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West Violates Article 27 of UN Charter

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TEHRAN, March 30 (ICANA) – A civil war has already begun in Libya between Gaddafi loyalists and the US-organized armed rebels, as the US is taking sides in the civil war.
Wednesday, March 30, 2011 12:28:56 PM
West Violates Article 27 of UN Charter

Press TV talks with Franklin Lamb, international lawyer from Beirut who clarifies the illegitimacy of the UN's no fly zone intrusion against a member state of the UN in civil war; US and NATO violation of the UN Charter of taking sides in a civil war; and why they must now violate law again to go after Gaddafi like they went after Saddam.

Q: In terms of NATO taking control of command in Libya, what is the impact of this development? Is the US and the UK resigning themselves to the background? These countries have invested billions of dollars in their operations in Libya.

Franklin Lamb: It's a purely domestic, political calculation from the side of the US. President Obama has taught constitutional law in law school. He knows what our constitution says. I have also taught constitutional law and I know what the constitution says. And Under Article 1 section 8 clause 11, it could not be more clear, that the founding fathers, Madison, Adams, and Washington and the West gave Congress and 'only' Congress the power to declare war. Congress wasn't considered in this case. Even Bush considered Congress.

The reasons are domestic - they wanted to rush, to get in quick. The Zionist lobby was pushing, pushing, pushing, and he's got himself into a devil of a mess politically.

As we take a second look, this war is a text book example of what you don't do. It's illegal under the American Constitution, and it's illegitimate under the United Nation's Charter. So, it's apparently going into a civil war.

NATO came on the side of the civilians - Which civilians? Are there good civilians, bad civilians... if the news is correct and they have achieved the no fly zone objective, they ought to be out of there tomorrow.

They're talking about 60 days - the fact of the matter is politically, Obama has got himself into a mess. It's the American bombs, fire power and technology that haven't changed, they are still there. He's trying to give it another face to try to satisfy some NATO people, but the fact of the matter is, it looks like a civil war and the Americans have to live with the consequences. They ought to be out of there, if they've achieved the no fly zone.

If Gaddafi is not using aircraft against certain people in his country, then we don't need more bombing, and bombing, and bombing. It looks like we have joined one side and joining one side is in direct violation of Article 27 of the charter that says the UN can not intervene or interfere in the internal politics of another country. We have taken sides and there are many problems with this.

Of course, it's a war and it is to protect “certain” civilians. What about the other civilians? We're involved in what looks like civil war. I will concede that the 1973 resolution is legal as it was passed by the UN Security Council, but that doesn't mean it's legitimate; it doesn't mean it's morally right and it doesn't mean it isn't going to come back and haunt NATO and the Americans.

Q: We have Canadian General Charlie Bouchard, the man who was chosen by NATO to lead the allied command - Now Bouchard is going to serve under the US Admiral, Samuel H. Laughlin who commands the US operation for the Mediterranean Head Quarters - So is this not a US operation?

Franklin Lamb: This is an American war- it's an American command, American material and weapons etc. The object has become clear. The Canadian General has said that the skies are clear over Libya... so why aren't they coming home?

The reason that they're not coming home is that they've got to get some ground forces or some missiles, whatever it takes to kill Gaddafi. That's clear! Otherwise it will become even more of an outrage if he survives to top the West about their illegalities.

It was not well thought out (the American strategy on Libya); it's a violation of Article 27 of the UN Charter because they did not have the right to enter the internal affairs of a member state of the United Nations. People are talking about genocide - we don't know that - the facts are very unclear and if you believe some accounts we (US, CIA, NATO) are supporting al-Qaeda because they have supposedly joined the rebels.

It's a mess - We ought to get out of there - There should be an inquiry - we should go back to the purpose of the UN and focus on that and get some reform before we go after another despot.

Q: Making this a US operation would seem like making a war against a Muslim state. As NATO takes command what difference does this make?

Franklin Lamb: Are we going to face the situation where the UN uses the US - I would argue it's the opposite, the US and its hegemonic designs with Israel - they use the UN and it has corrupted; quite frankly, the Security Council that body has got to be reformed.

Q: Where do you see this operation heading in terms of the Western cooperation and actions in Libya?

Franklin Lamb: Well, I think it is going to be a textbook case. It will be studies for a long time because it is a disaster! It's wrong from beginning to end. So many questions are now being raised and I think the sequel now is going to be that they have to kill Gaddafi. They will deny it at first, talk back and forth and be vague like the British are, but unless they remove him they will never be able to convince the Libyan community that they achieved anything.

It's a civil war and we shouldn't be there and our only 'out' is to get rid of the dictator and say, just like in Iraq, “We've got rid of Saddam, now we've got rid of Gaddafi - we did something great.” That is where we're headed. They will stay until they get him and there may be troops on the ground to achieve that.

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