See other War, War, War Articles
Title: Violating the Constitution With an Illegal War
Source:
http://www.lewrockwell.com
URL Source: http://www.lewrockwell.com/paul/paul57.html
Published: Oct 3, 2002
Author: Rep. Ron Paul, MD
Post Date: 2007-04-03 20:34:01 by robin
Keywords: None
Views: 2530
Comments: 267
Ron Paul in the US House of Representatives, October 3, 2002 The last time Congress declared war was on December 11, 1941, against Germany in response to its formal declaration of war against the United States. This was accomplished with wording that took less than one-third of a page, without any nitpicking arguments over precise language, yet it was a clear declaration of who the enemy was and what had to be done. And in three-and-a-half years, this was accomplished. A similar resolve came from the declaration of war against Japan three days earlier. Likewise, a clear-cut victory was achieved against Japan. Many Americans have been forced into war since that time on numerous occasions, with no congressional declaration of war and with essentially no victories. Today’s world political condition is as chaotic as ever. We’re still in Korea and we’re still fighting the Persian Gulf War that started in 1990. The process by which we’ve entered wars over the past 57 years, and the inconclusive results of each war since that time, are obviously related to Congress’ abdication of its responsibility regarding war, given to it by Article I Section 8 of the Constitution. Congress has either ignored its responsibility entirely over these years, or transferred the war power to the executive branch by a near majority vote of its Members, without consideration of it by the states as an amendment required by the Constitution. Congress is about to circumvent the Constitution and avoid the tough decision of whether war should be declared by transferring this monumental decision-making power regarding war to the President. Once again, the process is being abused. Odds are, since a clear-cut decision and commitment by the people through their representatives are not being made, the results will be as murky as before. We will be required to follow the confusing dictates of the UN, since that is where the ultimate authority to invade Iraq is coming from – rather than from the American people and the U.S. Constitution. Controversial language is being hotly debated in an effort to satisfy political constituencies and for Congress to avoid responsibility of whether to go to war. So far the proposed resolution never mentions war, only empowering the President to use force at his will to bring about peace. Rather strange language indeed! A declaration of war limits the presidential powers, narrows the focus, and implies a precise end point to the conflict. A declaration of war makes Congress assume the responsibilities directed by the Constitution for this very important decision, rather than assume that if the major decision is left to the President and a poor result occurs, it will be his fault, not that of Congress. Hiding behind the transfer of the war power to the executive through the War Powers Resolution of 1973 will hardly suffice. However, the modern way we go to war is even more complex and deceptive. We must also write language that satisfies the UN and all our allies. Congress gladly transfers the legislative prerogatives to declare war to the President, and the legislative and the executive branch both acquiesce in transferring our sovereign rights to the UN, an un-elected international government. No wonder the language of the resolution grows in length and incorporates justification for starting this war by citing UN Resolutions. In order to get more of what we want from the United Nations, we rejoined UNESCO, which Ronald Reagan had bravely gotten us out of, and promised millions of dollars of U.S. taxpayer support to run this international agency started by Sir Julian Huxley. In addition, we read of promises by our administration that once we control Iraqi oil, it will be available for allies like France and Russia, who have been reluctant to join our efforts. What a difference from the days when a declaration of war was clean and precise and accomplished by a responsible Congress and an informed people! A great irony of all this is that the United Nations Charter doesn’t permit declaring war, especially against a nation that has been in a state of peace for 12 years. The UN can only declare peace. Remember, it wasn’t a war in Korea; it was only a police action to bring about peace. But at least in Korea and Vietnam there was fighting going on, so it was a bit easier to stretch the language than it is today regarding Iraq. Since Iraq doesn’t even have an Air Force or a Navy, is incapable of waging a war, and remains defenseless against the overwhelming powers of the United States and the British, it’s difficult to claim that we’re going into Iraq to restore peace. History will eventually show that if we launch this attack the real victims will be the innocent Iraqi civilians who despise Saddam Hussein and are terrified of the coming bombs that will destroy their cities. The greatest beneficiaries of the attack may well be Osama bin Ladin and the al Qaeda. Some in the media have already suggested that the al Qaeda may be encouraging the whole event. Unintended consequences will occur – what will come from this attack is still entirely unknown. It’s a well-known fact that the al Qaeda are not allies of Saddam Hussein and despise the secularization and partial westernization of Iraqi culture. They would welcome the chaos that’s about to come. This will give them a chance to influence post-Saddam Hussein Iraq. The attack, many believe, will confirm to the Arab world that indeed the Christian West has once again attacked the Muslim East, providing radical fundamentalists a tremendous boost for recruitment. An up or down vote on declaring war against Iraq would not pass the Congress, and the President has no intention of asking for it. This is unfortunate, because if the process were carried out in a constitutional fashion, the American people and the U.S. Congress would vote "No" on assuming responsibility for this war. Not only is it sad that we have gone so far astray from our Constitution, but it’s also dangerous for world peace and threatens our liberties here at home. Dr. Ron Paul is a Republican member of Congress from Texas. 
Transferring authority to wage war, calling it permission to use force to fight for peace in order to satisfy the UN Charter, which replaces the Article I, Section 8 war power provision, is about as close to 1984 "newspeak" that we will ever get in the real world.
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#1. To: robin, ALL (#0)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
The Constitution gives the power to declare war to the Congress. They formally declare something like, "the state of war between the United States and ... is hereby formally declared." It is not a difficult concept once you get the hang of it. For Japan, the precise language was, "the state of war between the United states and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared...." For Germany, the precise language was, "the state of war between the United States and the Government of Germany, which has thus been thrust upon the United states, is hereby formally declared...." For Italy, the precise language was, "the state of war between the United States and the Government of Italy which has thus been thrust upon the United States is hereby formally declared...." Below is how the declaration of war against Germany went through each house of congress. http://www.ibiblio.org/pha/77-1-148/77-1-148.html [IN THE SENATE] DECLARATION OF STATE OF WAR WITH GERMANY Mr. Connally, from the Committee on Foreign Relations, reported an original joint resolution (S. J. Res. 119) declaring that a state of war exists between the Government of Germany and the Government and the people of the United States, and making provision to prosecute the same, which was read the first time by its title, and the second time at length, as follows: "Resolved, etc., That the state of war between the United States and the Government of Germany, which has thus been thrust upon the United states, is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Germany; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States." I am authorized by the Committee on Foreign Relations to say to the Senate that after consideration of the text of the joint resolution which I have reported and after mature consideration of all aspects of this matter, the membership of the Committee on Foreign Relations unanimously approve and agree to the course suggested. One member of the committee was absent, but I have authority to express his views. Mr. President, I ask unanimous consent for the present consideration of the joint resolution. The VICE PRESIDENT. Is there objection? There being no objection, the Senate proceeded to consider the joint resolution (S. J. Res. 119) declaring that a state of war exists between the Government of Germany and the Government and the people of the United States, and making provision to prosecute the same. The VICE PRESIDENT. The question is on the engrossment and third reading of the joint resolution. The joint resolution was ordered to be engrossed for a third reading, and was read the third time. The VICE PRESIDENT. The joint resolution having been read the third time, the question is, Shall it pass? Mr. CONNALLY. On that question I ask for the yeas and nays. The yeas and nays were ordered, and the Chief Clerk proceeded to call the roll. The result was announced yeas 88, nays 0. * * * * * * So the joint resolution (S. J. Res. 119) was passed. =========================== [IN THE HOUSE] DECLARATION OF WAR AGAINST GERMANY Mr. MCCORMACK. Mr. Speaker, I move to suspend the rules and pass House Joint Resolution 256, which I send to the desk and ask to have read. The Clerk read as follows. "Resolved, etc., That the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Germany; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States." Mr. MCCORMACK. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. * * * * * * The question was taken; and there were yeas 393, answered "present" 1, not voting 36. So (two-thirds having voted in favor thereof) the rules were suspended, and the resolution was agreed to. ==========================
It doesn't require that language ANYWHERE in the Constitution or US law.
