Sent: Saturday, August 09, 2008 7:54 AM
To: ghodsi; Chris Gelken
Subject: Iran and the World Court Lawsuits
Call on Iran to sue Israel and US in World Court over threats of military force
CASMII Press Release
9 August 2008
Call on Iran to sue Israel and US in World Court over threats of military force
The US and Israeli leaders have systematically violated Article 2 of the UN Charter in the past few years threatening Iran with military attacks over its disputed nuclear programme. CASMII calls on the Government of Iran to respond positively to the compelling case made by Professor Francis Boyle to sue these countries in the International Court of Justice in The Hague so as to avert an Israel/US war and further sanctions on Iran.
Iran 's nuclear plants including its enrichment facilities are all under the safeguards of the International Atomic Energy Agency (IAEA). Every single report of the Agency on Iran since 2003 when the inspections started – including over a period of two years when Iran voluntarily enforced the Additional Protocol's regime of intrusive inspections – has stressed that there has been no diversion of declared nuclear material into weaponization. Speaking at the World Economic Forum on the Middle East in May this year, Dr Mohammad ElBaradei, the head of the IAEA, asserted : "We haven't seen indications or any concrete evidence that Iran is building a nuclear weapon and I've been saying that consistently for the last five years", and added that the problem is one of trust.
Conditions for reporting the nuclear file of a signatory to the Nuclear Non-Proliferation Treaty (NPT) is spelled out in Article 12(c) of the IAEA Statute. As Michael Spies of the International Association of Lawyers Against Nuclear Arms has explained : "Verification and enforcement of the non-proliferation objectives contained in the NPT are limited, in part to maintain the balance of rights and obligations of states parties. NPT Safeguards, administered by the International Atomic Energy Agency (IAEA), are limited to verifying that no nuclear material in each non-weapon state has been diverted to weapons or unknown use. These safeguards allow for the IAEA to report a case of non-compliance to the Security Council only if nuclear material is found to have been diverted."
Despite the absence of any evidence of a nuclear weaponization programme and contrary to Article 12(c) of the IAEA Statute, the US pressured the member states of the Governor's Board of the IAEA to report Iran 's file to the UN Security Council in February 2006.
Even a powerful country like India was threatened by the US Ambassador, David Mulford, who publicly declared in January 2006 that there would be no US–India nuclear deal if India did not vote against Iran in the Board. Stephen Rademaker, the then Assistant Secretary for Non-Proliferation and Global Security, boasted a year later in a public meeting that India 's vote was coerced by the US.
The decision of IAEA's Governors Board in February 2006 to report Iran 's file to the UN Security Council, which has resulted in four UN Security Council resolutions and three rounds of sanctions against Iran , has therefore no real legal basis. In the words of Michael Spies: "Under a traditional view, the authority of the Security Council is limited to cases which have been found to constitute a threat to international peace and security. But as we have seen in the case of Iran , which takes place what was formerly a legal vacuum, the Council's "innovative" approach has resulted in a(nother) de facto expansion of its role beyond the relatively narrow precepts of the UN Charter and has poised it to become the ultimate enforcer of global treaty regimes."
Moreover, the four Security Council resolutions adopted against Iran, themselves violate the UN Charter as they are all based on Articles of Chapter 7 (Resolution 1696, 31-07-2006, under Article 40, Resolution 1373 on 23-12-2006, under Article 41, Resolution 1747 on 24-03-2007, under Article 41 and Resolution 1803 on 03-03- 2008, under Article 41) without invoking Article 39 that was required to establish that Iran's nuclear programme is a "threat to peace, breach of peace, or act of aggression".
Michael Spies concludes from this that "it calls into question the legitimacy of [the Security] Council in intruding on matters of enforcing treaty law on matters that do not rise to the level of threat to the peace."
The Government of Iran, representing the country in international relations, has the duty to confront coercion, unjustified pressures and sanctions against Iran 's national interests on all fronts including in the legal domain. Iran should have sued the US through the International Court of Justice at an early date and in any case certainly after the US Ambassador's well-documented public threat to coerce India against Iran in January 2006.
In the absence of any legal challenge taken up by Iran in the international sphere, Israel , the US and their European allies – the UK and France – became emboldened to threaten Iran with military intervention since 2004.
