War
Crimes Proposal – 2003 Iraq Invasion
The
proposal was passed at the Green Party of Ohio State Convention
1/31/04.
This will be forwarded for consideration at the 2004 GPUS
National Convention.
Appendix
A: U.N. Charter, Chapter VII
ACTION WITH RESPECT TO THREATS TO THE PEACE,
BREACHES OF THE PEACE, AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any
threat to the peace, breach of the peace, or act of aggression
and shall make recommendations, or decide what measures shall
be taken in accordance with Articles 41 and 42, to maintain
or restore international peace and security.
Article 40
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.
Article 41
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.
Article 42
Should the Security Council consider that measures provided
for in Article 41 would be inadequate or have proved to be
inadequate, it may take such action by air, sea, or land forces
as may be necessary to maintain or restore international peace
and security. Such action may include demonstrations, blockade,
and other operations by air, sea, or land forces of Members
of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute
to the maintenance of international peace and security, undertake
to make available to the Security Council, on its call and
in accordance with a special agreement or agreements, armed
forces, assistance, and facilities, including rights of passage,
necessary for the purpose of maintaining international peace
and security.
2. Such agreement or agreements shall govern the numbers and
types of forces, their degree of readiness and general location,
and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon
as possible on the initiative of the Security Council. They
shall be concluded between the Security Council and Members
or between the Security Council and groups of Members and
shall be subject to ratification by the signatory states in
accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall,
before calling upon a Member not represented on it to provide
armed forces in fulfilment of the obligations assumed under
Article 43, invite that Member, if the Member so desires,
to participate in the decisions of the Security Council concerning
the employment of contingents of that Member's armed forces.
Article 45
In order to enable the United Nations to take urgent military
measures, Members shall hold immediately available national
air-force contingents for combined international enforcement
action. The strength and degree of readiness of these contingents
and plans for their combined action shall be determined within
the limits laid down in the special agreement or agreements
referred to in Article 43, by the Security Council with the
assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by
the Security Council with the assistance of the Military Staff
Committee.
Article 47
1. 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.
2. 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.
3. 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.
4. The Military Staff Committee, with the authorization of
the Security Council and after consultation with appropriate
regional agencies, may establish regional sub-committees.
Article 48
1. 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.
2. 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.
Article 49
The Members of the United Nations shall join in affording
mutual assistance in carrying out the measures decided upon
by the Security Council.
Article 50
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.
Article 51
Nothing in the present Charter shall impair the inherent right
of individual or collective self-defence 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. 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.
Return
to: War Crimes Proposal
– 2003 Iraq Invasion
See
also: Appendix B,
Charter of the International Military
Tribunal
(also known as the Nuremburg Tribunals)
August 8, 1945
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