From: "mart" <[EMAIL PROTECTED]>

Subject: [pttp] Fw:  INTERNATIONAL LAW: THE ILLEGALITY OF THE WAR ON
AFGHANIS

The author of this article may be  totally correct about the illegality of
this war, but people,
especially nice bourgeios liberals, need to understand that the U.S has
never given a damn about
 "international law", except when it suits its perceived interests. The U.S
does what it wants in
the world simply because it can and has the millitary and economic force to
impose it's will.
mart
----- Original Message -----
From: Compa�ero 
Sent: Tuesday, October 16, 2001 2:51 PM
Subject: [CubaNews] INTERNATIONAL LAW: THE ILLEGALITY OF THE WAR ON AFGHANIS



INTERNATIONAL LAW: THE ILLEGALITY OF THE WAR ON AFGHANISTAN
by Gail Davidson, lawyer

"We the peoples of the United Nations determined to save succeeding
generations from the scourge of war."

The war against Afghanistan is illegal.  The US, assisted by Canada and
Britain is bombing Afghanistan and will perhaps use additional force with
ground troops for the stated purpose of capturing or killing Osama bin
Laden and others associated with his organization and of toppling the
Taliban government.

No international or national law or policy legalizes these attacks on
Afghanistan.  No resolutions of the United Nations' Security Council or the
North Atlantic Treaty Organization could provide a legal justification for
these attacks and none do.

The war against Afghanistan violates international law including the
Charter of the United Nations (The Charter), the Geneva Conventions and the
relevant provisions of the eleven International agreements dealing with the
suppression and control of terrorism.  The attacks by bombing and the use
of other military force are war crimes pursuant to the Rome Statute.

THE CHARTER OF THE UNITED NATIONS (THE CHARTER)

The Charter prohibits the use and the threatened use of any force in their
international relations.  The Charter specifically prohibits the use of
force to topple foreign governments.  It goes without saying that all
national and international laws forbid the killing of non-combatants (i.e.
arguably all Afghanis) the bombing and other use of force in Afghanistan
will inevitably kill and injure large numbers of non-combatants.  The
October 11 edition of the Vancouver Sun reports 200 Afghanistan people
killed in US bombing raids including 4 United Nations employees.  October
13, 2001 reports indicate a residential area hit by a missile.  Mass
killing of non-combatants is considered by the world community the most
egregious of crimes.
The Preamble to the Rome Statute, in reference to such crimes states,
"Mindful that during this century millions of children, women and men have
been victims of unimaginable atrocities that deeply shock that conscience
of humanity."

The United States, United Kingdom Canada and Afghanistan are all Member
States of the United Nations.  The Charter of the United Nations imposes on
members the binding obligation to settle disputes in a manner that ensures
the maintenance of peace and justice.  Article 2 of the Charter prohibits
the use or threatened use of force against another state.  [See Box I] The
Article 2 prohibition applies to all force and is a rule of customary
international law.  As such the Article 2 prohibition is universally
binding even on the few states not members of the United Nations.
(Nicaragua 2. U.S., ICJ Reports, 1986, pp. 98-101)

The Article 2 prohibition has been reiterated in numerous Resolutions of
the UN General Assembly.  For example on 17 December 1984 the UN General
Assembly passed a resolution affirming the inadmissibility of the policy of
State terrorism including actions by States aimed at undermining the
socio-political systems in other sovereign states.  This resolution
specifically prohibits the use of military action and contains the demand:

".that all States take no actions aimed at military intervention and
occupation, forcible change in or undermining of the socio-political system
of States, destabilization and overthrow of the their Governments and, in
particular, initiate no military action to that end under any pretext
whatsoever and cease forthwith any such action already in progress."

The fact that the attacks on Afghanistan are in response to horrific crimes
believed to have been committed by people believed to be hiding in
Afghanistan does not provide any legal justification whatsoever.  As
observed in "A Modern Introduction to International Law, 7th edition", page
261, "The Charter is based on the belief that international law should not
be enforced at the expense of international peace."  Neither can
international law be enforced by the commission of more crimes.


