No to the US Draft Resolution on Iraq!

You will find hereunder a document on the US-British draft about Iraq presented to the Security Council on the occasion of the “transfer of sovereignty” by the occupation forces to the provisional Iraqi government. We make an appeal requesting that the General Assembly of the UN grab the file and not the Security Council, being given the direct implication of two of its permanent members in the occupation of Iraq.

If you agree with this text, we ask you to sign it and send it to the governments, the diplomatic missions of the countries in question at the UN in New-York and to the medias. Don’t hesitate to pass it on to your acquaintances and your network so that they can do the same.



I. The Anglo-American Project proposes to concede a supposed sovereignty to Iraq when in reality its purpose is to perpetuate the existing neocolonial status and the military occupation, endorsed by resolution 1483 and 1511 of the Security Council

In Effect:
1) The members of the Provisional Government to whom “sovereignty is transferred” must count with the approval of the United States governor in Iraq, Mr. Paul Bremer. When asked about the subject during a television interview, the envoy of the Secretary General of the United Nations, Mr. Brahimi, declared that it was necessary “a consensus of the Government Council and Mr. Bremer's administration”, adding that “we should not forget, my dear Sir, that Iraq is an occupied country, that the ruler of Iraq for the moment is Mr. Bremer and that his opinion is essential in this matter”.
1. The process for the appointement of a “Prime Minister” and a “President” of the Provisional Government, in which the representative of the Secretary General plays a supernumerary role, constitutes additional evidence of the fact that the Secretary General and the Security Council are being used to cover up the United States government's activities and decisions.
2) The Anglo-American project ( art 6 of the draft) confirms the authority conferred by resolution 1511 to continue the illegal occupation meaning that it reiterates the legitimization of the aggression;
3) The provisional government will find itself faced with a legislation dictated by the occupation army, the Coalition Provisional Authority Orders. Coalition Order 39 has radically modified Iraq's economic system regulating foreign trade, foreign investment, (it demands that there be no restrictions to foreign investors) and opens the doors to the privatization of the state industries. Coalition Order 37 gives tax exempt status to the Coalition Forces and the Coalition Authority; Coalition Order 17 provides the occupying forces, the Coalition Authority, their contractors, etc., with immunity from persecution within the Iraqi jurisdiction. Coalition Order 39 through which the occupying power performs sovereign acts such as changing fundamental laws and privatizing State industries, constitutes a flagrant violation of international law, including the IV Geneva Convention and the Hague Convention of 1907 which do not allow transferring the sovereignty of the occupied State to the occupying State. The occupation is a fact not a source of rights;
4) the alleged “sovereignty” will be exercised with an occupying army of more than 130.000 troops that will remain there for at least a year and maybe for an indefinite period of time and a United States “ambassador” John Negroponte (with nefarious precedents in matters relating to intervention and violation of human rights in Central America) at the head of an “embassy” with 2000 people which will be the real government of Iraq.
5) Jurisdictional immunity of the occupying power will remain in effect since in addition to the coalition Order number 17 the occupiers are negotiating (in fact imposing) the continuation of this immunity under the provisional Government. In addition, the United States is attempting to obtain from the Security Council the renewal of Resolution 1487 of the Security Council that ensured the impunity of its nationals before the International Criminal Court.

In this way the Provisional Government will exercise an alleged sovereignty under the vigilant eye of John Negroponte supported by 2000 public officials and an occupying army of 130,000 troops that will enjoy impunity to continue violating the Geneva Convention as they have done until now ( not only practicing torture of prisoners in a systematic and massive way, but also indiscriminately killing civilians).
President Bush, whose speech of 24 May leaves no doubt that United States will continue to treat Iraq as a colony with or without a Security Council resolution, announced that he has the intention of demolishing the Abou Ghraib prison, which is a way of destroying evidence that could be used in a future independent judicial process. Secretary of Defense Rumsfeld has prohibited the admission of photographic cameras into the prisons with the intent to avoid the documentation of new acts of torture.

The same Iraqi Government Council installed by the United States, was critical of the Anglo American project pointing out in a press release of 25 May that the future government must “have total control over the activities of the armed forces and the security forces, its oil resources and its foreign policy”

II. The Security Council has neither judicial nor moral legitimacy to adopt a resolution about Iraq for several reasons:

1) The Security Council through its resolutions 1422 and 1487, which illegally grant immunity to the occupying powers to United States nationals before the International Criminal Court and resolutions 1483 and 1511, which allowed the aggression, the occupation and the plundering of the Iraqi patrimony is involved in such international crimes while those responsible for them are in addition responsible for torture and killings.
2) The Security Council is ready to discuss a project submitted by the two States responsible for all those crimes. Such States should not even be allowed to participate in the vote if, by analogy, we apply the last paragraph of article 27 of the United Nations Charter which states that “a party to a dispute shall abstain from voting.”
3) In addition it is inadmissible to bring the issue of Iraq to the Security Council where two States responsible for the above mentioned crimes against the State and people of Iraq have veto power.

III. Therefore the only solution, in conformity with international law, is that the the question of Iraq be examined by the General Assembly of the United Nations:
1) The General Assembly can discuss all questions related to the maintenance of international peace and security presented for its consideration by any member of the United Nations (article 11 (2) and Art. 34-35 of the Charter).
2) The General Assembly may recommend measures for the peaceful adjustement of any situation … ( art. 14);
3) On November 3, 1950 the General Assembly adopted resolution 377 (V) “ Union for the Maintenance of Peace”, better known as “Dean Acheson Resolution” where it is established that when certain conditions exist (inability of the Security Council, a decision to call a meeting of the General Assembly etc.) the General Assembly will immediately examine the question with the aim of making recommendations about appropriate collective measures to be adopted by all the members …
The General Assembly has used the “Acheson Procedure” on various occasions and in different times: military intervention in Egypt ( 958) in Hungary (1956) Lebanon (1958) the Indo Pakistani conflict (1971 ) Jordan (1980) Afghanistan (1980) Namibia ( 1981) Bosnia-Herzegovina (1992)etc. In the case of Egypt ( Israeli aggression and the Anglo French invasion, the General Assembly created a interposition force of 6000 men , FENU, which remained in the area for several years.

The Security Council can convoke the General Assembly to a special session with an affirmative vote of nine of any of its members ( art. 20 and 27(2) of the Charter of the United Nations).

Also half of the member States of the United Nations can ask to convene a special session of the General Assembly ( art,. 20) of the Charter.

It is obvious that the solution to the Iraqi problem must begin with the immediate removal of the occupying force, the automatic expiration of the Coalition Provisional Authority Orders and the eventual dispatch of an international security force composed by States that had not been part to the conflict, decided by the General Assembly, in agreement with the most representative groups of the Iraqi people.

See the CETIM Issue on War in Iraq

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