Self Defense and International Law - Case Study Example

Gopal Pottabathni 23 November 2007 Self Defense And International Law Terrorism is the one big thing; the world is concerned more than any other factor. The word "terrorism" is derived from the Latin word "terrere" which means to frighten. Terror is nothing other than justice, prompt, severe, inflexible; it is therefore an emanation of virtue; it is not so much a special principle as it is a consequence of the general principle of democracy applied to our country's most urgent needs. The Terrorist attack on the Republic of Bona by the shadowy group is a cowardice act and is rightly condemned by the International Community. The Republic Of Bona and other nations should come together agaisnt terrorism. The International Community should ask and pressurise the government that is providing shelter to these terrorist groups and base camps so that they can carry on their terrorist activities. However the action initiated by the Republic of Bona by invading Malox can be termed as legitimate on the grounds of self defense as stated by the Republic of Bona. According to the Article 51 of UN Charter, the guidelines laid down by the United Nations Security Council will not weaken the rights of self defense of the member state of United Nations against armed attack carred out on them, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. The invasion is legitimate on the grounds of self defense, until the Security Council takes stringent measures against the Malox Government. But instead, the Republic of Bona could have brought to the notice of Security Council, that it has evidence to show that the Alliance is responsible for the massacre that has taken place. Even though, one of the UN Security Council member, Kumara is an ally of the Alliance, he cannot on his own dismantle the efforts of the Bona Republic to counter terrorism. Then 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 as laid down in the Article 41 of United Nations Charter of International Laws. In this process, the Bona Republican has used cluster bombs, white phosphorus and depleted uranium to locate and destroy the Alliance terrorist camp before further more attacks on themselves. The arms that have been used by the Bona Republican are Weapons of Mass Destruction (WMD) which not only kills persons but will degrade the environment. The degraded environment will make the life on the particular place not only difficult but the persons living there will be effected in the sense, they may get physically or mentally handicapped. The next generation childs may be born physically or mentally handicapped as wel. Such mass destruction will also lead to failure in plantation and degradation of other human necessities. On the grounds of humanitarian, use of such WMD's shall be avoided, just to destroy the Allaince Terrorist Group. However, United Nations has condemned the use of WMD's that has severe and drastic effect on the life of human beings and the next generation. Massive amounts of circumstantial evidence strongly suggests that the use of DU ammunition has known to cause dramatic side effects, such as health problems, stillborn babies, toxic and poisonous land, water supplies, and residential territories. Such ammunitions is unethical for we will demean ourselves as a civilized society. Such weaponry is clearly not necessary to conduct warfare on a sophisticated level. To use such tactical weapons for a war without considering its horrible side effects or ramifications for future generations is unacceptable! The action taken by the Republic of Bona against those suspected of being members of the alliance or supporters cannot be termed as legal under the Internation Law. Torture is universally condemned, and whatever its actual practice, no country publicly supports torture or opposes its eradication. The prohibition against torture is well established under customary international law as jus cogens; that is, it has the highest standing in customary law and is so fundamental as to supercede all other treaties and customary laws. It is not according to the guidelines laid in the United Nation Charters. On the grounds of suspiciion, no nation has the right to destroy the villagers life and forcing them to inhumane torture. As per the guidelines laid in the International Law, if the Government of Malox does not apprehend the Alliance, the members of the United Nation may interrupt economic relations of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. United Nations has very important role in International peace among member nations. The Charter of the UN states in its Preamble that the UN was established "to save succeeding generations from the scourge of war"; and its substantive provisions obligate Member States of the UN to "settle their international disputes by peaceful means" (Article 2(3)) and to "refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any manner inconsistent with the Purposes of the United Nations" (Article 2(4)). [United Nations Charter] In place of the traditional right of states to use force, the Charter creates a system of collective security in which the Security Council is authorized to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to "decide what measures shall be taken ... to maintain international peace and security" (Article 39). In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures, as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members. If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems. The United Nations and its member nations shall follow the guidelines laid down in the Charter of United Nations to maintain peace among the nations and come on an understanding between the parties who are being on scourge of war. This shall not only instill peace but also save human kind from destruction. Works Cited 1) UN.org Charter of United Nations, Chapter VII, Action With Respect To Threats To The Peace, Breaches Of The Peace, And Acts Of Aggression, Articles 39 to 51. ; help: aboutun; Page: Charter Read More