Box ICHARTER OF THE UNITED NATIONS - The Preamble to the Charter states the
purpose of the United Nations as "to save succeeding generations from the
scourge of war".  Articles 2 prohibits the use of force (3) &(4)
read:ARTICLE 2. 3 All Members shall settle their international disputes by
peaceful means in such a manner that international peace and security, and
justice, are not endangered.ARTICLE 2. 4 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.

SECURITY COUNCIL RESOLUTIONS
The United Nations Security Council, (Security Council), the body with
primary responsibility for the maintenance of international peace and
security, passed two resolutions regarding the September 11 attacks:
resolution 1268 on 12 September 2001 and Resolution 1373 on 28 September
2001.  Neither resolution authorizes the use of force.

Resolution 1373 (2001) adopted by the Security Council at its 4385th
meeting on 28 September 2001 (incorporating the earlier resolution 12
September) affirms the responsibility of Member States to take only those
measures that are:
"in compliance with national and international law including international
human rights standards' to prevent and suppress terrorist attacks and to
take action against the perpetrators of such acts.

Security Council resolution 1373 specifically restricts member states to
actions that are authorized by law and in accordance with the Charter of
the United Nations.

Canada is already largely in compliance with the directives contained in
Resolution 1373 and has promulgated regulations under Canada's United
Nations Act to implement provision of the resolution, including prohibiting
financing and fundraising and for freezing the assets of terrorist
organizations.

Article 51 of the Charter defines Member States' right of
self-defence.  This article neither authorizes bombing and armed force as
self-defence nor bestows legal authority for the US to wage war.  Article
51 gives Member States the narrow power to defend themselves against a
continuing armed assault until such time as the Security Council intervenes
to maintain and restore peace and security.  Article 51 of the Charter of
the United Nations (The Charter) does not create any right to make
retaliatory attacks or to engage in the use of force to repel anticipated
armed attacks.  The right to self-defense in Article 51 is restricted to
actions that are necessary to repel and proportionate to an ongoing armed
attack and only exists until the Security Council takes measures to restore
peace and security.  The right to self defense is restricted to self
defense action and is further restricted to those actions necessary to
maintain "international peace and security" and must be carried out in
accordance with The Charter.

The entire Charter is based on the premise Member States must maintain
international peace, security and justice and may not use force to settle
international disputes or to remove foreign governments.  Article 51 does
not displace the obligation imposed on States by Article 2. [See Box II]

Box IICHARTER OF THE UNITED NATIONS  RIGHT TO SELF DEFENCEARTICLE
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-defense 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."

NORTH ATLANTIC TREATY ORGANIZATION RESOLUTIONS
Media coverage also infers that some legal authority for the use of armed
force against Afghanistan or the Taliban was created by the resolutions of
the North Atlantic Treaty Organization (NATO).  That is entirely false.

NATO, a regional organization with the goal of restoring and maintaining
the security of the North Atlantic area, resolved on September 12 2001 that
the September 11 attacks were covered by Article 5 of the Washington Treaty
and therefore all NATO members will consider the September 11 attacks as an
armed attack against all NATO members.  [See Box III]

Box IIIARTICLE 5 OF THE WASHINGTON TREATY"The Parties agree that an armed
attack against one or more of them in Europe or North America shall be
considered an attack against them all and consequently they agree that, if
such an armed attack occurs, each of them, in exercise of the right of
individual or collective self-defence recognized by Article 51 of the
Charter of the United Nations will assist the Party or Parties so attacked
by taking forthwith, individually and in concert with the other Parties,
such actions as it deems necessary, including the use of armed force, to
restore and maintain the security of the North Atlantic area.  Any such
armed attack and all measure taken as a result thereof shall immediately be
reported to the Security Council.  Such measures shall be terminated when
the Security Council has taken the measures necessary to respect and
maintain international peace and security."

Although this resolution enabled NATO countries to act collectively,
countries were restricted to action determined by the North Atlantic
Council.  The September 12 resolution in clear language barred any action
until further decision by the Council.
"No collective action will be taken by NATO until further consultations are
held and further decisions are made by the North Atlantic Council."

