The awesome cruelty of a doomed people By Robert Fisk So it has come to this. The entire modern history of the Middle East - the collapse of the Ottoman empire, the Balfour declaration, Lawrence of Arabia's lies, the Arab revolt, the foundation of the state of Israel, four Arab-Israeli wars and the 34 years of Israel's brutal occupation of Arab land - all erased within hours as those who claim to represent a crushed, humiliated population struck back with the wickedness and awesome cruelty of a doomed people. Is it fair - is it moral - to write this so soon, without proof, without a shred of evidence, when the last act of barbarism in Oklahoma turned out to be the work of home-grown Americans?
One approach adheres to legal process, considering that the instigators of the hijackings, if apprehended, could be charged for offenses committed under international criminal law and "could face prosecution in virtually any country that obtains custody of them. The response by OAS member states against terrorism in the hemisphere combines a shield and a sword, using legal process as well as measures of a military nature.
Two issues that arise are whether OAS regional measures are compatible with the principles and purposes of the UN Charter and the Inter-American Democratic Charter, and whether the Inter-American Treaty of Reciprocal Assistance Rio Treaty preeminently designed to combat communism in the Western Hemisphere, can be effectively used to combat terrorism.
At its special session on Sept. Point 5 asserts that "actions to combat terrorism must be undertaken with full respect for the rule of law, human rights, and democratic institutions in order to preserve the rule of law, liberties and democratic values in the Hemisphere.
Institutional arrangements involving OAS-based specialized conferences and bodies with plans of action against terrorism are dealt with in Points The OAS Charter has two further key purposes: Chapter VI provides for measures of collective security based on the principles of continental solidarity or collective self-defense, to the effect that "Every act of aggression by a State [emphasis added] against the territorial integrity or the inviolability of the territory or against the sovereignty or political independence of an American State shall be considered an act of aggression against the other American States" Article Though Article 28 refers to "aggression by a State," the terms of Article 29 dealing with armed attacks, acts of aggression falling short of an armed attack, and "any other fact or situation that might endanger the peace of the Americas" may cover acts of aggression by non-State actors.
Points 1 and 3, treating the terrorist attacks against the US as attacks against all American States, call on all States Parties to provide effective reciprocal assistance, including additional assistance to each other, to address such attacks and the threat of any similar attacks against any American state, and to maintain the peace and security of the continent.
Point 2 obligates States to "use all legally available means to pursue, capture, extradite and punish" [emphasis added] any persons found in their territory and believed to have been involved in or in any way to have assisted the Sept.
RT parties shall keep the Organ of Consultation properly informed Point 4"for the purpose of ensuring the prompt and effective implementation of this resolution and, if necessary, of taking appropriate additional measures" Point 5.
The newly created committee will be composed of OAS representatives to the PC of each State Party to the RT, "for the purpose of engaging in additional consultations and of taking measures in furtherance of the foregoing" Point 6. If the rudder of respect for democracy, the rule of law, and fundamental rights and freedoms that has steered Latin American leaders in the last decade prevails, the shield and sword of the Inter-American regional security system may be transformed into a post-Cold War effective mechanism against terrorism.
For the time being, the reference to the use of "all legally available means to pursue, capture extradite and punish" the instigators under the Rio Treaty, is reassuring.
Adopted subject to review by the Style Committee. It also decided that all states shall refrain from supporting anyone involved in terrorist acts, take necessary steps to prevent such acts including early warning to other states and exchange of informationdeny safe haven to those involved in such acts, prevent those involved in such acts from using their territories for terrorist purposes, ensure that any person who participates in such acts is brought to justice, afford assistance in connection with criminal investigations or other criminal proceedings relating to the financing or support of terrorist acts, and prevent the movement of terrorists by effective border controls and other means.
Non-member states, such as Switzerland, would not be formally bound as a matter of treaty law, but would have adequate incentive to comply.
Resolution also "calls upon" all states to cooperate in several other ways to combat terrorism, including by becoming parties to existing treaties relating to terrorism. The resolution specifically mentions the International Convention for the Suppression of the Financing of Terrorism of 9 December It is likely that this part of the resolution will be considered recommendatory rather than legally binding on member states, but in any event they would be under considerable pressure to cooperate.
But Resolution does not authorize states to take all necessary steps to implement it. Instead, it stands as a warning that the Council itself stands ready to take further steps, which presumably could involve an authorization of some form of armed force that would not necessarily be limited to self-defense, to ensure that the measures taken in the resolution are adequately implemented.
Any further Security Council resolution to that effect would have to obtain the approval or acquiescence of all five permanent members of the Council. But the Court said that the legal effect of each resolution must be considered case by case, in light of all the circumstances.
I do not believe that use of the phrase "all necessary means" is absolutely required in order for the Security Council to authorize the use of armed force. The Council can use any words it prefers to authorize military and other action, although it is correct that the phrase appears in a far earlier authorization of armed force with respect to Iraq in Resolution 29 Nov.
Particularly relevant is the preambular reaffirmation of "the need to combat by all means, in accordance with the Charter," terroristic threats to international peace and security.
The reaffirmed "need to combat by all means" a phrase close to "all necessary means" is at least relevant to interpretation of paragraph 3 c of the resolution, which "Calls upon all States to Cooperate, particularly through bilateral and multilateral arrangements and agreements, to prevent and suppress terrorist attacks and take action against perpetrators of such acts.
As such, I believe that the President of the United States also has an enhanced power to execute the authorization on behalf of the United States, since the President has both a constitutional duty and power faithfully to execute law of the United States, which includes UN Security Council decisions authorizing armed force especially in view of Articles 25 and 48 of the UN Charter.The terrorist attacks on the World Trade Center (if not the Pentagon) on September 11, pose the legal dilemma of how to respond proportionally when the initial attack was itself unreasonable, excessive, and against civilians.
Sep 10, · On a day of unspeakable horror for New York and the nation, terrorists crashed planes into the World Trade Center and the Pentagon. Members of Muslim and Arab-American communities were publicly targeted as suspects and perpetrators of this terrorism. One to two years after the attacks, participants from 6 .
Members of Muslim and Arab-American communities were publicly targeted as suspects and perpetrators of this terrorism. One to two years after the attacks, participants from 6 affected agencies in New York City participated in 22 focus groups to discuss post-disaster psychosocial issues.
Sep 18, · Hours after speaking at the Pentagon, where a hijacked plane was crashed last Tuesday, he visited Washington's largest Islamic center.
suspected hate crimes against Arab-Americans and would. PLS CH STUDY. PLAY. After the September 11, , terrorist attacks on the World Trade Center and the Pentagon, President George W. Bush oversaw the creation of the Department of. Homeland Security. The belief that you can influence how your government acts is called: What led the British to raise taxes on the American .