I'm not a big Constitutionalist. I mostly take the Spooner view of it.But I am going to correct your historical ignorance. By its very nature of being a declaration of war it must have certain properties just as a table requires legs or it is called a board or a basin in your bathroom has to spray water to be called a shower. One required property is to make a declaration (hence the name) that a state of war exists between the parties or that one party is declaring war on the other(s). Another property is that it is to be communicated to the other party. It is not just a directive between Congress and the President, but a diplomatic correspondence between Congress (or whomever) and the party that is subject to the declaration. And last, a declaration of war almost always (exception: Mexico's declaration against Italy - leave it to Mexicans to fuck it up)lists grievances leading to or causing the conflict. The US Constitution didn't invent the concept of a declaration of war. It has existed in a particular form in Western diplomatic custom and protocol for centuries. Here is Autria-Hungary's Declaration of War to Serbia: The Royal Serbian Government not having answered in a satisfactory manner the note of July 23, 1914, presented by the Austro-Hungarian Minister at Belgrade, the Imperial and Royal Government are themselves compelled to see to the safeguarding of their rights and interests, and, with this object, to have recourse to force of arms. Austria-Hungary consequently considers herself henceforward in a state of war with Serbia. (signed) Count Berchtold Here is Germany's Declaration of War on France in 1914: M. Le President, The German administrative and military authorities have established a certain number of flagrantly hostile acts committed on German territory by French military aviators. Several of these have openly violated the neutrality of Belgium by flying over the territory of that country; one has attempted to destroy buildings near Wesel; others have been seen in the district of the Eifel; one has thrown bombs on the railway near Carlsruhe and Nuremberg. I am instructed, and I have the honour to inform your Excellency, that in the presence of these acts of aggression the German Empire considers itself in a state of war with France in consequence of the acts of this latter Power. At the same time, I have the honour to bring to the knowledge of your Excellency that the German authorities will retain French mercantile vessels in German ports, but they will release them if, within forty-eight hours, they are assured of complete reciprocity. My diplomatic mission having thus come to an end, it only remains for me to request your Excellency to be good enough to furnish me with my passports, and to take the steps you consider suitable to assure my return to Germany, with the staff of the Embassy, as well as, with the Staff of the Bavarian Legation and of the German Consulate General in Paris. Be good enough, M. le President, to receive the assurances of my deepest respect. (Signed) [Baron Von] SCHOEN. Friday 19th October 1739. His Majesty's Declaration of War against the King of Spain. WHEREAS many unjust Seizures have been made, and Depredations carried on for several Years in the W. Indies by Spanish Guarda Costas, and other Ships acting under the Commission of the King of Spain, or his Governors, contrary to the Treaties subsisting between Us and the Crown of Spain, and to the Law of Nations, to the great Prejudice of the lawful Trade and Commerce of Our Subjects; and great Crueltues and Barbarities have been exercised on the Persons of divers of our Subjects, whose vessels have been seized, and the British Colours have been insulted in the most ignominious Manner; And whereas We have caused frequent Complaints to be made to the King of Spain, of these violent and unjust Proceedings, but no Satisfaction or Redress has been given for the same, notwithstanding the many Promises made and Cedulas issued, signed by the said King, or by his Order, for that Purpose; And whereas the evils abovementioned have been principally occasioned by an unwarrantable Claim and Pretension, set up on the Part of Spain, that the Guarda Costas, and other Ships, authorised by the King of Spain, may stop, detain and search the Ships and Vessels of our Subjects navigating in the American Seas, contrary to the Liberty of Navigation, to which Our Subjects have not only equal Right with those of the King of Spain, by the Law of Nations, but which is moreover expressly acknowledg'd and declared to belong to them by the most solemn Treaties, and particularly in the Year 1670; And wereas the said groundless Claim and Pretention, and that the unjust Practice of stopping, detaining and searching Ships and Vessels navigating in the Seas of America, is not only of the most dangerous and Destructive Consequence to the lawful Commerce of Our Subjects, but also tends to interupt and obstruct the free Intercourse and Correpondence between Our Dominions in Europe, and Our Colonies and Plantations in America, and by means thereof to deprive Us and Our Subjects of the benefit of those Colonies and Plantations; a consideration of the highest Importance to Us and Our Kingdoms; and a Practice which must affect, in its Consequence, all the other Princes and States of Europe, possessed of Settlements in the West Indies, or whose subjects carry on any Trade thither. And whereas besides the notorious Grounds of Complaint abovementioned, many other infractions have been made on the Part of Spain, of the several Treaties and Conventions subsisting between Us and that Crowm, and particularly of that concluded in the year 1657, as well by the exorbitant Duties and Impositions laid upon the Trade and Commerce of Our Subjects, as by the Breach of ancient and established Privileges, stipulated for them by the said Treaties; for the Redress of which Grievences the strongest Instances have been, from time to time, made by Our several Ministers residing within Spain, without any Effect. And whereas a Convention for making Reparation to Our Subjects for the Losses sustained by them, on Account of the unjust Seizures and Depredations committed by the Spaniards in America, and in order to prevent for the future all the Grievences and Causes of Complaint therin taken Notice of, and to remove absolutely and for ever every thing which might give occasion thereto, was concluded between Us, and the King of Spain, on the Fourteenth Day of January last, N.S. by which Convention it was stipulated, that a certain Sum of Money should be paid at London, within a Term therin specified, as a Balance admitted to be due on the Part of Spain, to the Crown and Subjects of Great Britain; which term expired on the Twenty fifth Day of May last, and the Payment of the said Sum was not made according to the Stipulation for that Purpose; by which Means the Convention above mentioned was manifestly violated and broken by the King of Spain, and our Subjects remained without any Saisfaction, or Reparation for the many grievous Losses sustained by them; and thw Methods agreed upon by the said Convention in order to obtaining future Security for the Trade and Navigation of Our Subjects, are, contrary to good Faith, frustrated and defeated, in Consequence of which We found ourselves obliged, for vindicating the Honour of Our Crown, and for procuring Reparation, and Satisfaction for Our injured Subjects, to order, that general Reprisals should be granted against the said King of Spain, his Vassels and Subjects, and their Ships, Goods and Effects. And whereas the Court of Spain has been induced to colour the open Violation of the Convention aforesaid, by Reasons and Pretence which are void of all Foundation; and, at the same Time, has not only published an Order, signed by the said King, for seizing the Ships, Goods and Effects belonging to Us, and Our Subjects, wherever they shall be met with, but has caused Seizures to be actually made of the Goods and Effects of Our Subjects, residing in his Dominions, and has also ordered Our said subjects to depart out of the Spanish Dominions, within a short limited Time, contrary to the express Stipulations of the Treaties between the Two Crowns, even in the case of a War actually declared. We have taken into our Royal and most seriour Consideration these Injuries, which have been offered to Us, and Our Subjects, and the manifest Violation of the in many Particulars eluded, or ecaded by the Unwarrantable Behaviour of the Court of Spain, and their Officers, notwithstanding the repeated Instances We have given of Our Desire to cultivate a good Understanding with the King of Spain, and the essential Proofs of Our Friendship and Regard for him and his Family, which We have demonstrated to all the World; and being fully satisfied that the Honour of our Crown, the Interest of Our Subjects, and the Regard which ought to be had to the most solemn Treaties, call upon Us to make use of this Power which God has given Us, for vindicating Our Undoubted Rights, and securing to Our loving Subjects the Privileges of Navigation and Commerce to which they are justly intitled. We therefore, relying on the Help of Almighty God, who knows the Uprightness of our Intensions, have thought fit to declare, and do hereby declare War against the said King of Spain; and We will, in pursuance of such Declaration, vigorously prosecute the said War, being afforded the ready Concurrence and Assistance of all Our loving Subjects in so just a Cause. Given at Our Court at Kensington the Nineteenth Day of October 1739, in the Thirteenth Year of Our Reign. GOD SAVE THE KING Thursday 29th March 1744. His Majesty's Declaration of War against the French King. THE Troubles which broke out in Germany, on account of the Succession of the late Emperor Charles the Sixth, having been begun and carried on by the Instigation, Assistance, and Support of the French King, with a view to overturn the Balance of Power in Europe, and to extend the dangerous Influence of that Crown, in direct Violation of the solemn Guaranty of the Pragmatic Sanction, given by him in the Year 1738, In Consideration of the Cession of Lorraine; and we having on our part executed our Engagements for maintaining the Pragmatic Sanction, with that good Faith which is inserarable from us; and having opposed the Attempts made against the Dominions of the Queen of Hungary, we are not surprised that our Conduct in this Respect, should have drawn upon us the Resentment of the French King, who has found his ambitious Views, in a great Measure, disappointed by the Assistance we have furnished to our Ally, unjustly attacked by him; or that he should alledge it as a principal Reason for declaring War against us. From the Time that we found ourselves obliged, for the maintenance of the just Rights of our Subjects, to enter into a War with Spain, instead of observing a strict Neutrality, which we might have promised ourselves on the Part of the French King, from whom we were even founded by Treaty to have demanded Assistance; he has given Encouragement and Support to our Enemies, by conniving at his Subjects, Acting as Privateers under Spanish Commissions, both in Europe and America; and by sending in the Year 1740, a strong Squadron into the the American Seas, in order to prevent us from prosecuting the just War which we were carrying on against Spain in those Parts; and we have most authentick Proof that an order was given to the Commander of the French Squadron, not only to act in a hostile manner against our Ships, either jointly with the Spaniards, or separately; but even to concert Measures with our Enemies, for attacking one of our principal Dominions in America; a duplicate of that order dated the 7th October, 1740, having fallen into the Hands of the Commander in Chief of our Squadron in the West Indies. This injurious Proceeding was greatly aggravated by the French Minister at our Court, having declared on Occasion of sending the said Squadron. that the French King was very far from having any Design or Intention of breaking with us. The Same effective conduct was continued on the Part of the French King, towards us, by his Squadron in the Mediterranea, in the Year 1741, joining with and protecting the Ships of our Enemies, in Sight of our Fleet, which was peparing to attack them. These unwarrantable Proceedings; the notorious Breach of Treaties by repairing the Fortifications, and erecting New Works at Dunkirk, the open Hostilities lately against our Fleet in the Mediterranean; the Affront and Indignity offered to us, by the reception of the Son of the Pretender to our Crown, in the French Dominions; the Embarkation actually made at Dunkirk, of a considerable Body of Troops, notoriously designed for an Invasion of this Kingdom, in Favour of the Pretender to our Crown; and the sending of a Squadron of French Ships of War into the Channel, to support the said Embarkation and Invasion, will be lasting Monuments of the little Regard had by the French Court for the most solemn Engagements, when the Observance of them is inconsistent with Interest, Ambition, or Resentment. We cannot omit taking Notice of the unjust Insinuations contained in the French King's Declaration of War against us, with respect to the Convention made at Hanover, in October 1741; that Convention, regarding our Electorate only, had no Relation to our Conduct as King of Great Britain. The Allegations concerning it, are groundless and injurious; our Proceedings in that Respect, having been perfectly consistent with that Good Faith, which we have always made the Rule of our Actions. The Charge of Piracy, Cruelty and Barbarity against our Ships of War is equally unjust and unbecoming; and we have all such proceedings so much in Abborrence, that, if any Practices of that Nature had been made appear to us, we would have taken effectual Care to put a Stop to them, and to have punished the Offenders in the severest Manner. We being therefore indispensably obliged to take up Arms, and entirely relying on the Help of Almighty God, who knows the Uprightness of our Intensions, have thought fit to declare, and do hereby declare War against the French King; and we will, in Pursuance of such Declaration, vigorously prosecute the same by Sea and Land; being assured of the ready Concurrence and Assistance of all our loving Subjects, in so just a Cause. And we do hereby will and require our Generals and Commanders of our Forces, our Commissioners for executing the Office of High Admiral of Great Britain, our Lieutenants of our several Counties, Governors of our Forts and Garrisons, and all other Officers under them, by Sea and Land, to do and execute all Acts of Hostility in the Prosecution of this War against the said French King, his Vassals, and Subjects and to oppose their Attempts, willing and requiring all our subjects to take Notice of the same, whom we henceforth strictly forbid not to hold any Correspondence or Communication with the Subjects of the French; and advertise all other Persons of what Nation soever, not to transport or carry any Soldiers, Arms, Powder, Ammunition, or other contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King; declaring that whatsoever Sip or Vessel shall be met withal, transporting or carrying any Soldiers, Ams, Powder, Ammunition, or other contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King, the same being taken, shall be condemned as good and lawful Prize. And where there are in remaining in our Kingdom divers of the Subjects of the French King, we do hereby declare our Royal Intention to be, that all the French Subjects, who shall demean themselves dutifully towards us, shall be safe in their Persons and Estates. Given at our Court at St. James's, the Twenty ninth Day of March 1744. In the Seventeenth Year of our Reign. GOD SAVE THE KING. Got the picture yet? Good.
