Israel instructs Obama: "Iranian And Syrian sanctions are not painful enough!", Executive order for no fly zone over Iran, Syria. Act of War | |
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mrmuffins69 (OP) User ID: 34492275 United States 02/26/2013 12:15 AM Report Abusive Post Report Copyright Violation | Re: Israel instructs Obama: "Iranian And Syrian sanctions are not painful enough!", Executive order for no fly zone over Iran, Syria. Act of War While Israel advocates an economic blockade of Iran and Syria, under binding rules of international and US law, economic blockades are acts of war. They are variously defined as surrounding a nation with hostile forces, economic besieging, preventing the passage in or out of a country of civilian supplies or aid. It is an act of naval warfare to block access to a country’s coastline and deny entry to all vessels and aircraft, absent a formal declaration of war and approval of the UN Security Council. All treaties to which America is a signatory, including the UN Charter, are binding US law. Chapter VII authorizes only the Security Council to “determine the existence of any threat to the peace, or act of aggression (and, if necessary, take military or other actions to) restore international peace and stability.” It permits a nation to use force (including a blockades) only under two conditions: when authorized by the Security Council or under Article 51 allowing the “right of individual or collective self-defense if an armed attack occurs against a Member….until the Security Council has taken measures to maintain international peace and security.” As International law Professor Francis Boyle reminds us, Customary International Law recognizes economic blockades as an act of war because of the implied use of force even against third party nations in enforcing the blockade. Writes Boyle, “Blockades as acts of war have been recognized as such in the Declaration of Paris of 1856 and the Declaration of London of 1909 that delineate the international rules of warfare.” America approved these Declarations, thereby are became binding US law as well “as part of general international law and customary international law.” US presidents Dwight Eisenhower and Jack Kennedy, called economic blockades acts of war. So has the US Supreme Court. In Bas v. Tingy (1800), the US Supreme Court addressed the constitutionality of fighting an “undeclared war” (read extreme economic sanctions). It ruled the seizure of a French vessel (is) an act of hostility or reprisal. The Court cited Talbot v. Seaman (1801) in ruling that “specific legislative authority was required in the seizure. In Little v. Barreme (1804), the Court held that “even an order from the President could not justify or excuse an act that violated the laws and customs of warfare. Chief Justice John Marshall wrote that a captain of a United States warship could be held personally liable in trespass for wrongfully seizing a neutral Danish ship, even though” presidential authority ordered it. “The Prize Cases” (1863) is perhaps the most definitive US Supreme Court ruling on economic blockades requiring congressional authorization. The case involved President Lincoln’s ordering “a blockade of coastal states that had joined the Confederacy at the outset of the Civil War. The Court….explicitly (ruled) that an economic blockade is an act of war and is legal only if properly authorized under the Constitution.” Iran and Syria pose no threat to the US or any peaceful law abiding nation. Imposing a blockade against either violates the UN Charter and settled international humanitarian laws as well as US law. It would constitute an illegal act of aggression that under the Nuremberg Charter is the designated a “supreme international crime” above all others. It would render the Obama administration and every government of other participating nations criminally liable. Contrary to what the occupiers of Palestine may fantasize, if the White House wants an economic blockade of Iran or Syria it must declare war, letting the American people be heard on the subject and convince the UN Security Council to pass a UNSCR under Chapter 7. The White House cannot legally, morally or consistently with claimed American humanitarian values continue to target civilian populations with economic sanctions on the cheap. |
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