Announcement

Collapse
No announcement yet.

UN Resolution on Iraq on Table

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    It's impossible to properly analyze it without the texts of the other letters and declarations, but two or three sticking points appear to me:

    What exactly is the nature of the authority assumed by "the Authority" referred to in the May 8, letter? Essentially, the resolution states that the Authority will consult with the UN on various matters, but that can be like the way I consult with my two year old son in telling him this is the way things are.

    Like many UNSCRs, the wording is rather fluffy, cf Paragraph 6: "Calls upon the Authority to promote the welfare of the Iraqi people" essentially says that you can do whatever you want, as long as you cloak it in the rhetoric of "promoting the welfare of the Iraqi people."

    The mechanism is to some extent set up that the UN is endorsing in advance any Authority action which is claimed to be undertaken in the interests of the Iraqi people. Does anyone really doubt that the US lawyers and staffers who drafted this language intend anything else?

    Paragraph 12 gives total control of disbursement to the Authority, with only consultation with the Iraqi interim authority being required. In effect, this means "we told you what we're doing, and that's all we need to do."

    Paragraph 13 makes the Iraqis (or their oil) responsible for all rebuilding costs, and for supporting the costs of "continued disarmament." In other words, an open ended search, funded by the people being searched.

    Paragraph 19 doesn't refer to administrative costs, as someone posted, but rather to compensation for enforcing UNSCR 687, which created UNSCOM, later replaced by UNMOVIC. I somehow doubt the US intends to compensate UN organizations for searching the country.

    Paragraph 20 is a move to effectively repudiate all Iraqi pre-existing foreign debt, by making Iraq's main assets immune from any claims. That's rather dicey for the precedent it sets - it would be better to grant the Iraqi state a period of immunity, and then let the permanent government sort out foreign debt claims on it's own, when the government is off the ground and financially solvent.

    Other than that, the UN is essentially being asked to grant it's legal authority to the occupying power "the Authority" with no accountablity other than financial accounting. "Yes, they spent the amount of money stated lining their pockets/nobly benefitting the Iraqi people."

    The best move (not for the US, though) would be to divorce certain controversial elements from those that are totally benign, and have a separate resolution dealing strictly with the authority of "the Authority" and the manner of accountability to the UN, the Iraqi state and other international bodies to the extent appropriate.
    When all else fails, blame brown people. | Hire a teen, while they still know it all. | Trump-Palin 2016. "You're fired." "I quit."

    Comment


    • #17
      MTG, doesn't the resolution state that "The Authority" would have to operate within the confines of Geneva 1949 and The Hauge 1907? These treaties spell out the role of occupying powers fairly clearly.

      Paragraph 12 negates UN control of funds and thus removes the inability of the UN to decide anything. It does open up The Authority to questions, but so what?

      What is the problem of Paragraph 13? Are you suggesting a time limit on searching for WMD? I would prefer a periodic UNMOVIC certification with the Authority handling the search under the auspices of paragraph 13 (perhaps an addition?)

      Paragraph 19...I corrected myself after DanS set me straight.

      Paragraph 20. A good idea all around.

      About the idea of 2 resolutions. I think one is sufficient. It would be to hard to get agreement if you spread it out.
      "I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration." - Hillary Clinton, 2003

      Comment


      • #18
        Originally posted by PLATO1003
        MTG, doesn't the resolution state that "The Authority" would have to operate within the confines of Geneva 1949 and The Hauge 1907? These treaties spell out the role of occupying powers fairly clearly.
        Not directly - it only implies by reference that the Authority acknowledges the requirements of international law. However, the US is taking steps to violate both, in having USAID take bids to privatize the Iraqi oil industry, a structural and asset change that occupying powers have no authority to make.

        Practically, Geneva 1949 and Hague 1907 have problems, in that they don't permit infrastructure changes - this was to prevent fundamental changes like water diversion projects that would benefit the conqueror/occupier, but the law also prevents necessary changes until such time as a lawful government is restored.

        Paragraph 12 negates UN control of funds and thus removes the inability of the UN to decide anything. It does open up The Authority to questions, but so what?
        The actions of the Authority should remain accountable to the UN and the future Iraqi government, to comply with international law, as well as for basic moral, ethical and PR reasons. The notion that "we can do whatever we want, as long as we inform you after the fact" isn't a real good promoter of the rule of law, it's a promoter of the rule of the US.

        What is the problem of Paragraph 13? Are you suggesting a time limit on searching for WMD? I would prefer a periodic UNMOVIC certification with the Authority handling the search under the auspices of paragraph 13 (perhaps an addition?)
        An indefinite physical occupation could be built on the premise of an open-ended search for WMD. If you can't find anything in X years, and you're seeing to installation of a new government that in theory won't crispy fry it's neighbors, why the need for an open-ended authorization to base military forces in another country at their costs? Also, the US position, unless it changed and I haven't heard, was that UNMOVIC is finished and the US is now in the WMD inspection business in Iraq.


        Paragraph 20. A good idea all around.
        Paragraph 20 is the most onerous of all. Third-world countries do not deal with developed nations from anything close to a position of parity. Do you really want to break the conventions of international finance and grant a third-party nation the right to repudiate another nation's debts? For that matter, if I'm Burkina Faso, and I see the US can wave it's magic Cheney and wipe out Iraq's foreign debts (or effectively do so by making those debts uncollectable except by Iraqi niceness), then why wouldn't I do the same? "Oh, you can't do that, only the US can do that."

        Immunizing Iraq for a period of time, to allow for a legitimate Iraqi government and rebuilding, is fine as a one-off case. Anything beyond that should be left as a bilateral issue between the government of Iraq and it's various creditors, to be resolved in accordance with applicable commercial law.

        About the idea of 2 resolutions. I think one is sufficient. It would be to hard to get agreement if you spread it out.
        It's hard to get agreement if you combined benign and onerous provisions in one. Doing two would let you get the non-controversial, apolitical issues out of the way.
        When all else fails, blame brown people. | Hire a teen, while they still know it all. | Trump-Palin 2016. "You're fired." "I quit."

        Comment


        • #19
          Oppsies...
          Last edited by Dinner; May 9, 2003, 17:27.
          Try http://wordforge.net/index.php for discussion and debate.

          Comment


          • #20
            Originally posted by Oerdin
            I should be criminal to remove a child from the country without the concent of BOTH of the parents especially if the parents are going through a bitter divorce.
            Methinks you clicked the wrong thread.
            When all else fails, blame brown people. | Hire a teen, while they still know it all. | Trump-Palin 2016. "You're fired." "I quit."

            Comment


            • #21
              Toronto Star Article

              The French proposal seems reasonable.
              Blog | Civ2 Scenario League | leo.petr at gmail.com

              Comment


              • #22
                I do not read the immunity clause as being limited to existing claims. Further, the immunity never ends.

                Both aspects are highly controversial.


                20. Further decides that petroleum, petroleum products and natural gas originated in Iraq, and proceeds of sales thereof, shall be immune from judicial, administrative, arbitration or any other proceedings (including any prejudgment or post-judgement attachment, garnishment, or execution or other action to satisfy a judgement) arising in relation to claims, of whatever kind and whenever accrued, against Iraq or any instrumentality or agents thereof (or the Authority, or its participating states or their instrumentalities or agents), and that all Member States shall take any steps under their respective domestic legal systems necessary to give full effect to this paragraph;
                http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en

                Comment

                Working...
                X