Did you know http://en.wikipedia.org/wiki/First_Barbary_War "in May of 1801, the Pasha declared war on the United States, not through any formal written documents, but by cutting down the flagstaff in front of the U.S. Consulate. Morocco, Algiers, and Tunis soon followed their ally in Tripoli. In response, Jefferson sent a group of frigates to defend American interests in the Mediterranean, and informed Congress. Although Congress never voted on a formal declaration of war, they did authorize the President to instruct the commanders of armed vessels of the United States to seize all vessels and goods of the Pasha of Tripoli "and also to cause to be done all such other acts of precaution or hostility as the state of war will justify." Guess the Framers of the Constitution never read your definition.
It would appear that the Framers adopted the view of Hamilton which was opposed to the view of Jefferson. Cornell Law School * * * An early controversy revolved about the issue of the President’s powers and the necessity of congressional action when hostilities are initiated against us rather than the Nation instituting armed conflict. The Bey of Tripoli, in the course of attempting to extort payment for not molesting United States shipping, declared war upon the United States, and a debate began whether Congress had to enact a formal declaration of war to create a legal status of war. President Jefferson sent a squadron of frigates to the Mediterranean to protect our ships but limited its mission to defense in the narrowest sense of the term. Attacked by a Tripolitan cruiser, one of the frigates subdued it, disarmed it, and, pursuant to instructions, released it. Jefferson in a message to Congress announced his actions as in compliance with constitutional limitations on his authority in the absence of a declaration of war. [1422] Hamilton espoused a different interpretation, contending that the Constitution vested in Congress the power to initiate war but that when another nation made war upon the United States we were already in a state of war and no declaration by Congress was needed. [1423] Congress thereafter enacted a statute authorizing the President to instruct the commanders of armed vessels of the United States to seize all vessels and goods of the Bey of Tripoli "and also to cause to be done all such other acts of precaution or hostility as the state of war will justify..." [1424] But no formal declaration of war was passed, Congress apparently accepting Hamilton’s view. [1425] 1422 Messages and Papers of the Presidents, J. Richardson ed. (Washington: 1896), 326, 327.
I have no problem with Hamilton's view. In Iraq, a state of war existed with the US in 1991 and the fact that Iraq violated the cease-fire agreement stopping the 91 conflict means a state of war still existed between the US and Iraq in 2003. Furthermore, tapes captured during the invasion show that Saddam's regime still considered themselves to be at war with the US.
The 1991 conflict was between Iraq and coalition forces. The United Nations authorized the use of force in order to free Kuwait. It was for the UN to decide whether or how to act on an alleged breach of a UN resolution. http://www.timesonline.co.uk/article/0,,2087-1654697,00.html Text of the Iraq: Legal Background-March 8, 2002 memo from UK Foreign and Commonwealth Office (office of Jack Straw, Foreign Secretary) to Tony Blair advising him on the legality of the use of force against Iraq. CONFIDENTIAL IRAQ: LEGAL BACKGROUND * * * 2. In the UK’s view a violation of Iraq’s obligations which undermines the basis of the cease-fire in resolution 687 (1991) can revive the authorisation to use force in resolutions 678 (1990). As the cease-fire was proclaimed by the Council in resolution 687 (1991), it is for the Council to assess whether any such breach of those obligations has occurred. The US have a rather different view: they maintain that the assessment if breach is for individual member States. We are not aware of any other State which supports this view. * * * 9. The US have on occasion claimed that the purpose of the NFZs is to enforce Iraqi compliance with resolutions 687 or 688. This view is not consisent [sic] with resolution 687, which does not deal with the repression of the Iraqi population, or with resolution 688, which was not adopted under Chapter VII of the UN Charter and does not contain any provision for enforcement. Nor (as it is sometimes claimed) were the current NFZs provided for in the Safwan agreement, a provisional agreement between coalition and Iraqi commanders of 3 March 1991, laying down military conditions for the cease fire which did not contain any reference to the NFZs.
************** Excerpts from UN resolution 1441: "Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area," "Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area," "Deploring the fact that Iraq has not provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programmes to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometres, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programmes, including any which it claims are for purposes not related to nuclear-weapons-usable material," "Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998, ... snip ... "Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq," Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein, ... snip ... "Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein," "Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance," ... snip ... "1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq’s failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);" "2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;" ... snip ... "Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below; " ... snip ... "Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;" ***********
You forgot to include the excerpt that authorized GWB to take military action at his discretion.
********* "resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area," "Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions ********** I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
#77. To: BeAChooser (#75)
Which of these UN Security Council resolutions authorize the use of military force against Israel? 100 SERIES: 1955 - 1962 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 106 (March 29, 1955) 2. Calls again upon Israel to take all necessary measures to prevent such actions; 3. Condemns the attack of 11 December 1955 as a flagrant violation of the cease-fire provisions of its resolution 54 (1948), of the terms of the General Armistice Agreement between Israel and Syria, and of Israel's obligations under the Charter of the United Nations; 4. Expresses its grave concern at the failure of the Government of Israel to comply with its obligations; 5. Calls upon the Government of Israel to do so in the future, in default of which the Council will have to consider what further measures under the Charter are required to maintain or restore the peace; 2. Urges Israel to comply with this decision; 3. Determines that the Israel attack of 16-17 March 1962 constitutes a flagrant violation of that resolution, and calls upon Israel scrupulously to refrain from such action in the future;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS 200 SERIES: 1966-1971 ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 228 (November 25, 1966) 1. Deplores the loss of life and heavy damage to property resulting from the action of the Government of Israel on 13 November 1966; 2. Censures Israel for this large-scale military action in violation of the United Nations Charter and of the General Armistice Agreement between Israel and Jordan; 3. Emphasizes to Israel that actions of military reprisal cannot be tolerated and that, if they are repeated, the Security Council will have to consider further and more effective steps as envisaged in the Charter to ensure against the repetition of such acts; 1. Calls upon the Government of Israel to ensure the safety, welfare and security of the inhabitants of the areas where military operations have taken place and to facilitate the return of those inhabitants who have fled the areas since the outbreak of hostilities ; 2. Recommends to the Governments concerned the scrupulous respect of the humanitarian principles governing the treatment of prisoners of war and the protection of civilian persons in time of war contained in the Geneva Conventions of 12 August 1949 Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter. 1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles: (i) Withdrawal of Israeli armed forces from territories occupied in the recent conflict; (ii) Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force; Observing that the military action by the armed forces of Israel on the territory of Jordan was of a large-scale and carefully planned nature, Considering that all violent incidents and other violations of the cease-fire should be prevented and not overlooking past incidents of this nature, Recalling further resolution 237 (1967) which called upon the Government of Israel to ensure the safety, welfare and security of the inhabitants of the areas where military operations have taken place, 1. Deplores the loss of life and heavy damage to property; 2. Condemns the military action launched by Israel in flagrant violation of the United Nations Charter and the cease-fire resolutions; 3. Deplores all violent incidents in violation of the cease-fire and declares that such actions of military reprisal and other grave violations of the cease-fire cannot be tolerated and that the Security Council would have to consider further and more effective steps as envisaged in the Charter to ensure against repetition of such acts; 4. Calls upon Israel to desist from acts or activities in contravention of resolution 237 (1967); Considering that the holding of a military parade in Jerusalem will aggravate tensions in the area and have an adverse effect on a peaceful settlement of the problems in the area, 1. Calls upon Israel to refrain from holding the military parade in Jerusalem which is contemplated for 2 May 1968; Deeply deplores the holding by Israel of the military parade in Jerusalem on 2 May 1968 in disregard of the unanimous decision adopted by the Council on 27 April 1968. Having considered the letter of the Permanent Representative of Jordan on the situation in Jerusalem (S/8560)1/ and the report of the Secretary-General (S/8146),2/ Having heard the statements made before the Council, Noting that since the adoption of the above-mentioned resolutions Israel has taken further measures and actions in contravention of those resolutions, Bearing in mind the need to work for a just and lasting peace, Reaffirming that acquisition of territory by military conquest is inadmissible, 1. Deplores the failure of Israel to comply with the General Assembly resolutions mentioned above; 2. Considers that all legislative and administrative measures and actions taken by Israel, including expropriation of land and properties thereon, which tend to change the legal status of Jerusalem are invalid and cannot change that status; 3. Urgently calls upon Israel to rescind all such measures already taken and to desist forthwith from taking any further action which tends to change the status of Jerusalem; Gravely concerned about the deteriorating situation resulting therefrom, 1. Reaffirms its resolution 248 (1968) which, inter alia, declares that grave violations of the cease-fire cannot be tolerated and that the Council would have to consider further and more effective steps as envisaged in the Charter to ensure against repetition of such acts; 2. Deplores the loss of life and heavy damage to property; 3. Considers that premeditated and repeated military attacks endanger the maintenance of the peace; 4. Condemns the further military attacks launched by Israel in flagrant violation of the United Nations Charter and resolution 248 (1968) and warns that if such attacks were to be repeated the Council would duly take account of the failure to comply with the present resolution. 