Thursday, September 9, 2010

Iraq is still under the yoke of Chapter VII and is suffering from the brunt of it, can he get out of the shadow of the United Nations?

Inconceivable that Iraq remains without a government

September 10, 2010

Do you get out of Chapter VII of the entrance to development?

Abdul Hussein Shaaban

Talk about the current crisis, especially not the formation of the six months after the elections, to mind again and force the internationalization of the Iraq issue, particularly that Iraq is still under the yoke of Chapter VII and is suffering from the brunt of it, can he get out of the shadow of the United Nations?

As is usually divided political elite between opposition and supporters, some took it back to the United Nations or being asked to play a role in solving the Iraqi crisis incurable, but is an interference in Iraqi internal affairs and hurts the Iraqi issue, the present and future, this view tend to cluster state law believes that the chances are more likely to take over as prime minister, with the knowledge that assumed the post of prime minister is not possible without international approval and regional organizations. The second group would be deemed to internationalization and the intervention of the United Nations is the best guarantee for achieving the constitutional entitlement, which is a foregone conclusion, and perhaps this trend is closer to the Iraqi List, especially that intended for international intervention would necessarily be not far from the American influence.

Apart from the acceptance or rejection of the United Nations is responsible or less before and after the occupation, what happened to the situation in Iraq, noted that the situation in Iraq internationalized since the invasion of Kuwait in August (August), 1990, and there are over 73 international resolutions imposed on Iraq two decades ago, where the subject of Iraq to the international system of sanctions under Chapter VII of the Charter of the United Nations. The consensus initially with the assistance of UN and U.S. basis, it was behind the establishment of the Governing Council after 2003, therefore, external assistance, regardless of the position of them, almost''imposed'', as if it is not a political agreement between the blocs conflicting It is not reasonable that Iraq remains without a government to no end, which will negatively impact on neighboring countries and to international peace and security.

Outside the lineups prior, much of the confusion and ambiguity surrounding the issue of Iraq, particularly in the legal aspects of international, and perhaps many of the political forces involved in the political process from outside is to understand the wrong times, if we take it in good faith or justify naive sometimes the role of the Working International negatively or positively, in an attempt to rotate their interests, while required to stop at the penal system first, the international and, secondly, the continued presence of foreign forces in Iraq, despite the announcement by President Barack Obama for withdrawing combat troops, which numbered 91 thousand U.S. troops from Iraq, This may require the adoption of objective criteria in assessing the situation in Iraq, away from the support or condemnation.

The return to read Chapter VII encompasses the stop at the fact that the legal status of the internationalization process or interpretation, whether it may apply to the current reality in Iraq or not applicable. Here, policy intervention as a factor in legal decision, in particular the role of power powerful and Peretz's in international relations. The Chapter VII PROCEDURE of the 13 provisions, issues and measures to be followed in situations that affect a threat to peace and security or prejudice to them, particularly the occurrence of aggression by a State a State or other States (article 39 to article 51 of the Charter of the United Nations).

Bloody terrorist incidents and the security of the devastated Iraq's economy.

Herein lies the paradox in real Iraq is not an element of threat or an act of aggression or a threat to international peace and security, as it became apparent that no weapons of mass destruction, as recognized by the international inspection teams, which went to the expert reports the Americans also, however, the sentences remain, The argument is that the commitments taken by Iraq on his shoulder as well as the principle of compensation, although this is not related to the contents of Chapter VII.

If we take the principle of humanitarian intervention or the principle of intervention for humanitarian purposes, in particular about the hazards that can be posed by Iraq to its neighbors, continued security chaos and acts of terrorism and violence, what is required to protect Iraq and Iraqis first, especially the innocent civilian population, not vice versa as is intimidation, and most of the continuing subjected to Chapter VII, which detract from the sovereignty, but the United States and the competent Iraqi force is not worsening security situation and the rise of terrorism affect the state of peace and security, as well as this, namely that the same says that the situation is improving, and this has been a U.S. withdrawal as the agreement Iraqi-US agreement signed between President Bush and Prime Minister Maliki in late 2008, and the holding of elections was in itself a sign of progress in the political situation.

The survival of Chapter VII, according to some interpretations of it is about debt and damages, which do not want to Kuwait and other transfer, which is estimated at 41 billion dollars (11 billion debt and 30 billion in compensation) note that Iraq has inherited from the former regime nearly 130 billion dollars in debt, but managed to put out or cancel the overwhelming majority after 2003.

Because Iraq is still in the grip of the United Nations under Chapter VII, could be the latter may decide to intervene, directly or indirectly, and exert different, if it remains the situation in Iraq afloat and without a government, especially if it was agreed that under the new UN resolution issued by the Security Council Under Chapter VII, and whether sided with the United States for this option, then it can be argued that the survival of the current situation has floated a concern and perhaps a threat to international peace and security, and therefore the Security Council must take the necessary measures to prevent the uncontrolled situation, including impact on neighboring countries, regional peace and security and international levels.

But the pressing question, legally appears to the fore is that the articles of Chapter VII talk about an international armed conflict threaten international peace and security, which went to in Article 39 When she says:''The Security Council decides whether there has been a threat to the peace, breach or act of acts of aggression, and the necessary measures, in accordance with the provisions of Articles 41 and 42, to maintain international peace and security or restore''. This article did not say something about the internal conflict, a situation closest to the case of Iraq.

Was entrusted with Article 40 of the Security Council to take measures before the situation is aggravated. Article 41 has given the Council to take measures which do not require the use of armed force to implement its decisions, such as interruption of economic relations, transportation and diplomatic relations, and others. 42 and went on to give the right of the Security Council to use force air, sea and land to save international peace and security or restoration of.

Perhaps these articles do not apply to the situation Iraq's current, which becomes the scene the surreal, Iraq is subject to Chapter VII, which does not meet the legal exception of compensation and debt, the latter can be dealt with outside Chapter VII and the rule of law''says change status change of times''and ''fundamental changes in the circumstances'', that which allows Iraq argued that these debts is not responsible, because of changed circumstances and the provisions of compliance after the demise of the previous sentence, is what has happened to the Treaty of Brest-Stofisk in Russia, signed by the Bolshevik government after the October Revolution , but after Germany's defeat in World War I had to cancel because of changed circumstances, and it is a non-level playing field, as well as canceling the agreements the Iraqi-American, Iraqi and British after the Revolution of July 14 (July 1958), which accords unequal and unfair and signed by the royal government, the former in 1954, Iraq has Republican cancellation for the same reasons.

The exit of Iraq of the provisions of Chapter VII requires a new decision of the Security Council, and this decision must be supported by Washington and the powerful Security Council, particularly as related to Chapter VII and its consequences.

Like this, in my view will not be easy despite all the rhetoric of political, which we hear, because Washington did not achieve its war aims in Iraq so far, and the issue needed to put Iraq for years to come has been lengthened under the physical custody of the direct or indirect, control of oil prices and to ensure that investment and protection of shipping lanes, while ensuring the security of Israel, especially in the context of a plan for settlement, it can not talk about sustainable development of the overall humanitarian sense without getting rid of the cocoon of Chapter VII.

http://translate.google.com/translate?hl=en&ie=UTF-8&sl=ar&tl=en&u=http://www.aleqt.com/2010/09/10/article_440281.html&prev=_t&rurl=translate.google.com