolution provides that the "constitutional powers
of the President as Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations where imminent involvement
in hostilities is clearly indicated by the circumstances, are exercised
only pursuant to (1) a declaration of war, (2) specific statutory
authorization, or (3) a national emergency created by attack upon
the United States, its territories, or possessions or its armed forces."
Congress has not declared war on Iraq, no statute authorizes an invasion
and Iraq has not attacked the United States, its territories, possessions
or armed forces. President Bush's lawyers have concluded that he needs
no new approval from Congress. They cite a 1991 Congressional resolution
authorizing the use of force in the Persian Gulf, and the September
14, 2001 Congressional resolution authorizing the use of force against
those responsible for the Sept. 11 attacks.
These two resolutions do not provide a basis to circumvent Congressional
approval for attacking Iraq. The January 12, 1991 Persian Gulf Resolution
authorized the use of force pursuant to U.N. Security Council Resolution
678, which was directed at ensuring the withdrawal of Iraq from Kuwait.
That license ended on April 6, 1991, when Iraq formalized a cease-fire
and notified the Security Council. The September 14, 2001 resolution
authorized the use of armed force "against those responsible
for the recent [Sept. 11] attacks against the United States."
There is no evidence that Iraq was responsible for the Sept. 11 attacks.
A preemptive invasion of Iraq would also violate the United Nations
Charter, which is a treaty and part of the supreme law of the United
States under Article 6, clause 2 of the Constitution. It requires
the United States
to settle all disputes by peaceful means and not use military force
in the absence of an armed attack. The U.N. Charter empowers only
the Security Council to authorize the use of force, unless a member
state is acting in
individual or collective self-defense. Iraq has not attacked this
country, or any other country in the past 11 years. None of Iraq's
neighbors have appealed to the Security Council to protect them from
an imminent attack by
Iraq, because they do not feel threatened.
Cheney and Bush cite the possibility that Iraq is developing weapons
of mass destruction as the rationale for a preemptive strike. Iraq
is in violation of Security Council Resolution 687, which requires
full cooperation with U.N. weapons inspectors. But this issue involves
the Iraqi government and the United Nations. The Security Council
did not specify any enforcement mechanisms in that or subsequent resolutions.
Only the Security
Council is empowered to take "further steps as may be required
for the implementation of the resolution." Although the Security
Council warned Iraq, in Resolution 1154, of the "severest consequences"
if it continued
its refusal to comply, the Council declared that only it had the authority
to "ensure implementation of this resolution and peace and security
in the area."
Articles 41 and 42 of the U.N. Charter declare that no member state
has the right to enforce any resolution with armed force unless the
Security Council decides there has been a material breach of it resolution,
and
determines that all nonmilitary means of enforcement have been exhausted.
Then, the Council must specifically authorize the use of military
force, as it did in November 1990 with Resolution 678, in response
to Iraq's
occupation of Kuwait in violation of Security Council resolutions
passed the previous August. The Security Council has not authorized
any use of force for subsequent violations involving Iraq.
Moreover, the claim by Cheney and Bush that Iraq has developed weapons
of mass destruction is spurious. Scott Ritter, who spent seven years
in Iraq with the UNSCOM weapons inspection teams, has said, "There
is absolutely no reason to believe that Iraq could have meaningfully
reconstituted any element of its [weapons of mass destruction] capabilities."
Ritter, a twelve-year Marine Corps veteran who served under General
Norman Schwarzkopf in the Gulf War, maintains that the Iraqis never
succeeded in developing their chemical and biological agents to enable
them to be sprayed over a large area. It is undisputed that Iraq has
not developed nuclear capabilities.
There is no legal justification for a preemptive attack on Iraq. Only
Congress can authorize the use of United States armed forces, and
only the Security Council can sanction the use of force by a U.N.
member state. Both
are necessary; neither has been forthcoming.
Marjorie Cohn, an associate professor at Thomas Jefferson School
of Law in San Diego, is on the national executive committee of the
National Lawyers Guild. http://www.lawyersagainstthewar.org/articles/cohn2.html
ISee also: International
Law and a War on Iraq
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Charter of the United Nations, 26 June
1945
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to
save succeeding generations from the scourge of war,
which twice in our lifetime has brought untold sorrow to mankind,
and to reaffirm faith in fundamental human rights, in the dignity
and worth of the human person, in the equal rights of men and
women and of nations large and small, and to establish conditions
under which justice and respect for the obligations arising from
treaties and other sources of international law can be maintained,
and to promote social progress and better standards of life in
larger freedom, AND FOR THESE ENDS to practice tolerance and live
together in peace with one another as good neighbours, and to
unite our strength to maintain international peace and security,
and to ensure, by the acceptance of principles and the institution
of methods, that armed force shall not be used, save in the common
interest, and to employ international machinery for the promotion
of the economic and social advancement of all peoples, HAVE RESOLED
TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS Accordingly, our
respective Governments, through representatives assembled in the
city of San Francisco, who have exhibited their full powers found
to be in good and due form, have agreed to the present Charter
of the United Nations and do hereby establish an international
organization to be known as the United Nations. |
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|

"No Fly Zones"
were not
UN sactioned. |
An increadible 2 CD set by Noam Chomsky.
This is something you
must hear if you want to understand what the agression agaisnt
Iraq is about (also includes discusion of economic system and human
rights) It includes a comprehensive analysis of the economic sanctions
against Iraq and explains why the U.S. wants to control Iraq. Chomsky
takes the major points of State Department rhetoric and systematically
and brilliantly, destroys them all. He explains why excuses such
as, "Saddam is a threat to his neighbors", "he's
building chemical and biological weapons", "he oppresses
the Kurdish and Shiite populations of Iraq", etc., are hardly
sufficient to explain the sanctions, the inspections teams, and
the relentless bombings and the planned war. |
Case Studies in Hypocrisy  |
The Emerging Framework of World Power 
NEW

Hegemony or Survival : America's Quest for Global Dominance
Buy Hegemony or Survival
with Amazon
or
Buy Hegemony or Survival
with Powell's
War Crimes & Imperial Fantasies
Other Chomsky Books and CDs Here |