Category: International law

20 years ago nuclear weapons were judged to be illegal

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By David Krieger

July 7 , 2016

The International Court of Justice (“Court,” or “ICJ”), the world’s highest court, issued its Advisory Opinion on the legality of the threat or use of nuclear weapons on July 8, 1996. Thus, this week marks the 20th anniversary of that momentous opinion.

The Court found in a split vote (7 to 7), with the casting vote of the Court’s president Mohammed Bedjaoui deciding the matter, that the threat or use of nuclear weapons would generally be illegal under international law. The Court could not determine whether it would be legal or illegal to threaten or use nuclear weapons “in an extreme circumstance of self-defense, in which the very survival of a State would be at stake.”

Three of the judges voting to oppose general illegality, however, were concerned with the word “generally” and wanted the Court to go further and remove any ambiguity about the illegality of threat or use of nuclear weapons.

Judge C.G. Weeramantry, for example, argued in a brilliant dissenting opinion “that the use or threat of use of nuclear weapons is illegal in any circumstances whatsoever.”

Thus, in actuality, ten of the fourteen judges supported either general illegality or total illegality of the threat or use of nuclear weapons.

The Court also found unanimously that Read More »

TFF PressInfo # 382: Cheating Moscow – NATO’s dangerous expansion

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By Jonathan Power

June 28th 2016.

NATO has just announced a plan to send troops to the alliance’s eastern flank, close to the Russian border. NATO says it is attempting to deter potential Russian aggression.

The UK, the US, Canada and Germany will lead four battle groups to be based in Poland and the Baltic states. Diplomats say the troops will be a deterrent to Russian aggression by acting as a “tripwire” that would trigger a full response from the alliance if necessary

On Sunday the foreign minister of Germany, Frank-Walter Steinmeier, condemned Western “sabre-rattling and war cries”. He said, “Anyone who believes the symbolic tank parades on the Alliance’s eastern border will increase security is wrong”.

Apart from the appalling fact that the West is contemplating all out war against Russia there is the plain fact that it has expanded NATO in contravention of the solemn understandings given the Soviet Union at the end of the Cold War.

The deal was straightforward: The Soviet Union would agree to the reunification of East and West Germany and accept that East Germany would become part of NATO in return for a non-expansion promise.

It is the breaking of this promise that, more than any other one thing, has fuelledRead More »

The Chilcot Inquiry must tell the truth

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By Mairead Maguire

The long awaited Chilcot report (5 years) on the Invasion of Iraq will finally be released on 6th July, 2016.

The Report is to be welcomed and the hope expressed that this inquiry will tell the truth of what happened to the Iraqi people and clarify the UKs involvement, through an official Government recognition of facts of the wars, sanctions and invasion of Iraq and for transparency, accountability and reparation to be paid to the Iraqi people by the UK Government who participated in these illegal and immoral genocidal wars.

The story of what was done to the Iraqi people by UK and Western allies is shocking and deeply disturbing.

The two wars, the imposition of economic sanctions, causing the slow deaths of thousands of people, were indeed crimes against humanity, war crimes, breaking all international obligations and conducted with no respect for human life or the Iraqi people’s rights.

The UK/USA acted unilaterally ignoring the principal of multilateralism and irrespective of the enormous opposition to war against Iraq, articulated by millions of people around the world.

The invasion was carried out by US/UK NATO forces on the basis of a ‘lie’ that Iraq had nuclear weapons and was a threat to the US.

The foreign policy of the US/UK governments were for regime change and about Iraqi oil; the methods used were Read More »

Is ISIS on the wane?

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By Jonathan Power

Within a matter of days a self-appointed ISIS “lone wolf”, Omar Mateen, with no actual links to home office Isis has created mayhem in Orlando, Florida, with his killing of 49 people in a gay club, and the Iraq army has pushed Isis troops out of most of the important city of Falluja.

Maybe it is an exaggeration to say that ISIS is on the run its bailiwicks of Iraq and Syria but it is certainly taking very bad hits. Two years after sweeping through northern Iraq and capturing the oil city of Mosul in 2014 they are now on the defensive. ISIS has lost nearly half of the Iraqi territory it held. (i.e. an area about half that of the UK). It has lost much of its oil infrastructure.

It is taking lots of casualties. In Syria it is fighting on two contradictory fronts – the regime in Damascus, supported by Iran and Russia and against the non-Islamist rebels, supported by the US and the Arab states.

Meanwhile the flow of foreign fighters on which it has depended is slowing up and large numbers are returning home. Funding is drying up.

This indeed is why Mateen, the lone wolf, is so important to ISIS. ISIS spokesman, Abu Muhammad al-Adnani, has asked ISIS sympathisers to stay where they are. “The smallest action you do in the heart of [your] land is better and more enduring to us than what you would do if you were with us.”

Is this a switch in tactics? We do not know yet.

