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Wednesday, July 14, 2004

Green Light for Terror

Buried deep in the ICJ "advisory opinion" on the fence is new proviso:
Sovereign states may only defend themselves against attacks from other sovereign states
Leanne Piggott opinion in The Australian:

THE advisory opinion brought down by the International Court of Justice last Friday in relation to Israel's separation barrier has implications far beyond the Israeli-Palestinian conflict. Buried deep in the text of its opinion is a bombshell that purports to radically rewrite the rules of international law governing the inherent right of states to defend themselves and their citizens.

The ICJ recognises that this right is enshrined in Article 51 of the UN Charter. But the ICJ then says that this right is limited to self-defence in the case of armed attack "by one state against another state". That limitation does not appear anywhere in the text of Article 51 itself. Article 51 recognises that states have an inherent right of self-defence "if an armed attack occurs". It does not say that the armed attack must have been carried out by, or be attributable to, another state.

The distinction is critical in the on-going struggle against international terrorism. Although every act of terrorism necessarily originates in territory (or aboard a ship or aircraft) that is owned or occupied by a sovereign state, it does not follow that every such act of terrorism is supported by that state, and attributable to it in a legal sense.

The ICJ is now saying that if terrorists based in the territory of state A attack state B without the passive or active support of state A, state B may not have the right to defend itself from future attack by striking back at the terrorist base – despite Article 51. This is best illustrated by a concrete example....

read on

Watch out, folks. The UN General Assembly is convening an
(((( Emergency Special Session ))))
"on the question of Palestine"
this Friday, according to the UN News Center.
Sorry, that should be News . . . Centre.

feh!