---------- Forwarded message ----------
From: Boyle, Francis <[email protected]>
Date: Sat, Jan 7, 2012 at 7:26 AM
Subject: Preventing War by the United States against Iran
To: Killeacle <[email protected]>


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*Article 2 (3) of the United Nations Charter requires the pacific
settlement of the international dispute between the United States and Iran.
To the same effect is article 33 and the entirety of Chapter VI of the
United Nations Charter that mandate and set up numerous procedures for the
pacific settlement of the international dispute between the United States
and Iran. And of course Article 2(4) of the U.N. Charter  prohibits both
the threat and use of force by the United States against Iran.*

* *

*Furthermore, both Iran and the United States are parties to the
Kellogg-Briand Peace Pact of 1928, upon which legal basis the Nazi Leaders
 were prosecuted by the United States, inter alia, at Nuremberg for Crimes
against Peace, sentenced to death, and executed. In  Article I  thereof the
States Parties “condemn recourse to war for the solution of international
controversies, and renounce it, as an instrument of national policy in
their relations with one another." The United States has been illegally
threatening war against Iran going back to the Bush Jr. Administration.
Article II requires the United States only to pursue a pacific settlement
of its international dispute with Iran: “The High Contracting Parties agree
that the settlement or solution of all disputes or conflicts of whatever
nature or of whatever origin they may be, which may arise among them, shall
never be sought except by pacific means.”*

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*Finally, both the United States and Iran are parties to the 1899 Hague
Convention for the Pacific Settlement of International Disputes. This
seminal Hague Peace Convention establishes numerous mechanisms for the
pacific settlement of international disputes between contracting parties
that are too numerous to analyze here. But they are discussed in detail in
my book Foundations of World Order (Duke University Press: 1999). According
to article 27 thereof, if a serious dispute threatens to break out between
contracting powers, it was the DUTY of the other contracting powers to
remind them that the Permanent Court of Arbitration in The Hague is  open
to them, and such reminder could not be treated as an unfriendly act of
intervention by the disputants. Today the world needs one State party to
either the 1899 Hague Convention for the Pacific Settlement of
International Disputes or the 1907 Hague Convention for the Pacific
Settlement of International Disputes to publicly remind both the United
States and Iran that the Permanent Court of Arbitration in The Hague,
together with its International Bureau and the entirety of the 1899 Hague
 Convention for the Pacific Settlement of International Disputes , are
available to the two States in order to resolve their dispute in a peaceful
manner. *

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*     After  the terrorist assassination of Archduke Francis Ferdinand in
Sarajevo in June  of 1914, Serbia made an offer to Austria to submit the
entire dispute to “the International Tribunal of The Hague”—i.e.,to  the
Permanent Court of Arbitration in The Hague. Austria did not accept the
offer, the First World War broke out, and about 10 Million Human Beings
were needlessly slaughtered. The death toll from World War III will be
incalculable. Humanity must not allow our history to repeat  itself!
Otherwise, that could be the end of our Humanity.*

* *

*Francis A. Boyle*

*Professor of International Law*

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Francis A. Boyle****

Law Building****

504 E. Pennsylvania Ave.****

Champaign, Illinois 61820****

217-333-7954 (voice)****

217-244-1478 (fax)****

(personal comments only)****

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