The Israeli and US leaders have made a mockery of international law and routinely declare that "all options are on the table", which has become a euphemism for threatening "pre-emptive military strike". Terrifyingly, in his response to a reporter, President Bush has not even ruled out a nuclear attack on Iran , a non-nuclear armed state.
More recently, Shaul Mofaz, Israel's Deputy Prime Minister, stated publicly in early June, when Israel reportedly conducted a dress rehearsal of a military strike on Iran's nuclear plants, that "Israel will attack Iran if it doesn't abandon its nuclear program", a statement that was strongly condemned by the IAEA. Mofaz repeated the threat later in July and said "if there won't be a choice other than a nuclear Iran or a military option, it's clear what our decision has to be", a threat he reiterated again on 1 August.
The consistent Israeli and American bellicose statements and activities in recent weeks have prompted a large group of prominent Israeli academics to set up an "Ad Hoc Group Against Israeli Attack on Iran " which has issued a press release declaring that "There is no military, political or moral justification to initiate war with Iran ".
The military threats contravene Article 2(4) of the UN Charter that clearly states: "All Members shall 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 other manner inconsistent with the Purposes of the United Nations."
Israeli and American threats of using military aggression against Iran should remind us of the fundamental charge against the Nazi leaders in their trials after the Second World War. The Nuremberg Tribunal, which brought Hitler's henchmen to justice for their wars of aggression, asserted : "War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."
The case against the US and Israel has been well formulated by Professor Francis Boyle who has recommended that Iran should sue these countries in the International Court of Justice in The Hague.
By insisting on the pre-condition that Iran must suspend uranium enrichment which is Iran 's right under the NPT, the US is in effect refusing to negotiate with Iran in good faith while threatening it with further sanctions, a de facto naval blockade and military intervention. But Iran voluntarily suspended its enrichment programme and enforced the Additional Protocol under President Khatami for some two years without gaining any thing in return.
In contrast, Iran has proposed that its enrichment programme be carried out under the auspices of an international consortium with Western participation and has also offered to enforce the IAEA's Additional Protocol if its nuclear file is returned to the Agency. These two proposals, which would provide full transparency of Iran 's nuclear programme and guarantee that it would remain for peaceful purposes only, form a very reasonable ground for negotiations with the US and its European allies to remove any suspicions about Iran 's nuclear activities. It is reasonable to expect that an international court of law would issue a restraining order against the US and Israeli threats and force the US to drop its precondition and ultimatums and enter into comprehensive and unconditional negotiations for a peaceful resolution of its standoff with Iran .
CASMII calls on Iran to challenge the reckless and illegal threats against the country and wage a legal battle to sue the US and Israel in the World Court, which in the very least would bring to world public attention the facts of the nuclear issue and debunk the lies and distortions propagated against it. A lawsuit against Israel and the US is now an essential component of averting a catastrophic war in the Middle East which would have devastating repercussions for the whole world.
For more information or to contact CASMII visit http://www.campaigniran.org
A blog hosted by the Right Honorable The Earl of Stirling, hereditary Governor & Lord Lieutenant of Canada, Lord High Admiral of Nova Scotia. Covers diverse topics including European and North American politics and economics, strategy, war, religion, high technology, End Times, medicine, Scotland, Scottish clans, Scots Peerage Law, and more.
Thursday, August 7, 2008
The lead American ship in these war games, the USS Theodore Roosevelt (CVN71) and its Carrier Strike Group Two (CCSG-2) are now headed towards Iran along with the USS Ronald Reagon (CVN76) and its Carrier Strike Group Seven (CCSG-7) coming from Japan.
They are joining two existing USN battle groups in the Gulf area: the USS Abraham Lincoln (CVN72) with its Carrier Strike Group Nine (CCSG-9); and the USS Peleliu (LHA-5) with its expeditionary strike group.
Likely also under way towards the Persian Gulf is the USS Iwo Jima (LHD-7) and its expeditionary strike group, the UK Royal Navy HMS Ark Royal (R07) carrier battle group, assorted French naval assets including the nuclear hunter-killer submarine Amethyste and French Naval Rafale fighter jets on-board the USS Theodore Roosevelt. These ships took part in the just completed Operation Brimstone.