What we do know is Read More »

Brexit and What it Means for Britain and for Europe

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By Farhang Jahanpour

Today (16 June 2016), Jo Cox, the 41-year old Labor MP, was killed after she was shot and stabbed in her constituency in Yorkshire. A 52-year old man was arrested in the area. The suspect was named locally as Tommy Mair.

There is as yet very little concrete information about him or his motives, and it is too early to jump to a conclusion and link his dastardly act with the referendum, but some eyewitnesses have said that before shooting Jo Cox twice, Mair shouted “Britain first”. Clearly, he is a deranged individual, but if he uttered those words, it is possible to conclude that the assault was connected with the referendum.

The fact remains that the assassination of such a strongly pro-EU MP is a big shock, a major loss and of course the source of great grief for her husband and her two small children. Before being elected as an MP in the last general election, Jo Cox had been a charity worker and a human rights campaigner all her life. Her husband, Brendan, used to work for Save the Children. They and their two little children lived a quiet and unassuming life in a barge on the Thames near the Houses of Parliament.

Her husband released the following touching statement after her death:

“Today is the beginning of a new chapter in our lives. More difficult, more painful, less joyful, less full of love. I and Jo’s friends and family are going to work every moment of our lives to love and nurture our kids and to fight against the hate that killed Jo.
Jo believed in a better world and she fought for it everyday of her life with an energy and a zest for life that would exhaust most people. She would have wanted two things above all else to happen now, one that our precious children are bathed in love and two, that we all unite to fight against the hatred that killed her. Hate doesn’t have a creed, race or religion, it is poisonous.
Jo would have no regrets about her life, she lived every day of it to the full.”

In any case, this ugly deed provides an extreme example of the acrimonious debates that are held over the referendum. All campaigning has been suspended as a sign of respect for the death of the MP.

On June 23, the British people take part in a rare referendum Read More »

TFF PressInfo # 378: A new Cold War between Russia and the West?

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By Jonathan Power

June 7th. 2016.

The second article in the TFF Series on The New Cold War

George Orwell, the author of “Animal Farm” and “1984”, was the first person to use the phrase “Cold War” in a 1945 newspaper article, written just after the nuclear bombing of Hiroshima and Nagasaki. He argued that “the surface of the earth is being parceled off into three great empires, each self-contained and cut off from contact with the outer world, and each ruled, under one disguise or another, by a self-elected oligarchy. He counted the US and Western Europe as one, the Soviet Union as the second and China as the third. He concluded that, “the atomic bomb is likeliest to put an end to large-scale wars at the cost of prolonging indefinitely a peace that is no peace”.

I think he got it nearly right – or so it seems as a new Cold War erupts between the West and Russia and China spars with the US over the South China Sea and its islands.

Of course it’s more complicated than that. China and Russia have a fair relationship. China and the US are perhaps doing nothing much more than annoying each other and the bonds of commerce and student exchanges bind both the elites and the populaces close together.

To me a new Cold War is nonsense on stilts. Even more than the original one.

George Kennan, the US former ambassador to Moscow and the author of how to contain the Soviet Union, always insisted that Stalin had no intention of rolling his tanks into Western Europe. As Robert Legvold summarizes Kennan’s views in his interesting new book, “Cold War”, “The threat the Soviet Union posed was political, a threat accentuated by these countries’ vulnerability to Soviet subversion because of their economic frailty and political instability – a threat requiring a political and economic response, not a military one”.

In 1948 Kennan wrote, as he observed the creation of Nato, “Why did they [Western leaders] wish to divert attention from a thoroughly justified and promising program of economic recovery by emphasizing a danger which did not actually exist but which might be brought into existence by too much discussion of the military balance and by the ostentatious stimulation of military rivalry?”Read More »

TFF PressInfo # 375 Close calls: We were closer to nuclear destruction than we knew (2)

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By Gunnar Westberg

The proposition that nuclear weapons can be retained in perpetuity and never used – accidentally or by decision – defies credibility”.

Other serious close calls

In November 1979, a recorded scenario describing a Russian nuclear attack had been entered into the US warning system NORAD. The scenario was perceived as a real full-scale Soviet attack. Nuclear missiles and bombers were readied. After six minutes the mistake became obvious. After this incident new security routines were introduced.

Despite these changed routines, less that one year later the mistake was repeated – this time more persistent and dangerous. Zbigniew Brzezinski, the US national security adviser, was called at three o’clock in the morning by a general on duty. He was informed that 220 Soviet missiles were on their way towards the USA. A moment later a new call came, saying that 2,200 missiles had been launched.

Brzezinski was about to call President Jimmy Carter when the general called for a third time reporting that the alarm had been cancelled.

The mistake was caused by a malfunctioning computer chip. Several similar false alarms have been reported, although they did not reach the national command.

We have no reports from the Soviet Union similar to these computer malfunctions. Maybe the Russians have less trust in their computers, just as Colonel Petrov showed? However, there are many reports on serious accidents in the manufacture and handling of nuclear weapons.

