Carlsbad, CA
September 30, 2015
The United Nations and The Rule of Law
by Rich Scheck
The call by the Russians for “a genuinely broad international
coalition” to fight ISIS presents the opportunity for a positive
role for the United Nations and the rule of law.
Unilateral interventions by the Western powers in Iraq, Libya, Syria
and elsewhere have led to the disaster predicted years ago by many
pundits who foresaw the high likelihood of regional turmoil.
The decision by George W. Bush to take out Saddam Hussein has
been repeated by Obama in Libya and Syria to the chagrin of those
who clearly warned of the dangers of such foreign entanglements.
The Bush intervention has allowed Iran to emerge as a genuine
regional power as Shiite led Iraq has fallen under its control and
Syria remains a key ally along with Hezbollah in Lebanon.
The decision by Putin in cooperation with China, the SCO
(Shanghai Cooperation Organization) and other interested
parties has created a new counter-force to the West in the
fight against ISIS.
This is a proxy war in the emerging Cold War II.
The comfort level of many to blame Obama ignores the key
role played in this ongoing disaster by President Bush and the
neocon hawks of both parties in Congress who constantly
clamor for more use of force.
Now the potential to stop the ongoing slaughter and humanitarian
disaster of millions of refugees has emerged following the Russian
intervention that is designed to back Assad and prevent regime change.
It is wonderful that the US and Russia are taking baby steps to
“deconflict” their actions in Syria to avoid triggering direct
confrontation that might lead to WWIII.
But the UN Charter specifically outlines provision for international
cooperation by the military forces of the 5 Permanent members of
the Security Council in this type of situation.
Instead of name-calling and finger-pointing in a futile blame game
to see who can look less culpable for creating this tragedy, it is well
past time for those who established the UN to follow the procedures
they agreed to.
If we are to truly save succeeding generations from the scourge of war
and reaffirm faith in human rights, then our leaders should invoke
the formula in the Charter designed to assure the pacific settlement
of disputes.
They should rely on the specific provisions of Article 47 which mandates
establishing a Military Staff Committee to advise the Security council on
how to resolve disputes like we are seeing in Syria.
CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE,
BREACHES OF THE PEACE, AND ACTS OF AGGRESSION (UN Charter)
At this fateful moment in world history, we have it in our power to
move forward together towards peace and economic development
instead of creating more wars and devastation.
It is essential that we proceed lawfully and in the spirit of those who
came before with their vision for establishing world peace.
The UN Charter remains an imperfect reflection of post WWII realities.
In the present tense, it does provide a mechanism for going forward
and preventing the existing catastrophe from spiraling further out of
control leading to WWIII.
It is my fervent prayer that Presidents Obama and Putin, as well
as other world leaders, move forward together and Ensure a future
of peace for mankind.
N. B.: For what it is worth, my understanding is that the Upper House
of the Russian Parliament voted to authorize President Putin to use
force against ISIS in Syria. This constitutionally valid process stands
in contrast to the US interventions is Syria, Libya and elsewhere which
did not receive the mandate dictated by wisdom and our founding
document that Congress sign off on our wars. All this, plus Russia
intervening by invitation in Syria, whereas we are violating the UN
Charter by attacking in a country that does not want us to be there
while supporting forces using violence to achieve regime change.
So much for the rule of law and the requirement to settle disputes
by peaceful means!