The build up of naval forces in the Gulf will be one of the largest multi-national naval armadas since the First and Second Gulf Wars. The intent is to create a US/EU naval blockade (which is an Act of War under international law) around Iran (with supporting air and land elements) to prevent the shipment of benzene and certain other refined oil products headed to Iranian ports. Iran has limited domestic oil refining capacity and imports 40% of its benzene. Cutting off benzene and other key products would cripple the Iranian economy. The neo-cons are counting on such a blockade launching a war with Iran.
The US Naval forces being assembled include the following:
Carrier Strike Group Nine
USS Abraham Lincoln (CVN72) nuclear powered supercarrier
with its Carrier Air Wing Two
Destroyer Squadron Nine:
USS Mobile Bay (CG53) guided missile cruiser
USS Russell (DDG59) guided missile destroyer
USS Momsen (DDG92) guided missile destroyer
USS Shoup (DDG86) guided missile destroyer
USS Ford (FFG54) guided missile frigate
USS Ingraham (FFG61) guided missile frigate
USS Rodney M. Davis (FFG60) guided missile frigate
USS Curts (FFG38) guided missile frigate
Plus one or more nuclear hunter-killer submarines
Peleliu Expeditionary Strike Group
USS Peleliu (LHA-5) a Tarawa-class amphibious assault carrier
USS Pearl Harbor (LSD52) assult ship
USS Dubuque (LPD8) assult ship/landing dock
USS Cape St. George (CG71) guided missile cruiser
USS Halsey (DDG97) guided missile destroyer
USS Benfold (DDG65) guided missile destroyer
Carrier Strike Group Two
USS Theodore Roosevelt (DVN71) nuclear powered supercarrier
with its Carrier Air Wing Eight
Destroyer Squadron 22
USS Monterey (CG61) guided missile cruiser
USS Mason (DDG87) guided missile destroyer
USS Nitze (DDG94) guided missile destroyer
USS Sullivans (DDG68) guided missile destroyer
USS Springfield (SSN761) nuclear powered hunter-killer submarine
IWO ESG ~ Iwo Jima Expeditionary Strike Group
USS Iwo Jima (LHD7) amphibious assault carrier
with its Amphibious Squadron Four
and with its 26th Marine Expeditionary Unit
USS San Antonio (LPD17) assault ship
USS Velia Gulf (CG72) guided missile cruiser
USS Ramage (DDG61) guided missile destroyer
USS Carter Hall (LSD50) assault ship
USS Roosevelt (DDG80) guided missile destroyer
USS Hartfore (SSN768) nuclear powered hunter-killer submarine
Carrier Strike Group Seven
USS Ronald Reagan (CVN76) nuclear powered supercarrier
with its Carrier Air Wing 14
Destroyer Squadron 7
USS Chancellorsville (CG62) guided missile cruiser
USS Howard (DDG83) guided missile destroyer
USS Gridley (DDG101) guided missile destroyer
USS Decatur (DDG73) guided missile destroyer
USS Thach (FFG43) guided missile frigate
USNS Rainier (T-AOE-7) fast combat support ship
Also likely to join the battle armada:
UK Royal Navy HMS Ark Royal Carrier Strike Group with assorted guided missile destroyers and frigates, nuclear hunter-killer submarines and support ships
French Navy nuclear powered hunter-killer submarines (likely the Amethyste and perhaps others), plus French Naval Rafale fighter jets operating off of the USS Theodore Roosevelt as the French Carrier Charles de Gaulle is in dry dock, and assorted surface warships
Various other US Navy warships and submarines and support ships. The following USN ships took part (as the "enemy" forces) in Operation Brimstone and several may join in:
USS San Jacinto (CG56) guided missile cruiser
USS Anzio (CG68) guided missile cruiser
USS Normandy (CG60) guided missile cruiser
USS Carney (DDG64) guided missile destroyer
USS Oscar Austin (DDG79) guided missile destroyer
USS Winston S. Churchill (DDG81) guided missile destroyer
USS Carr (FFG52) guided missile frigate
The USS Iwo Jima and USS Peleliu Expeditionary Strike Groups have USMC Harrier jump jets and an assortment of assault and attack helicopters. The Expeditionary Strike Groups have powerful USMC Expeditionary Units with amphibious armor and ground forces trained for operating in shallow waters and in seizures of land assets, such as Qeshm Island (a 50 mile long island off of Bandar Abbas in the Gulf of Hormuz and headquarters of the Iranian Islamic Revolutionary Guards Corps).