1. Requests the Secretary-General urgently to dispatch a Special Representative to the Arab territories under military occupation by Israel following the hostilities of 5 June 1967, and to report on the implementation of resolution 237 (1967); 2. Requests the Government of Israel to receive the Special Representative of the Secretary-General, to co-operate with him and to facilitate his work; Gravely concerned about the deteriorating situation resulting from this violation of the Security Council resolutions, Deeply concerned about the deteriorating situation resulting from this violation of the Security Council resolutions, Deeply concerned about the need to assure free uninterrupted international civil air traffic, 1. Condemns Israel for its premeditated military action in violation of its obligations under the Charter and the cease-fire resolutions; 2. Considers that such premeditated acts of violence endanger the maintenance of the peace; 3. Issues a solemn warning to Israel that if such acts were to be repeated, the Council would have to consider further steps to give effect to its decisions; 4. Considers that Lebanon is entitled to appropriate redress for the destruction it has suffered, responsibility for which has been acknowledged by Israel. Viewing with deep concern that the recent air attacks on Jordanian villages and other populated areas were of a pre-planned nature, in violation of resolutions 248 (1968) of 24 March 1968 and 256 (1968) of 16 August 1968, Gravely concerned about the deteriorating situation which endangers peace and security in the area, 1. Reaffirms resolutions 248 (1968) and 256 (1968); 2. Deplores the loss of civilian life and damage to property; 3. Condemns the recent premeditated air attacks launched by Israel on Jordanian villages and populated area in flagrant violation of the United Nations Charter and the cease-fire resolutions, and warns once again that if such attacks were to be repeated the Security Council would have to meet to consider further and more effective steps as envisaged in the Charter to ensure against repetition of such attacks. 2. Deplores the failure of Israel to show any regard for the resolutions of the General Assembly and the Security Council mentioned above; 3. Censures in the strongest terms all measures taken to change the status of the City of Jerusalem; 4. Confirms that all legislative and administrative measures and actions taken by Israel which purport to alter the status of Jerusalem, including expropriation of land and properties thereon, are invalid and cannot change that status; 5. Urgently calls once more upon Israel to rescind forthwith all measures taken by it which may tend to change the status of the City of Jerusalem, and in future to refrain from all actions likely to have such an effect; 6. Requests Israel to inform the Security Council without any further delay of its intentions with regard to the implementation of the provisions of the present resolution; 7. Determines that, in the event of a negative response or no response from Israel, the Security Council shall reconvene without delay to consider what further action should be taken in this matter; Mindful of its responsibility under the relevant provisions of the Charter of the United Nations, 1. Condemns the premeditated air attack by Israel on villages in southern Lebanon in violation of its obligations under the Charter and Security Council resolutions; 2. Deplores all violent incidents in violation of the cease-fire; 3. Deplores the extension of the area of fighting; 4. Declares that such actions of military reprisal and other grave violations of the cease-fire cannot be tolerated and that the Security Council would have to consider further and more effective steps as envisaged in the Charter to ensure against repetition of such acts. 4. Calls upon Israel scrupulously to observe the provisions of the Geneva Conventions 1/ and international law governing military occupation and to refrain from causing any hindrance to the discharge of the established functions of the Supreme Moslem Council of Jerusalem, including any co-operation that Council may desire from countries with predominantly Moslem population and from Moslem communities in relation to its plans for the maintenance and repair of the Islamic Holy Places in Jerusalem; 5. Condemns the failure of Israel to comply with the aforementioned resolutions and calls upon it to implement forthwith the provisions of these resolutions; 6. Reiterates the determination in paragraph 7 of resolution 267 (1969) that, in the event of a negative response or no response, the Security Council shall convene without delay to consider what further action should be taken in this matter; Demands the immediate withdrawal of all Israeli armed forces from Lebanese territory. Convinced that the Israeli military attack against Lebanon was premeditated and of a large scale and carefully planned in nature, Recalling its resolution 279 (1970) of 12 May 1970 demanding the immediate withdrawal of all Israeli armed forces from Lebanese territory, 1. Deplores the failure of Israel to abide by resolutions 262 (1968) and 270 (1969); 2. Condemns Israel for its premeditated military action in violation of its obligations under the Charter of the United Nations; 3. Declares that such armed attacks can no longer be tolerated and repeats its solemn warning to Israel that if they were to be repeated the Security Council would, in accordance with resolution 262 (1968) and the present resolution, consider taking adequate and effective steps or measures in accordance with the relevant Articles of the Charter to implement its resolutions; Demands the complete and immediate withdrawal of all Israeli armed forces from Lebanese territory. 2. Deplores the failure of Israel to respect the previous resolutions adopted by the United Nations concerning measures and actions by Israel purporting to affect the status of the City of Jerusalem; 3. Confirms in the clearest possible terms that all legislative and administrative actions taken by Israel to change the status of the City of Jerusalem, including expropriation of land and properties, transfer of populations and legislation aimed at the incorporation of the occupied section, are totally invalid and cannot change that status; 4. Urgently calls upon Israel to rescind all previous measures and actions and to take no further steps in the occupied section of Jerusalem which may purport to change the status of the City or which would prejudice the rights of the inhabitants and the interests of the international community, or a just and lasting peace;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? 300 SERIES: 1972-1974 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 313 (February 28, 1972) Demands that Israel immediately desist and refrain from any ground and air military action against Lebanon and forthwith withdraw all its military forces from Lebanese territory. Gravely concerned at Israel's failure to comply with Security Council resolutions 262 (1968) of 31 December 1968, 270 (1969) of 26 August 1969, 280 (1970) of 19 May 1970, 285 (1970) of 5 September 1970 and 313 (1972) of 28 February 1972 calling on Israel to desist forthwith from any violation of the sovereignty and territorial integrity of Lebanon, 1. Calls upon Israel to strictly abide by the aforementioned resolutions and to refrain from all military acts against Lebanon; 2. Condemns, while profoundly deploring all acts of violence, the repeated attacks of Israeli forces on Lebanese territory and population in violation of the principles of the Charter of the United Nations and Israel's obligations thereunder; 3. Expresses the strong desire that appropriate steps will lead, as an immediate consequence, to the release in the shortest possible time of all Syrian and Lebanese military and security personnel abducted by Israeli armed forces on 21 June 1972 on Lebanese territory; 4. Declares that if the above-mentioned steps do not result in the release of the abducted personnel or if Israel fails to comply with the present resolution, the Council will reconvene at the earliest to consider further action. 2. Deplores the fact that despite these efforts, effect has not yet been given to the Security Council's strong desire that all Syrian and Lebanese military and security personnel abducted by Israeli armed forces from Lebanese territory on 21 June 1972 should be released in the shortest possible time; 3. Calls upon Israel for the return of the above-mentioned personnel without delay; Gravely concerned at the deteriorating situation resulting from the violation of Security Council resolutions, Deeply deploring all recent acts of violence resulting in the loss of life of innocent individuals and the endangering of international civil aviation, Recalling the General Armistice Agreement between Israel and Lebanon of 23 March 1949 and the cease-fire established pursuant to resolutions 233 (1967) of 6 June 1967 and 234 (1967) of 7 June 1967, Recalling its resolutions 262 (1968) of 31 December 1968, 270 (1969) of 26 August 1969, 280 (1970) of 19 May 1970 and 316 (1972) of 26 June 1972, 1. Expresses deep concern over and condemns all acts of violence which endanger or take innocent human lives; 2. Condemns the repeated military attacks conducted by Israel against Lebanon and Israel's violation of Lebanon's territorial integrity and sovereignty in contravention of the Charter of the United Nations, of the Armistice Agreement between Israel and Lebanon and of the Council's cease-fire resolutions; 3. Calls upon Israel to desist forthwith from all military attacks on Lebanon. Gravely concerned that such an act carried out by Israel, a Member of the United Nations, constitutes a serious interference with international civil aviation and a violation of the Charter of the United Nations, Recognizing that such an act could jeopardize the lives and safety of passengers and crew and violates the provisions of international conventions safeguarding civil aviation, Recalling its resolutions 262 (1968) of 31 December 1968 and 286 (1970) of 9 September 1970, 1. Condemns the Government of Israel for violating Lebanon's sovereignty and territorial integrity and for the forcible diversion and seizure by the Israeli air force of a Lebanese airliner from Lebanon's air space; 2. Considers that these actions by Israel constitute a violation of the Lebanese-Israeli Armistice Agreement of 1949, the cease-fire resolutions of the Security Council of 1967, the provisions of the Charter of the United Nations, the international conventions on civil aviation and the principles of international law and morality; 3. Calls on the International Civil Aviation Organization to take due account of this resolution when considering adequate measures to safeguard international civil aviation against these actions; 4. Calls on Israel to desist from any and all acts that violate Lebanon's sovereignty and territorial integrity and endanger the safety of international civil aviation and solemnly warns Israel that, if such acts are repeated, the Council will consider taking adequate steps or measures to enforce its resolutions. 1. Calls upon all parties to the present fighting to cease all firing and terminate all military activity immediately, no later than 12 hours after the moment of the adoption of this decision, in the positions they now occupy; 2. Calls upon the parties concerned to start immediately after the ceasefire the implementation of Security Council resolution 242 (1967) in all of its parts; 3. Decides that, immediately and concurrently with the ceasefire, negotiations start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East. Referring to its resolution 338 (1973) of 22 October 1973, 1. Confirms its decision on an immediate cessation of all kinds of firing and of all military action, and urges that the forces be returned to the positions they occupied at the moment the cease-fire became effective; 2. Requests the Secretary General to take measures for immediate dispatch of United Nations observers to supervise the observance of the cease-fire between the forces of Israel and the Arab Republic of Egypt, using for this purpose the personnel of the United Nations now in the Middle East and first of all the personnel now in Cairo. Deeply disturbed at the continuation of acts of violence, Gravely concerned that such acts might endanger efforts now taking place to bring about a just and lasting peace in the Middle East, 1. Condemns Israel's violation of Lebanon's territorial integrity and sovereignty and calls once more on the Government of Israel to refrain from further military actions and threats against Lebanon; 2. Condemns all acts of violence, especially those which result in the tragic loss of innocent civilian life, and urges all concerned to refrain from any further acts of violence; 3. Calls upon all Governments concerned to respect their obligations under the Charter of the United Nations and international law; 4. Calls upon Israel forthwith to release and return to Lebanon the abducted Lebanese civilians;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? 400 SERIES: 1978-1981 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 425 (March 19, 1978) Decides, in the light of the request of the Government of Lebanon, to establish immediately under its authority a United Nations interim force for southern Lebanon for the purpose of confirming the withdrawal of Israeli forces, restoring international peace and security and assisting the Government of Lebanon in ensuring the return of its effective authority in the area, the force to be composed of personnel drawn from States Members of the United Nations. 