On October 5 2001 NATO at the request of the United States agreed to take
eight measures collectively and individually including the provision of
'blanket over flight clearances for US. aircraft and to provide access to
ports and airfields to US.
NATO thereby agreed to facilitate actions taken by the US outside the
restrictions of the NATO decision-making process. [Box IV]

The United States has rejected this collective approach and has put
together its own group of 'allies' leaving the US in control of all aspects
of the current bombing of Afghanistan and of any future war actions
including bombings of additional countries.  Lloyd Axworthy correctly
described the 'coalition' of which Canada is now an active member as a
"hub-and-spoke arrangement, where direction comes from the centre with
little input from the outside members." (The Globe and Mail Monday October
8 2001)

Box IV  NATO RESOLUTION 5 OCTOBER 2001The October 5 2001 NATO Allies agreed
to:�Enhance intelligence sharing and cooperation, both bilaterally and in
the appropriate NATO bodies, relating to the threats posed by terrorism and
the actions be taken against it;�Provide, individually or collectively, as
appropriate and according to their capabilities, assistance to Allies and
other states which are or may be subject to increased terrorist threats as
a result of their support for the campaign against terrorism;�Take
necessary measures to provide increased security for facilities of the
United States and other Allies on their territory;�Backfill selected Allied
assets in NATO's area of responsibility that are required to directly
support operations against terrorism;�Provide blanket over flight
clearances for the United States and other Allies' aircraft, in accordance
with the necessary air traffic arrangements and national procedures, for
military flights related to operation against terrorism;�Provide access for
the United States and other Allies to ports and airfields on the territory
of NATO nations for operations against terrorism, including for refueling,
in accordance with national procedures.�That the Alliance is ready to
deploy elements of its Standing Naval Forces to the Eastern Mediterranean
in order to provide a NATO presence and demonstrate resolve; and�That the
Alliance is similarly ready to deploy elements of its NATO Airborne Early
Warning force to support operations against terrorism.

Article 52 of the Charter restricts regional agencies, including NATO, to
activities consistent with the purposes and principles of the United
Nations. The NATO resolutions cannot override the provision of the UN
Charter.

Yet without authorization from the Security Council the US, UK and Canada
are bombing Afghanistan, and US President Bush threatens to bomb other
countries.  These threats and the threats to "starve" the Taliban are
themselves crimes pursuant to the provision of to the Geneva Convention
Protocol 1. (See Box V)

GENEVA CONVENTIONS PROTOCOL 1- RELATING TO THE PROTECTION OF VICTIMS OF
INTERNATIONAL ARMED CONFLICTS

The Geneva Convention Protocol 1 is an absolute prohibition against attacks
and threats of attacks on civilians. [See Box IV]  Protocol 1 also
prohibits indiscriminate attacks.  Indiscriminant attacks are defined as
including: attacks by any method or means that will either strike military
and civilians objects without distinction or cause death and injury to
civilians disproportionate to the "concrete and direct military advantage
anticipated."  Reprisals against civilians, starvation as a method of
warfare and attacking or destroying objects indispensable to the survival
of the civilian population, such as food, crops, livestock, drinking water
and irrigation systems are all strictly and absolutely prohibited.


Box VTHE GENEVA CONVENTION PROTOCOL 1 (The Protocol Additional To the
Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts adopted 8 June 1977 by the
Diplomatic Conference on the Reaffirmation and Development of International
Humanitarian Law applicable in Armned Conflicts entry into force 7 December
1979) begins with an affirmation of the obligation to refrain from the use
of force.  The Preamble to Protocol 1 states;"Recalling that every State
has the duty, in conformity with the Charter of the United Nations, to
refrain in its international relations from the threat or use of force
against the sovereignty, territorial integrity or political independence of
any State, or in any other manner inconsistent with the purposes of the
United Nations."Box V (cont'd)Article 51 Protection of the civilian
population1.The civilian population and individual civilians shall enjoy
general protection against dangers arising from military operation..2.The
civilian population as such, as well as individual civilians, shall not be
the object of attack.  Acts or threats of violence the primary purpose of
which is to spread terror among the civilian population are
prohibited.  3.Civilians shall enjoy the protection afforded by this
Section, unless and for such time as they take a direct part in
hostilities. 4.Indiscriminant attacks are prohibited.  Indiscriminate
attacks are:.c. Those which employ a method or means of combat the effects
of which cannot be limited as required by this Protocol; and consequently,
in each such case, are of a nature to strike military objectives and
civilians or civilian objects without distinction.5.Among others, the
following types of attacks are to be considered indiscriminate;a.an attack
by bombardment by any methods or means which treats as a single military
objective a number of clearly separated and distinct military objectives
located in a city, town, village or other area containing a similar
concentrating of civilians or civilian objects; andb.an attack which may be
expected to cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which would be
excessive in relation to the concrete and direct military advantage
anticipated.6.Attacks against the civilian population or civilians by way
of reprisals are prohibited.Article 54  Protection of Objects indispensable
to the survival of the civilian population1.Starvation of civilians as a
method of warfare is prohibited.