The large and very advanced nature of the US Naval warships is not only directed at Iran. There is a great fear that Russia and China may oppose the naval and air/land blockade of Iran. If Russian and perhaps Chinese naval warships escort commercial tankers to Iran in violation of the blockade it could be the most dangerous at-sea confrontation since the Cuban Missile Crisis. The US and allied Navies, by front loading a Naval blockade force with very powerful guided missile warships and strike carriers is attempting to have a force so powerful that Russia and China will not be tempted to mess with. This is a most serious game of military brinkmanship with major nuclear armed powers that have profound objections to the neo-con grand strategy and to western control of all of the Middle East's oil supply.
The Russian Navy this spring sent a major battle fleet into the Mediterranean headed by the modern aircraft carrier the Admiral Kuznetsov and the flagship of its Black Sea Fleet, the Guided Missile Heavy Cruiser Moskva. This powerful fleet has at least 11 surface ships and unknown numbers of subs and can use the Russian naval facility at Syria's Tartous port for resupply. The Admiral Kuznetsov carries approximately 47 warplanes and 10 helicopters. The warplanes are mostly the powerful Su-33, a naval version (with mid-air refueling capability) of the Su-27 family. While the Su-33 is a very powerful warplane it lacks the power of the stealth USAF F-22. However, the Russians insist that they have developed a plasma based system that allows them to stealth any aircraft and a recent incident where Russian fighters were able to appear unannounced over a US Navy carrier battle group tends to confirm their claims. The Su-33 can be armed with the 3M82 Moskit sea-skimming missile (NATO code name SS-N-22 Sunburn) and the even more powerful P-800 Oniks (also named Yakhonts; NATO code name SS-N-26 Onyx). Both missiles are designed to kill US Navy supercarriers by getting past the cruiser/destroyer screen and the USN point-defense Phalanx system by using high supersonic speeds and violent end maneuvers. Russian subs currently use the underwater rocket VA-111 Shkval (Squall), which is fired from standard 533mm torpedo tubes and reaches a speed of 360kph (230mph) underwater. There is no effective countermeasures to this system and no western counterpart.
A strategic diversion has been created for Russia. The Republic of Georgia, with US backing, is actively preparing for war on South Ossetia. The South Ossetia capital has been shelled and a large Georgian tank force has been heading towards the border. Russia has stated that it will not sit by and allow the Georgians to attack South Ossetia. The Russians are great chess players and this game may not turn out so well for the neo-cons. UPDATE 8 August 2008 ~ War has broken out between Georgia and South Ossetia. At least 10 Russian troops have been killed and 30 wounded and 2 Russian fighter jets downed. American Marines, a thousand of them, have recently been in Georgia training the Georgian military forces. Several European nations stopped Bush and others from allowing Georgia into NATO. Russia is moving a large military force with armor towards the area. This could get bad, and remember it is just a strategic diversion....but one that could have horrific effects. Link to story "Russia sends forces into Georgia rebel conflict".
Kuwait has activated its "Emergency War Plan" as it and other Gulf nations prepare for the likelihood of a major regional war in the Middle East involving weapons of mass destruction.
The two-ton elephant in the living room of the neo-con strategy is the advanced biowar (ABW) that Iran, and to a lessor extent Syria, has. This places the motherlands of the major neo-con nations (America, France, the United Kingdom), as well as Israel, in grave danger. When the Soviet Union fell the Iranians hired as many out-of-work former Soviet advanced biowar experts as possible. In the last 15 or so years they have helped to develop a truly world class ABW program utilizing recombination DNA genetic engineering technology to create a large number of man made killer viruses. This form of weapon system does not require high tech military delivery systems. The viruses are sub-microscopic and once seeded in a population use the population itself as vectors. Seeding can be done without notice in shopping malls, churches, and other public places. The only real defense to an advanced global strategic biowar attack is to lock down the population as rapidly as possible and let those infected die off.
Unless the public gets it act together and forces the neo-cons to stop the march to yet another war in the Middle East we are apt to see a truly horrific nightmare unfold in OUR COUNTRIES.
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