1. Approves the increase in the strength of the United Nations Interim Force in Lebanon requested by the SecretaryGeneral from 4,000 to approximately 6,000 troops; 2. Takes note of the withdrawal of Israeli forces that has taken place so far; 3. Calls upon Israel to complete its withdrawal from all Lebanese territory without any further delay; 4. Deplores the attacks on the United Nations Force that have occurred and demands full respect for the United Nations Force from all parties in Lebanon. Reiterating its conviction that the continuation of the situation constitutes a challenge to its authority and a defiance of its resolutions, Noting with regret that UNIFIL has reached the end of its second mandate without being enabled to complete all of the tasks assigned to it, Stressing that free and unhampered movement for UNIFIL is essential for the fulfilment of its mandate within its entire area of operation, Reaffirming the necessity for the strict respect for the sovereignty, territorial integrity and political independence of Lebanon within its internationally recognized boundaries, Re-emphasizing the temporary nature of UNIFIL as set out in its terms of reference, Acting in response to the request of the Government of Lebanon taking into account the Secretary-General's report, 1. Deplores the lack of co-operation particularly on Israel's part with UNIFIL's efforts to fully implement its mandate including Israel's assistance to irregular armed groups in southern Lebanon; 1. Determines that the policy and practices of Israel in establishing settlements in the Palestinian and other Arab territories occupied since 1967 have no legal validity and constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; 2. Strongly deplores the failure of Israel to abide by Security Council resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968 and 298 (1971) of 25 September 1971 and the consensus statement by the President of the Security Council on 11 November 1976 2/ and General Assembly resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967, 32/5 of 28 October 1977 and 33/113 of 18 December 1978; 3. Calls once more upon Israel, as the occupying Power, to abide scrupulously by the 1949 Fourth Geneva Convention, to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem, and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories; Expressing its anxiety about the continued existence of obstacles against the full deployment of the Force and the threats to its very security, its freedom of movement and the safety of its headquarters which prevented the completion of the phased programme of activities, Convinced that the present situation has serious consequences for peace and security in the Middle East and impedes the achievement of a just, comprehensive and durable peace in the area, 1. Strongly deplores acts of violence against Lebanon that have led to the displacement of civilians, including Palestinians, and brought about destruction and loss of innocent lives; 2. Calls upon Israel to cease forthwith its acts against the territorial integrity, unity, sovereignty and political independence of Lebanon, in particular its incursions into Lebanon and the assistance it continues to lend to irresponsible armed groups; Taking note of the report and recommendations of the Security Council Commission established under resolution 446 (1979) to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, contained in document S/13450, Strongly deploring the lack of cooperation of Israel with the Commission, Considering that the policy of Israel in establishing settlements in the occupied Arab territories has no legal validity and constitutes a violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, Deeply concerned by the practices of the Israeli authorities in implementing that settlements policy in the occupied Arab territories, including Jerusalem, and its consequences for the local Arab and Palestinian population, Emphasizing the need for confronting the issue of the existing settlements and the need to consider measures to safeguard the impartial protection of property seized, Bearing in mind the specific status of Jerusalem, and reconfirming pertinent Security Council resolutions concerning Jerusalem and in particular the need to protect and preserve the unique spiritual and religious dimension of the Holy Places in that city, Drawing attention to the grave consequences which the settlements policy is bound to have on any attempt to reach a peaceful solution in the Middle East, 1. Commends the work done by the Commission in preparing the report on the establishment of Israeli settlements in the Arab territories occupied since 1967, including Jerusalem; 2. Accepts the recommendations contained in the abovementioned report of the Commission; 3. Calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem; Affirming once more that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem, Deploring the decision of the Government of Israel to officially support Israeli settlement in the Palestinian and other Arab territories occupied since 1967, Deeply concerned over the practices of the Israeli authorities in implementing that settlement policy in the occupied Arab territories, including Jerusalem, and its consequences for the local Arab and Palestinian population, Taking into account the need to consider measures for the impartial protection of private and public land and property, and water resources, Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city, Drawing attention to the grave consequences which the settlement policy is bound to have on any attempt to reach a comprehensive, just and lasting peace in the Middle East, Recalling pertinent Security Council resolutions, specifically resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969 and 298 (1971) of 25 September 1971, as well as the consensus statement made by the President of the Security Council on 11 November 1976, Having invited Mr. Fahd Qawasmeh, Mayor of Al-Khalil (Hebron), in the occupied territory, to supply it with information pursuant to rule 39 of the provisional rules of procedure, 1. Commends the work done by the Commission in preparing the report contained in document S/13679; 2. Accepts the conclusions and recommendations contained in the above-mentioned report of the Commission; 3. Calls upon all parties, particularly the Government of Israel, to co-operate with the Commission; 4. Strongly deplores the decision of Israel to prohibit the free travel of Mayor Fahd Qawasmeh in order to appear before the Security Council, and requests Israel to permit his free travel to the United Nations Headquarters for that purpose; 5. Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; 6. Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the Government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem; 7. Calls upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories; 2. Condemns all actions contrary to the provisions of the above-mentioned resolutions and, in particular, strongly deplores: (a) Any violation of Lebanese sovereignty and territorial integrity; (b) Israel's military intervention into Lebanon; (c) All acts of violence in violation of the General Armistice Agreement between Israel and Lebanon; (d) Provision of military assistance to the so-called "de facto forces"; (e) All acts of interference with the United Nations Truce Supervision Organization; (f) All acts of hostility against UNIFIL and in or through the UNIFIL area of operation as inconsistent with Security Council resolutions; (g) All obstructions of UNIFIL's ability to confirm the complete withdrawal of Israeli forces from Lebanon, to supervise the cessation of hostilities, to ensure the peaceful character of the area of operation, to control movement and to take measures deemed necessary to ensure the effective restoration of Lebanon's sovereignty; Recalling the Geneva Convention of 1949, Deeply concerned at the expulsion by the Israeli military occupation authorities of the Mayors of Hebron and Halhoul and of the Sharia Judge of Hebron, Calls upon the Government of Israel as occupying Power to rescind these illegal measures and to facilitate the immediate return of the expelled Palestinian leaders so that they can resume the functions for which they were elected and appointed, 1. Strongly deplores the failure of the Government of Israel to implement Security Council resolution 468 (1980) of 8 May 1980; 2. Calls again upon the Government of Israel, as occupying Power, to rescind the illegal measures taken by the Israeli military occupation authorities in expelling the mayors of Hebron and Halhoul and the Sharia Judge of Hebron, and to facilitate the immediate return of the expelled Palestinian leaders, so that they can resume their functions for which they were elected and appointed; Recalling also its resolutions 468 (1980) and 469 (1980) of 8 and 20 May 1980, Reaffirming its resolution 465 (1980), by which the Council determined "that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or in any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive just and lasting peace in the Middle East" and strongly deplored the "continuation and persistence of Israel in pursuing those policies and practices", Shocked by the assassination attempts on the lives of the mayors of Nablus, Ramallah and Al Bireh, Deeply concerned that the Jewish settlers in the occupied Arab territories are allowed to carry arms thus enabling them to perpetrate crimes against the civilian Arab population, 1. Condemns the assassination attempts on the lives of the mayors of Nablus, Ranallah and Al Bireh and calls for the immediate apprehension and prosecution of the perpetrators of these crimes; 2. Expresses deep concern that Israel, as occupying Power, has failed to provide adequate protection to the civilian population in the occupied territories in conformity with the provisions of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949); 3. Calls upon the Government of Israel to provide the victims with adequate compensation for the damages suffered as a result of these crimes; 4. Calls again upon the Government of Israel to respect and to comply with the provisions of the Fourth Geneva Convention of 1949, as well as with the relevant resolutions of the Security Council; 5. Calls once again upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories; 6. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem; Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city, Reaffirming its resolutions relevant to the character and status of the Holy City of Jerusalem, in particular resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971 and 465 (1980) of 1 March 1980, Recalling the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War, Deploring the persistence of Israel, in changing the physical character, demographic composition, institutional structure and the status of the Holy City of Jerusalem, Gravely concerned over the legislative steps initiated in the Israeli Knesset with the aim of changing the character and status of the Holy City of Jerusalem, 1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem; 2. Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly; 3. Reconfirms that all legislative and administrative measures and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of Jerusalem have no legal validity and constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; 4. Reiterates that all such measures which have altered the geographic, demographic and historical character and status of the Holy City of Jerusalem are null and void and must be rescinded in compliance with the relevant resolutions of the Security Council; 5. Urgently calls on Israel, the occupying Power, to abide by this and previous Security Council resolutions and to desist forthwith from persisting in the policy and measures affecting the character and status of the Holy City of Jerusalem; 6. Reaffirms its determination in the event of non-compliance by Israel with this resolution, to examine practical ways and means in accordance with relevant provisions of the Charter of the United Nations to secure the full implementation of this resolution. Recalling its resolution 476 (1980) of 30 June 1980, Reaffirming again that the acquisition of territory by force is inadmissible, Deeply concerned over the enactment of a "basic law" in the Israeli Knesset proclaiming a change in the character and status of the Holy City of Jerusalem, with its implications for peace and security, Noting that Israel has not complied with Security Council resolution 476 (1980), Reaffirming its determination to examine practical ways and means, in accordance with the relevant provisions of the Charter of the United Nations, to secure the full implementation of its resolution 476 (1980), in the event of non-compliance by Israel, 1. Censures in the strongest terms the enactment by Israel of the "basic law" on Jerusalem and the refusal to comply with relevant Security Council resolutions; 2. Affirms that the enactment of the "basic law" by Israel constitutes a violation of international law and does not affect the continued application of the Fourth Geneva Convention of 12 August 1949 Relative to the Protection of Civilian Persons in Time of War in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem; 3. Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and, in particular, the recent "basic law" on Jerusalem, are null and void and must be rescinded forthwith; 4. Affirms also that this action constitutes a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; 5. Decides not to recognise the "basic law" and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem and calls upon all Members of the United Nations: (a) to accept this decision; (b) and upon those States that have established diplomatic Missions in Jerusalem to withdraw such Missions from the Holy City; Recalling its resolutions 468 (1980) and 469 (1980), Taking note of General Assembly resolution 35/122 F, Expresses its grave concern at the expulsion by Israel of the Mayor of Hebron and the Mayor of Halhoul, 1. Reaffirms the applicability of the Fourth Geneva Convention of 1949 to all the Arab territories occupied by Israel in 1967; 2. Calls upon Israel, the occupying Power, to adhere to the provisions of the Convention; 3. Declares it imperative that the Mayor of Hebron and the Mayor of Halhoul be enabled to return to their home and resume their responsibilities; Further taking note of the resolution adopted by the Board of Governors of the IAEA on 12 June 1981 on the "military attack on the Iraq nuclear research centre and its implications for the Agency" (S/14532), Fully aware of the fact that Iraq has been a party to the Treaty on the NonProliferation of Nuclear Weapons since it came into force in 1970, that in accordance with that Treaty Iraq has accepted IAEA safeguards on all its nuclear activities, and that the Agency has testified that these safeguards have been satisfactorily applied to date, Noting furthermore that Israel has not adhered to the nonproliferation Treaty, Deeply concerned about the danger to international peace and security created by the premeditated Israeli air attack on Iraqi nuclear installations on 7 June 1981, which could at any time explode the situation in the area, with grave consequences for the vital interests of all States, Considering that, under the terms of Article 2, paragraph 4, of the Charter of the United Nations: "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," 1. Strongly condemns the military attack by Israel in clear violation of the Charter of the United Nations and the norms of international conduct; 2. Calls upon Israel to refrain in the future from any such acts or threats thereof; 3. Further considers that the said attack constitutes a serious threat to the entire IAEA safeguards regime which is the foundation of the nonproliferation Treaty; 4. Fully recognises the inalienable sovereign right of Iraq, and all other States, especially the developing countries, to establish programmes of technological and nuclear development to develop their economy and industry for peaceful purposes in accordance with their present and future needs and consistent with the internationally accepted objectives of preventing nuclearweapons proliferation; 5. Calls upon Israel urgently to place its nuclear facilities under IAEA safeguards; 6. Considers that Iraq is entitled to appropriate redress for the destruction it has suffered, responsibility for which has been acknowledged by Israel; 1. Decides that the Israeli decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan Heights is null and void and without international legal effect; 2. Demands that Israel, the occupying Power, should rescind forthwith its decision; 3. Determines that all the provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 continue to apply to the Syrian territory occupied by Israel since June 1967; (i) Calls for strict respect for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognised boundaries; (ii) Calls upon Israel immediately to cease its military action against Lebanese territorial integrity and withdraw forthwith its forces from all Lebanese territory; (iii) Decides, in the light of the request of the Government of Lebanon, to establish immediately under its authority a United Nations interim force for southern Lebanon for the purpose of confirming the withdrawal of Israeli forces, restoring international peace and security and assisting the Government of Lebanon in ensuring the return of its effective authority in the area, the force to be composed of personnel drawn from Member States; 2. Reaffirms its past resolutions and particularly its repeated calls upon all concerned for the strict respect of Lebanon's political independence, unity, sovereignty and territorial integrity;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? 500 SERIES: 1982-1986 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 501 (February 25, 1982) The Security Council, Taking note of the letters of the Permanent Representatives (S/12600 and S/12606) and the Permanent Representative of Israel (S/12607), Having heard the statement of the Permanent Representatives of Lebanon and Israel, Gravely concerned at the deterioration of the situation in the Middle East, and its consequences to the maintenance of international peace, Convinced that the present situation impedes the achievement of a just peace in the Middle East, 1. Calls for strict respect for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries; 2. Calls upon Israel immediately to cease its military action against Lebanese territorial integrity and withdraw forthwith its forces from all Lebanese territory; 1. Demands that Israel withdraw all its military forces forthwith and unconditionally to the internationally recognized boundaries of Lebanon; Recalling its resolutions 512 (1982) and 513 (1982), 1. Demands that the Government of Israel lift immediately the blocade of the city of Beirut in order to permit the dispatch of supplies to meet the urgent needs of the civilian population and allow the distribution of aid provided by United Nations agencies and by non-governmental organizations, particularly the International Committee of the Red Cross (ICRC); Deeply shocked and alarmed by the deplorable consequences of the Israeli invasion of Beirut on 3 August 1982, 1. Reconfirms its resolutions 508 (1982), 509 (1982), 512 (1982), 513 (1982), 515 (1982) and 516 (1982); 2. Confirms once again its demand for an immediate cease-fire and withdrawal of Israeli forces from Lebanon; 3. Censures Israel for its failure to comply with the above resolutions; 4. Calls for the prompt return of Israeli troops which have moved forward subsequent to 1325 hours EDT on 1 August 1982; Recalling its resolutions 508 (1982), 509 (1982), 511 (1982), 512 (1982), 513 (1982), 515 (1982), 516 (1982), and 517 (1982), Expressing its most serious concern about continued military activities in Lebanon and, particularly, in and around Beirut, 1. Demands that Israel and all parties to the conflict observe strictly the terms of Security Council resolutions relevant to the immediate cessation of all military activities within Lebanon and, particularly, in and around Beirut; 2. Demands the immediate lifting of all restrictions on the city of Beirut in order to permit the free entry of supplies to meet the urgent needs of the civilian population in Beirut; 3. Requests the United Nations observers in and in the vicinity of Beirut to report on the situation; 4. Demands that Israel co-operate fully in the effort to secure the effective deployment of the United Nations observers, as requested by the Government of Lebanon, and in such a manner as to ensure their safety; Having listened to the statement by the Permanent Representative of Lebanon, Taking note of Lebanon's determination to ensure the withdrawal of all non-Lebanese forces from Lebanon, 1. Reaffirms its resolutions 508 (1982), 509 (1982) and 516 (1982) in all their components; 2. Condemns the recent Israeli incursions into Beirut in violation of the cease-fire agreements and of Security Council resolutions; 3. Demands an immediate return to the positions occupied by Israel before 15 September 1982, as a first step towards the full implementation of Security Council resolution; 4. Calls again for the strict respect for Lebanon's sovereignty, territorial integrity, unity and political independence under the sole and exclusive authority of the Lebanese Government through the Lebanese Army throughout Lebanon; 5. Reaffirms its resolutions 512 (1982) and 513 (1982) which call for respect for the rights of the civilian populations without any discrimination and repudiates all acts of violence against those populations; Having noted with concern that the Israeli attack has caused heavy loss of human life and extensive material damage, Considering that, in accordance with Article 2, paragraph 4, of the Charter of the United Nations, 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, Gravely concerned at the threat to peace and security in the Mediterranean region posed by the air raid perpetrated on 1 October 1985 by Israel in the area of Hamman-Plage, situated in the southern suburb of Tunis, Drawing attention to the serious effect which the aggression carried out by Israel and all acts contrary to the Charter cannot but have on any initiative designed to establish an overall, just and lasting peace in the Middle East, Considering that the Israeli Government claimed responsibility for the attack as soon as it had been carried out, 1. Condemns vigorously the act of armed aggression perpetrated by Israel against Tunisian territory in flagrant violation of the Charter of the United Nations, international law and norms of conduct; 2. Demands that Israel refrain from perpetrating such acts of aggression or from the threat to do so; 3. Urgently requests the States Members of the United Nations to take measures to dissuade Israel from resorting to such acts against the sovereignty and territorial integrity of all States; 4. Considers that Tunisia has the right to appropriate reparations as a result of the loss of human life and material damage which it has suffered and for which Israel has claimed responsibility; Recalling its resolutions 425 (1978) and 426 (1978), as well as resolutions 511 (1982), 519 (1982) and 523 (1982) and all the resolutions relating to the United Nations Interim Force in Lebanon, Recalling the mandate entrusted to the United Nations Interim Force in Lebanon by resolution 425 (1978) and the guidelines of the Force set forth in the report of the Secretary-General dated 19 March 1978 (S/12611) and approved in resolution 426 (1978), Further recalling its resolutions 508 (1982), 509 (1982) and 520 (1982), as well as all its other resolutions relating to the situation in Lebanon, Solemnly reaffirming that it firmly supports the unity, territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries, Deeply grieved over the tragic loss of human life and indignant at the harassment and attacks to which the soldiers of the Force are being subjected, Recalling in this connection the statement made on 5 September by the President of the Council on its behalf (S/18320), Expressing its concern at the new obstacles to the freedom of movement of the Force and at the threats to its security, Noting with regret that the Force, whose mandate has been renewed for the twenty-first time, has so far been prevented from fulfilling the task entrustsed to it, Recalling its resolutions 444 (1979), 450 (1979), 459 (1979), 474 (1980), 483 (1980) and 488 (1981), in which it expressed its determination, in the event of continuing obstruction of the mandate of the Force, to examine practical ways and means to secure full and unconditional implementation of resolution 425 (1978), Emphasizing its conviction that this deterioration of the situation constitutes a challenge to its authority and its resolutions, 1. Condemns in the strongest terms the attacks committed against the United Nations Interim Force in Lebanon; 2. Expresses indignation at the support which such criminal action may receive; Seriously concerned about the situation in the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem, Bearing in mind the specific status of Jerusalem, 1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem; 2. Strongly deplores the opening of fire by the Israeli army resulting in the death and the wounding of defenceless students; 3. Calls upon Israel to abide immediately and scrupulously by the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949; 4. Further calls upon Israel to release any person or persons detained as a result of the recent events at Bir Zeit University in violation of the above-mentioned Geneva Convention;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? 