MULTI-LATERAL AGREEMENTS AGAINST TERRORISM

Although the international community has not defined terrorism there are 11
international legal agreements that enable the international community to
take legal actions to suppress terrorism and to prosecute those responsible
for acts of terrorism.  [See Box VI]

The European Justice Ministers at their recent conference (Moscow, 4-5
October 2001) called on all European member and observer states to become
Parties to the international treaties on terrorism in particular the 1999
International Convention for the Suppression of the Financing of Terrorism.

The September 11 attacks are illegal under these conventions.  So is the
war against Afghanistan.  Some examples of the illegality of the attacks
against Afghanistan under two of these Conventions follow.

The Convention to Suppress Terrorist Bombings (58 signatories, 29 parties)
has been signed and ratified by the UK.  Canada and the US have signed, 12
January 1998 and have not ratified.  The Convention to Suppress Terrorist
Bombings defines in Article 24 a terrorist bomber as a person who
unlawfully and intentionally delivers, places, discharges or detonates a
bomb, explosive, lethal or incendiary device in, into or against a place of
public use, a state or government facility, a public transportation system
or an infrastructure facility with the intent to cause death or serious
bodily injury or the destruction of such a place resulting in major
economic loss.

This definition would appear to include the person(s) bombing Afghanistan.
The US led attacks on Afghanistan highlight one of the critical reasons for
defining terrorism; to preclude the use of war to combat terrorism.

The International Convention for the Suppression of the Financing of
Terrorism (25 February 2000) by Article 2 makes it an offence to directly
or indirectly provide funds to be used to carry out,
"any other act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the
hostilities in a situation of armed conflict, when the purpose of such act,
by its nature or context, is to intimidate a population, or to compel a
Government or an international organization to do or to abstain from doing
any act."

Box VI - MULTI-LATERAL AGREEMENTS ON TERRORISM1.CONVENTION ON OFFENCES
AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT SIGNED AT TOKYO ON 14
SEPTEMBER 1963Entry into force: Convention entered into force on
4December1969 Status: 41 signatories; 172 contracting States.2.CONVENTION
FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFTSIGNED AT THE HAGUE
ON 6 DECEMBER 1970
Entry into force: The Convention entered into force on 14
October 1971.Status: 77 signatories; 174 contracting States3.CONVENTION FOR
THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL
AVIATION SIGNED AT MONTREAL ON 23 SEPTEMBER 1971Entry into force:
 The Convention entered
into force on 26 January 1973.Status: 60 signatories; 175 contracting
States4.PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT
AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE
CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF
CIVIL AVIATION, SIGNED AT MONTREAL ON 24 FEBRUARY 1988
Entry into force: The Protocol entered into force on 6August1989.Status: 69
signatories; 107 
contracting States5.CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR
MATERIALEntry into force: 8 February 1987 Parties: 69Signatories:
456.CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY
OF 
MARITIME NAVIGATION, 1988Adoption: 10 March 1988
Entry into force: 1 March 19927.CONVENTION ON THE MARKING OF PLASTIC
EXPLOSIVES FOR THE PURPOSE OF DETECTION SIGNED MONTREAL 1 MARCH 1991
Entry into force: 21 June 1998Status: 51 signatories, 68 contracting
States8.INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TERRORIST
BOMBINGSNew York, 15 December 1997 Entry into force: 23 May 2001, in
accordance with article 22 (1).Registration: 23 May 2001, No. 37517.Status:
Signatories: 58, Parties: 29BOX VI (cont'd)9.INTERNATIONAL CONVENTION
AGAINST THE TAKING OF HOSTAGES New York, 17 December 1979 Entry into force:
3 June 1983, in accordance with article 18(1).Registration: 3 June 1983,
No. 21931.Status: Signatories: 39, Parties: 9610.
CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST
INTERNATIONALLY PROTECTED
PERSONS, INCLUDING DIPLOMATIC AGENTSNew York, 14 December 1973Entry into
force: 20 February 1977, in accordance with article 17 (1).Registration: 20
February 1977, No. 15410.Status: Signatories: 25, Parties:
107.11.INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF
TERRORISM New York, 9 December 1999Not yet in force: (see article
26).Status: Signatories: 57, Parties

