DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/21/2012 9:47:01 AM)
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ORIGINAL: LoreBook You've made a couple rather significant errors in your argument. quote:
NATO's authority to act is only when a NATO member or ally is being attacked. That's it. That isn't quite right. If you read the NATO Charter, you'll see that it in no way limits anything, all it says about a member being attacked is that all members will consider themselves to have been attacked if any of them are. Article 7 specifically states that the NATO Charter in no way limits the obligations of the member states as members of the UN. http://www.nato.int/cps/en/natolive/official_texts_17120.htm quote:
Article 1 The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. ... Article 3 The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened. ... Article 7 This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security. According to the charter, NATO can only authorize military action itself when a member is under attack or in danger of being attacked. The charter, you are correct, also states that NATO can act on the authorization of the UN without the members being necessarily being in danger. quote:
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That action certainly didn't comply with any US authority, any NATO authority, or any UN authorization. Again, not quite right. As I have pointed out NATO has the authority to do whatever it pleases as long as it has done its best to "settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations." And the United nations did authorize the action, Security Council Resolution 1973 authorizes the use of any means short of physically occupying Libya. So, the action was withing US authority (under the UN Treaty - US law), NATO authority (NATO Charter doesn't limit NATO defensive measures and authorizes actions under UN authority), and was authorized by the UN (SCR 1973). So your whole point is in fact incorrect and like I said back in post # 5 quote:
has no relevance or basis in fact, its just the result of being misguided and ill-informed. The preceding statement represents the views and opinions of the author and the author alone, and should in no way be considered an attempt by the author to define or determine anything for anybody but herself. My whole point is not invalid because your interpretation of SCR 1973 is off-base. The UNSC authorized any force necessary short of occupation for a handful of goals. http://www.un.org/News/Press/docs/2011/sc10200.doc.htm These goals are: - Protection of Civilians
- No-Fly Zone
- Enforcement of Arms Embargo
- Ban on Flights In or Through Libyan Air Space (there are a few specifics detailing and modifying this)
- Asset Freeze
Thus, when the NATO started bombing tanks that were not actively fighting, it was not truly in accordance with the UN resolution. The asset freeze was really a non-military action. The No-Fly Zone was completed within hours of the onset of actions. Enforcement of the Arms embargo would not include attacking military installations and command structures. The only way that it can be construed that the UN Resolution was supported by the continued actions of NATO is in Protection of Civilians. What is one to do when the "civilians" are rebels against the sovereign government? Are they not "enemy combatants?" Are they still "civilians" needing to be defended? The world didn't have a huge problem with Khaddafi's attacks on protesters and armed rebels until he started slaughtering them with their air forces. But, to essentially go into a country and ground their air forces, and then, act as the rebel air force, is wrong. It wasn't supported by any UN Resolution. It isn't within NATO's purview. It doesn't align with the US Constitution or the War Powers Resolution. It doesn't even align with 107-40 as Libya was not considered to have taken action to support the 9/11 attacks on the US, nor were they harboring terrorists suspected in having a part in the 9/11 attacks on the US. I do not agree that we had authorization to do go into Libya beyond a no-fly zone and to prevent the slaughter of Libyan civilians. Add into that, that NATO or UN treaties/charters notwithstanding, the US has to act within accordance of the US Constitution and War Powers Resolution first and foremost. When a UN resolution and/or NATO activity does not align with our Constitution, War Powers Resolution or current Federal law, it is superceded by same.
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