600 SERIES: 1987-1991 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 605 (December 22, 1987) 1. Strongly deplores those policies and practices of Israel, the occupying Power, which violate the human rights of the Palestinian people in the occupied territories, and in particular the opening of fire by the Israeli army, resulting in the killing and wounding of defenceless Palestinian civilians; 2. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem; 3. Calls once again upon Israel, the occupying Power, to abide immediately and scrupulously by the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and to desist forthwith from its policies and practices that are in violation of the provisions of the Convention; Expressing grave concern over the situation in the occupied Palestinian territories, Having been apprised of the decision of Israel, the occupying Power, to "continue the deportation" of Palestinian civilians in the occupied territories, Recalling the Geneva Convention relative to the protection of civilian persons in time of war, of 12 August 1949, and in particular articles 47 and 49 of same, 1. Reaffirms once again that the Geneva Convention relative to the protection of civilian persons in time of war, of 12 August 1949, is applicable to Palestinian and other Arab territories, occupied by Israel since 1967, including Jerusalem, 2. Calls upon Israel to refrain from deporting any Palestinian civilians from the occupied territories; 3. Strongly requests Israel, the occupying Power, to abide by its obligation arising from the Convention; 4. Decides to keep the situation in the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem, under review. Expressing its deep regret that Israel, the occupying Power, has, in defiance of that resolution, deported Palestinian civilians, 1. Calls upon Israel to rescind the order to deport Palestinian civilians and to ensure the safe and immediate return to the occupied Palestinian territories of those already deported; 2. Requests that Israel desist forthwith from deporting any other Palestinian civilians from the occupied territories; Having been apprised that Israel, the occupying Power, has once again, in defiance of those resolutions, deported eight Palestinian civilians on 29 June 1989, Expressing grave concern over the situation in the occupied Palestinian territories, Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and in particular articles 47 and 49 thereof, 1. Deeply regrets the continuing deportation by Israel, the occupying Power, of Palestinian civilians; 2. Calls upon Israel to ensure the safe and immediate return to the occupied Palestinian territories of those deported and to desist forthwith from deporting any other Palestinian civilians; 3. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian territories, occupied by Israel since 1967, including Jerusalem, and to the other occupied Arab territories; Having been apprised that Israel, the occupying Power, has once again, in defiance of those resolutions, deported five Palestinian civilians on 27 August 1989, Expressing grave concern over the situation in the occupied Palestinian territories; Recalling the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and in particular articles 47 and 49 thereof, 1. Deplores the continuing deportation by Israel, the occupying Power, of Palestinian civilians; 2. Calls upon Israel to ensure the safe and immediate return to the occupied Palestinian territories of those deported and to desist forthwith from deporting any other Palestinian civilians; 3. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian territories, occupied by Israel since 1967, including Jerusalem, and to the other occupied Arab territories; Taking into consideration the statement of the Secretary-General relative to the purpose of the mission he is sending to the region and conveyed to the Council by the President on 12 October 1990, 1. Expresses alarm at the violence which took place on 8 October at the Al Haram Al Shareef and other Holy Places of Jerusalem resulting in over twenty Palestinian deaths and to the injury of more than one hundred and fifty people, including Palestinian civilians and innocent worshippers; 2. Condemns especially the acts of violence committed by the Israeli security forces resulting in injuries and loss of human life; 3. Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention, which is applicable to all the territories occupied by Israel since 1967; Taking into consideration the statement of the Secretary-General relative to the purpose of the mission he is sending to the region and conveyed to the Council by the President on 12 October 1990, Gravely concerned at the continued deterioration of the situation in the occupied territories, 1. Deplores the refusal of the Israeli Government to receive the mission of the Secretary-General to the region; 2. Urges the Israeli Government to reconsider its decision and insists that it comply fully with resolution 672 (1990) and to permit the mission of the Secretary-General to proceed in keeping with its purpose; Reaffirming also the principle of the inadmissibility of the acquisition of territory by war set forth in Security Council resolution 242 (1967), Having received the report of the Secretary-General submitted in accordance with Security Council resolution 672 (1990) of 12 October 1990 on ways and means for ensuring the safety and protection of the Palestinian civilians under Israeli occupation and in particular taking note of paragraphs 20 to 26 thereof (S/21919), Taking note of the interest of the Secretary-General to visit and send his envoy to pursue his initiative with the Israeli authorities, as indicated in paragraph 22 of the report of the Secretary-General (S/21919), and of their recent invitation extended to him, Gravely concerned at the dangerous deterioration of the situation in all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and at the violence and rising tension in Israel, Taking into consideration the statement by the President of the Security Council on 20 December 1990 concerning the method and approach for a comprehensive, just and lasting peace in the Arab-Israeli conflict; Recalling its resolutions 607 (1988), of 5 January 1988, 608 (1988), of 14 January 1988, 636 (1989) of July 1989 and 641 (1989) of 30 August 1989, and alarmed by the decision of the Government of Israel to deport four Palestinians from the occupied territories in contravention of its obligations under the Fourth Geneva Convention, of 1949, 1. Expresses its appreciation to the Secretary-General for his report; 2. Expresses its grave concern over the rejection by Israel of Security Council resolutions 672 (1990) of 12 October 1990 and 673 (1990) of 24 October 1990; 3. Deplores the decision by the Government of Israel, the occupying Power, to resume deportations of Palestinian civilians in the occupied territories; 4. Urges the Government of Israel to accept de jure applicability of the Fourth Geneva Convention of 1949, to all the territories occupied by Israel since 1967, and to abide scrupulously by the provisions of the said Convention; 5. Calls on the high contracting parties to the Fourth Geneva Convention of 1949 to ensure respect by Israel, the occupying Power, for its obligations under the Convention in accordance with article 1 thereof; Having learned with deep concern and consternation that Israel has, in violation of its obligations under the Fourth Geneva Convention of 1949, and acting in opposition to relevant Security Council resolutions, and to the detriment of efforts to achieve a comprehensive, just and lasting peace in the Middle East, deported four Palestinian civilians on 18 May 1991, 1. Declares that the action of the Israeli authorities of deporting four Palestinians on 18 May is in violation of the Fourth Geneva Convention of 1949, which is applicable to all the Palestinian territories occupied by Israel since 1967, including Jerusalem; 2. Deplores this action and reiterates that Israel, the occupying Power, refrain from deporting any Palestinian civilian from the occupied territories and ensure the save and immediate return of all those deported;
Which of these UN Security Council resolutions authorizes the use of military force against Israel? 700 SERIES: 1992 EXCERPTS FROM UN SECURITY COUNCIL RESOLUTIONS ALL LINKS GO TO THE JEWISH VIRTUAL LIBRARY. Resolution 726 (January 6, 1992) Recalling its resolutions 607 (1988), 608 (1988), 636 (1989), 641 (1989) and 694 (1991), Having been apprised of the decision of Israel, the occupying Power, to deport twelve Palestinian civilians from the occupied Palestinian territories, 1. Strongly condemns the decision of Israel, the occupying Power, to resume deportations of Palestinian civilians; 2. Reaffirms the applicability of the Fourth Geneva Convention of 12 August 1949 to all the Palestinian territories occupied by Israel since 1967, including Jerusalem; 3. Requests Israel, the occupying Power, to refrain from deporting any Palestinian civilian from the occupied territories; 4 Also requests Israel, the occupying Power, the ensure the safe and immediate return to the occupied territories of all those deported; Reaffirming its resolutions 607 (1988), 608 (1988), 636 (1989), 641 (1989), 681 (1990), 694 (1991) and 726 (1992), Having learned with deep concern that Israel, the occupying Power, in contravention of its obligations under the Fourth Geneva Convention of 1949, deported to Lebanon on 17 December 1992, hundreds of Palestinian civilians from the territories occupied by Israel since 1967, including Jerusalem, 1. Strongly condemns the action taken by Israel, the occupying Power, to deport hundreds of Palestinian civilians, and expresses its firm opposition to any such deportation by Israel; 2. Reaffirms the applicability of the Fourth Geneva Convention of 12 August 1949 to all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and affirms that deportation of civilians constitutes a contravention of its obligations under the Convention; 3. Reaffirms also the independence, sovereignty and territorial integrity of Lebanon; 4. Demands that Israel, the occupying Power, ensure the safe and immediate return to the occupied territories of all those deported;
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#34. To: BeAChooser, robin (#1)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
"Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it
Mr. CONNALLY. Mr. President, I shall presently ask unanimous consent for the immediate consideration of the joint resolution just read to the Senate. Before the request is submitted, however, I desire to say that, being advised of the declaration of war upon the United States by the Governments of Germany and Italy, and anticipating a message by the President of the United States in relation thereto, and after a conference with the Secretary of State, as chairman of the Committee on Foreign Relations, I called a meeting of the committee this morning and submitted to the committee the course I expected to pursue as chairman and the request which I expected to make. "Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it
The SPEAKER. The question is, Will the House suspend the rules and pass the joint resolution?
#48. To: nolu_chan, ALL (#34)
They formally declare something like, "the state of war between the United States and ... is hereby formally declared."
#51. To: BeAChooser (#48)
(Edited)
It doesn't require that language ANYWHERE in the Constitution or US law.
#53. To: SmokinOPs, ALL (#51)
By its very nature of being a declaration of war it must have certain properties just as a table requires legs or it is called a board or a basin in your bathroom has to spray water to be called a shower. One required property is to make a declaration (hence the name) that a state of war exists between the parties or that one party is declaring war on the other(s).
#57. To: BeAChooser, SmokinOPs, ALL (#53)
Guess the Framers of the Constitution never read your definition.
Legal Information Institute
Congressional Research Service Annotated Constitution Declaration of War
1423 7 Works of Alexander Hamilton, J. Hamilton ed. (New York: 1851), 746–747.
1424 2 Stat. 129, 130 (1802) (emphasis supplied).
1425 Of course, Congress need not declare war in the all–out sense; it may provide for a limited war which, it may be, the 1802 statute recognized. Cf. Bas v. Tingy, 4 Dall. (4 U.S.) 37 (1800).
#64. To: nolu_chan, ALL (#57)
[1422] Hamilton espoused a different interpretation, contending that the Constitution vested in Congress the power to initiate war but that when another nation made war upon the United States we were already in a state of war and no declaration by Congress was needed.