THE ROME STATUTE AND THE INTERNATIONAL CRIMINAL COURT

The September 11 attacks are crimes pursuant to national and international
law and many member states have called for these crimes of terrorism to be
brought before the International Criminal Court (ICC).  This is not
possible because the ICC does not yet exist.  It may not be possible to
prosecute these crimes through the ICC when it comes into operations
because Article 11 of the Rome Statute precludes prosecutions for offences
that took place prior to the statute coming into operation.  However some
legal commentators argue that Article 11 is invalid because it is contrary
to the General Assembly resolution #2391 of 26 November 1968 that passed
the Convention on the Non-Applicability of Statutory Limitations to War
Crimes and Crimes Against Humanity.

The Rome Statute (The ICC Treaty) is a multi-lateral treaty approved by 120
countries on July 17, 1998 and is the constituent statute for the
ICC.  (120 voted for, 7 against and 20 abstentions.  The US and China were
amongst the 7 countries voting against acceptance of the Rome Statute on 17
[sic] July 1998)

The International Criminal Court will begin operation when 60 Countries
ratify the Rome Statute.  As of October 12 2001 43 countries have ratified
and 139 countries have signed the Rome Statute.  The US despite significant
involvement in the drafting of the Rome Statute is the only Western
democracy now opposed.  The US Congress recently re-introduced the bill
that will ban any kind of cooperation and military assistance with Member
States of the UN that have ratified the Rome Statute and obstruct the
participation of the US in UN peacekeeping operations.  The same bill will
authorize the President of the US to use "all the necessary measures" to
liberate any US citizens detained by the ICC.

This is in stark contrast to the past US record of support to international
criminal courts.  The US spearheaded the Nuremberg and Tokyo Tribunals and
the creation of the International Criminal Tribunals for the former
Yugoslavia and Rwanda.
The Rome Statute defines three categories of international crimes committed
during violent conflicts between and within states: war crimes, crimes
against humanity and genocide.  The Rome Statute also creates the
International Criminal Court to be a,
"permanent institution and shall have the power to exercise its
jurisdiction over persons for the most serious crimes of international
concern, as referred to in this [Rome] statute, and shall be complementary
to national criminal jurisdictions."(Article 1)

The International Criminal Court will have jurisdiction to prosecute these
crimes when the state(s) having jurisdiction are unable or unwilling to do
so.  Crimes of aggression will eventually be within the jurisdiction of the
International Criminal Court.

The US still vigorously opposes the creation of an International Criminal
Court.  However, the European community vigorously supports the creation of
an International Criminal Court with jurisdiction over a broader range of
crimes.  On 26 September 2001 the Council of Europe parliamentary assembly
voted in favour of expanding the mandate of the International Criminal
Court to allow it to prosecute perpetrators of terrorist acts.  By a nearly
unanimous vote (148 to 1 abstention) urged European governments to impose
sanctions on countries providing safe haven to terrorists.

The war against Afghanistan also violates the provisions of the Rome
Statute war crimes provisions Article 8. [See Box VII]

Box VIIROME STATUTE article 8.2.b.iv"Intentionally launching an attack in
the knowledge that such attack will cause incidental loss of life or injury
to civilians or damage to civilian objects or widespread, long-term and
severe damage to the natural environment which would be clearly excessive
in relation to the concrete and direct overall military advantage
anticipated;"and 8.2.b.v"Attacking or bombarding, by whatever means, town,
villages, dwellings or buildings which are undefended and which are not
military objectives;"and 8.2.b.xxv"Intentionally using starvation of
civilians as a method of warfare by depriving them of objects indispensable
to their survival, including willfully impeding relief supplies as provided
for under the Geneva Conventions;"




BOMBING OR FAIR TRIALS BY FAIR TRIBUNALS

The September 11 attacks in New York were crimes both nationally and
internationally.  Murder, highjacking, destruction of property are crimes
under the national laws of the many countries whose nationals were killed
and are crimes pursuant to a wide range of international laws.