#65. To: BeAChooser (#64)
In Iraq, a state of war existed with the US in 1991 and the fact that Iraq violated the cease-fire agreement stopping the 91 conflict means a state of war still existed between the US and Iraq in 2003.
#69. To: nolu_chan, ALL (#65)
The 1991 conflict was between Iraq and coalition forces. The United Nations authorized the use of force in order to free Kuwait. It was for the UN to decide whether or how to act on an alleged breach of a UN resolution.
#73. To: BeAChooser (#69)
Excerpts from UN resolution 1441:
#75. To: nolu_chan, ALL (#73)
You forgot to include the excerpt that authorized GWB to take military action at his discretion.
Replies to Comment # 75. I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
1. Condemns this attack as a violation of the cease-fire provisions of Security Council resolution 54 (1948) and as inconsistent with the obligations of the parties under the General Armistice Agreement between Egypt and Israel 2/ and under the United Nations Charter;
Resolution 111 (January 19, 1956)2. Reminds the Government of Israel that the Council has already condemned military action in breach of the General Armistice Agreements, whether or not undertaken by way of retaliation, and has called upon Israel to take effective measures to prevent such actions;
Resolution 127 (January 22, 1958)In order to create an atmosphere which would be more conducive to fruitful discussion, activities in the zone, such as those initiated by Israelis on 21 July 1957, should be suspended until such time as the survey has been completed and provisions made for the regulation of activities in the zone;
Resolution 162 (April 11, 1961)1. Endorses the decision of the Mixed Armistice Commission of 20 March 1961;
Resolution 171 (April 9, 1962)2. Reaffirms its resolution 111 (1956) of 19 January 1956 which condemned Israel military action in breach of the General Armistice Agreement, whether or not undertaken by way of retaliation;
#78. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
Reaffirming the necessity for strict adherence to the General Armistice Agreement,
Resolution 237 (June 14, 1967)Considering that all the obligations of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 /5 should be complied with by the parties involved in the conflict,
Resolution 242 (November 22, 1967)Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
Resolution 248 (March 24, 1968)Recalling resolution 236 (1967) by which the Security Council condemned any and all violations of the cease-fire,
Resolution 250 (April 27, 1968)Having considered the Secretary-General's note (S/8561),1/ particularly his note to the Permanent Representative of Israel to the United Nations,
Resolution 251 (May 2, 1968)Recalling resolution 250 (1968) of 27 April 1968,
Resolution 252 (May 21, 1968)Recalling General Assembly resolutions 2253 (ES-V) of 4 July 1967 and 2254 (ES-V) of 14 July 1967,
Resolution 256 (August 16, 1968)Observing that both massive air attacks by Israel on Jordanian territory were of a large scale and carefully planned nature in violation of resolution 248 (1968),
Resolution 259 (September 27, 1968)Deploring the delay in the implementation of resolution 237 (1967) because of the conditions still being set by Israel for receiving a Special Representative of the Secretary-General,
Resolution 262 (December 31, 1968)Observing that the military action by the armed forces of Israel against the civil International Airport of Beirut was premeditated and of a large scale and carefully planned nature,
Resolution 265 (April 1, 1969)Observing that numerous premeditated violations of the cease-fire have occurred,
Resolution 267 (July 3, 1969)1. Reaffirms its resolution 252 (1968);
Resolution 270 (August 26, 1969)Recalling its resolution 262 (1968) of 31 December 1968,
Resolution 271 (September 15, 1969)3. Determines that the execrable act of desecration and profanation of the Holy Al-Aqsa Mosque emphasizes the immediate necessity of Israel's desisting from acting in violation of the aforesaid resolutions and rescinding forthwith all measures and actions taken by it designed to alter the status of Jerusalem;
Resolution 279 (May 12, 1970)The Security Council,
Resolution 280 (May 19, 1970)Recalling its resolutions 262 (1968) of 31 December 1968 and 270 (1969) of 26 August 1969,
Resolution 285 (September 5, 1970)The Security Council,
Resolution 298 (September 25, 1971)1. Reaffirms its resolutions 252 (1968) and 267 (1969);
#79. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
The Security Council,
Resolution 316 (June 26, 1972)Deploring the tragic loss of life resulting from all acts of violence and retaliation,
Resolution 317 (July 21, 1972)1. Reaffirms resolution 316 (1972) adopted by the Security Council on 26 June 1972;
Resolution 332 (April 21, 1973)Grieved at the tragic loss of civilian life,
Resolution 337 (August 15, 1973)Having heard the statement of the representative of Lebanon concerning the violation of Lebanon's sovereignty and territorial integrity and the hijacking, by the Israeli air force, of a Lebanese civilian airliner on lease to Iraqi Airways, 1/
Resolution 338 (October 22, 1973)The Security Council
Resolution 339 (October 23, 1973)The Security Council,
Resolution 347 (April 24, 1974)Recalling its previous relevant resolutions,
Resolution 350 (May 31, 1974)1. Welcomes the Agreement on Disengagement between Israeli and Syrian Forces, negotiated in implementation of Security Council resolution 338 (1973) of 22 October 1973;
#80. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
Calls upon Israel immediately to cease its military action against Lebanese territorial integrity and withdraw forthwith its forces from all Lebanese territory;
Resolution 427 (May 3, 1978)Recalling its resolutions 425 (1978) and 426 (1978) of 19 March 1978,
Resolution 444 (January 19, 1979)Expressing concern over the grave situation in southern Lebanon resulting from obstacles placed against the full implementation of resolutions 425 (1978) and 426 (1978) of 19 March 1978,
Resolution 446 (March 22, 1979)Affirming once more that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 1/ is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,
Resolution 450 (June 14, 1979)Reaffirming its call for the strict respect for the territorial integrity, unity, sovereignty and political independence of Lebanon within its internationally recognized boundaries,
Resolution 452 (July 20, 1979)The Security Council,
Resolution 465 (March 1, 1980)Strongly deploring the refusal by Israel to co-operate with the Commission and regretting its formal rejection of resolutions 446 (1979) and 452 (1979),
Resolution 467 (April 24, 1980)1. Reaffirms its determination to implement the above-mentioned resolutions, particularly resolutions 425 (1978), 426 (1978) and 459 (1979), in the totality of the area of operations assigned to UNIFIL, up to the internationally recognized boundaries;
Resolution 468 (May 8, 1980)The Security Council,
Resolution 469 (May 20, 1980)Recalling the Fourth Geneva Convention of 1949 and in particular article 1, which reads "The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances," and article 49, which reads "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive;",
Resolution 471 (June 5, 1980)Reaffirming the applicability of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949) to the Arab territories occupied by Israel since 1967, including Jerusalem,
Resolution 476 (June 30, 1980)Reaffirming that acquisition of territory by force is inadmissable,
Resolution 478 (August 20, 1980)The Security Council,
Resolution 484 (December 19, 1980)The Security Council,
Resolution 487 (June 19, 1981)Taking note of the statement made by the DirectorGeneral of the International Atomic Energy Agency (IAEA) to the Agency's Board of Governors on the subject on 9 June 1981 and his statement to the Council at its 2288th meeting on 19 June 1981,
Resolution 497 (December 17, 1981)Reaffirming that the acquisition of territory by force is inadmissible, in accordance with the United Nations Charter, the principles of international law, and relevant Security Council resolutions,
Resolution 498 (December 21, 1981)1. Reaffirms its resolution 425 (1978) in which it
#81. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
1. Reaffirms its resolution 425 (1978) which reads:
Resolution 509 (June 6, 1982)Reaffirming the need for strict respect for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries,
Resolution 515 (July 29, 1982)Referring to the humanitarian principles of the Geneva Conventions of 1949 and to the obligations arising from the regulations annexed to the Hague Convention of 1907,
Resolution 517 (August 4, 1982)The Security Council,
Resolution 518 (August 12, 1982)The Security Council,
Resolution 520 (September 17, 1982)Condemning the murder of Bashir Gemayel, Lebanon's constitutionally selected President-elect, and every effort to disrupt by violence the restoration of a strong, stable government in Lebanon,
Resolution 573 (October 4, 1985)Having heard the statement by the Minister for Foreign Affairs of Tunisia,
Resolution 587 (September 23, 1986)The Security Council,
Resolution 592 (December 8, 1986)Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
#82. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
Considering that the current policies and practices of Israel, the occupying Power, in the occupied territories are bound to have grave consequences for the endeavours to achieve comprehensive, just and lasting peace in the Middle East,
Resolution 607 (January 5, 1988)Recalling its resolution 605 (1987) of 22 December 1987,
Resolution 608 (January 14, 1988)Reaffirming its resolution 607 (1988) of 5 January 1988,
Resolution 636 (July 6, 1989)Reaffirming its resolutions 607 (1988) of 5 January 1988 and 608 (1988) of 14 January 1988,
Resolution 641 (August 30, 1989)Reaffirming its resolutions 607 (1988) of 5 January 1988, 608 (1988) of 14 January 1988 and 636 (1989) of 6 July 1989,
Resolution 672 (October 12, 1990)Reaffirming that a just and lasting solution to the Arab-Israeli conflict must be based on its resolutions 242 (1967) and 338 (1973) through an active negotiating process which takes into account the right to security for all States in the region, including Israel, as well as the legitimate political rights of the Palestinian people,
Resolution 673 (October 24, 1990)Expressing alarm at the rejection of Security Council resolution 672 (1990) by the Israeli Government, and its refusal to accept the mission of the Secretary-General,
Resolution 681 (December 20, 1990)Reaffirming the obligations of Member States under the United Nations Charter,
Resolution 694 (May 24, 1991)Reaffirming its resolution 681 (1990),
#83. To: BeAChooser (#75)
I suppose you think that the UN thought "serious consequences" meant more diplomacy ... with a quarter million US soldiers mobilizing on Iraq's borders and with the US Congress having already passed a bill authorizing the use of military force. ROTFLOL!
Recalling the obligations of Member States under the United Nations Charter,
Resolution 799 (December 18, 1992)Recalling the obligations of Member States under the United Nations Charter,
End Trace Mode for Comment # 75.