The bombing of Afghanistan and the resulting deaths, injuries, starvation
and displacement of Afghanistan people and the destruction of property
including the destruction of necessary infrastructure is illegal.  The use
of force to topple to Taliban government is also illegal.

While the rhetoric justifying war raids on Afghanistan (and possibly other
countries) suggests there are no laws or law enforcement mechanisms that
can respond to the September 11 attacks.  That is not true and flies in the
face of both international law and it's underlying policies.

When the US entered Germany in 1945, it was not suggested that millions of
German civilians be stripped, gassed and bulldozed into mass graves in
retaliation for the holocaust.  The crimes that had been committed were so
enormous that to even think of retaliation in like kind was unimaginably
barbaric.  Instead the Nuremberg trials were held, setting up the rule of
law as the most powerful opponent of rule by military force.

The world community has, through the United Nations and regional agencies
worked to "save succeeding generations from the scourge of war" by
o       Prohibiting the use of force as a means of settling international
disputes (The Charter); and,
o       Developing by global consensus, minimum standards of human rights
and international laws that criminalize the crimes most intolerable to the
world community including: crimes against humanity, war crimes and crimes
of genocide.

There have been many reminders during the past 50 years of the urgent need
to develop laws and to eschew violence as a response to crime.  A reminder
that the use of force (retaliatory bombing in the following example)
contributes to the escalation and not the deterrence of terrorism occurred
subsequent to April 1986 when two US servicemen were killed when a bomb
exploded in a Berlin nightclub.  The US, believing Libyans to be
responsible, retaliated by bombing Libya killing 36 civilians including the
year old daughter of Libyan leader Moamar Khadafy.  Twenty months later, in
December 1988 Pan Am flight 103 exploded over Lockerbie Scotland killing
270 people.  Three Libyans were subsequently tried by a Scottish Court and
located in the Netherlands.  Two of the accused were convicted and one was
acquitted.

Mechanisms for global enforcement of existing national and international
laws exist as evidenced in part by the above mentioned Resolutions
directing all members of the United Nations, in the case of the Security
Council resolutions, and all NATO members, in the case of the NATO
resolutions, to cooperate in the exchange of information and resources to
enforce existing laws.

Member states to the UN are obliged to participate in all aspects of a
global investigation of the September 11 attacks that would lead to a
process of indictment, extradition, prosecution, trial and punishment of
those guilty.  The cooperative directives from the Security Council also
relate to effecting the coordination of measures to prevent future
terrorist attacks.

Prosecutions of the perpetrators of the September 11 attacks could take
place in the national courts of either the US or a number of other affected
states.  Alternately, the Security Council can create an ad hoc
International Criminal Tribunal on the model of the existing International
Criminal Tribunal for the former Yugoslavia to conduct the global
investigation of the September 11 attacks and the resulting prosecutions
and trials.
The Security Council has the power to order the creation of an
international military force to carry out the requisite investigations.

Canadians must insist that all governments adhere to the restraints of
law.  Citizens must act to ensure that the people of Afghanistan have the
security and rights to life provided for by international law and enjoyed
by Canadians.  Canadians must act to ensure that the people in Afghanistan
are afforded legal protections against death injury, starvations,
displacement and deprivation of the necessaries of life.



Written by
Gail Davidson a Member of the Law Society of British Columbia and founder of
Lawyers' Rights Watch Canada  "LAWYERS' RIGHTS WATCH CANADA"
<[EMAIL PROTECTED]>
October 13, 2001



Assistance by: Diana Davidson C.M., B.ed, LLB, Founder of People's Law
School (editing);
Dr. Mark Battersby (Philosophy); (Technical assistance) and Monisha Martins
(Research assistance)



"Fascism should  rightly be called corporatism as it is a merge of state
and corporate power"...Benito Mussolini


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