I have received reliable information from senior military officers in the Soviet Union regarding heavy use of alcohol and drugs among the personnel that monitor the warning and control systems, just as in the USA.

The story of the “Norwegian weather rocket” in 1995 is often presented as a particularly dangerous incident. Russians satellites warned of a missile on its way from Norway towards Russia. President Yeltsin was called in the middle of the night; the “nuclear war laptop” was opened; and the president discussed the situation with his staff. The “missile” turned out not to be directed towards Russia.

I see this incident as an indication that when the relations between the nuclear powers are good, then the risk of a misunderstanding is very small. The Russians were not likely to expect an attack at that time.

Indian soldiers fire artillery in northernmost part of Kargil region

Close calls have occurred not only between the two superpowers. India and Pakistan are in a chronic but active conflict regarding Kashmir. At least twice this engagement has threatened to expand into a nuclear war, namely at the Kargil conflict in 1999 and after an attack on the Indian Parliament by Pakistani terrorists in 2001.

Both times, Pakistan readied nuclear weapons for delivery. Pakistan has a doctrine of first use: If Indian military forces transgress over the border to Pakistan, that country intends to use nuclear weapons.

Pakistan does not have a system with a “permissive link”, where a code must be transmitted from the highest authority in order to make a launch of nuclear weapons possible. Military commanders in Pakistan have the technical ability to use nuclear weapons without the approval of the political leaders in the country. India, with much stronger conventional forces, uses the permissive link and has declared a “no first use” principle.

The available extensive reports from both these incidents show that the communication between the political and the military leaders was highly inadequate. Misunderstandings on very important matters occurred to an alarming degree. During both conflicts between India and Pakistan, intervention by US leaders was important in preventing escalation and a nuclear war.Read More »

TFF PressInfo # 374: Close calls: We were closer to nuclear destruction than we knew (1)

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By Gunnar Westberg

The proposition that nuclear weapons can be retained in perpetuity and never used – accidentally or by decision – defies credibility”.

This unanimous statement was published by the Canberra Commission in 1996. Among the commission members were internationally known former ministers of defense and of foreign affairs and generals.

The nuclear-weapon states do not intend to abolish their nuclear weapons. They promised to do so when they signed the Nuclear Non-Proliferation Treaty (NPT) of 1970.

Furthermore, the International Court in The Hague concluded in its advisory opinion more than 20 years ago that these states were obliged to negotiate and bring to a conclusion such negotiations on complete nuclear disarmament.

The nuclear-weapon states disregard this obligation. On the contrary, they invest enormous sums in the modernization of these weapons of global destruction.
It is difficult today to raise a strong opinion in the nuclear-weapon states for nuclear disarmament. One reason is that the public sees the risk of a nuclear war between these states as so unlikely that it can be disregarded.

It is then important to remind ourselves that we were for decades, during the Cold War, threatened by extinction by nuclear war. We were not aware at that time how close we were.

In this article I will summarize some of the best-known critical situations. Recently published evidence shows that the danger was considerably greater than we knew at the time.

The risk today of a nuclear omnicide – killing all or almost all humans – is probably smaller than during the Cold War, but the risk is even today real and it may be rising. That is the reason I wish us to remind ourselves again: as long as nuclear weapons exist we are in danger of extermination.

Nuclear weapons must be abolished before they abolish us.

Stanislav Petrov: The man who saved the world

1983 was probably the most dangerous year for mankind ever in history. We were twice close to a nuclear war between the Soviet Union and the USA. But we did not know that.

The situation between the USA and the Soviet Union was very dangerous. In his notorious speech in March 1983, President Reagan spoke of the “Axis of Evil” states in a way that seriously upset the Soviet leaders. The speech ended the period of mutual cooperation, which had prevailed since the Cuba Missile Crisis.

In the Soviet Union many political and military leaders were convinced that the USA would launch a nuclear attack. Read More »

TFF PressInfo # 373: What Obama should do in Hiroshima tomorrow

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By Jonathan Power

Lund, Sweden, May 26, 2016

Introduction
By Jan Oberg

President Barack Obama visits Hiroshima on May 27; it’s the first time since the U.S. used nuclear weapons on Hiroshima and Nagasaki in August 1945 that a sitting U.S. president visits Hiroshima

It is known that he will not apologize for the crime that killed and crippled about a quarter of a million innocent people.

Disturbingly, the White House has also announced that he will “not have the time” to meet any victims, the Hibakusha.

According to Time he shakes off the ethical dimension of this unique mass killing by stating that “it is important to recognize that in the midst of war, leaders make all kinds of decisions”(!)

His commitment to peace and a nuclear weapons-free world has been an utter failure, according to TFF Associate Jonathan Power.

And it seems that Obama will not use this unique opportunity to show any moral leadership or this last chance to announce even the smallest step in the direction of what the huge majority of the world’s people want: living in a more peaceful world with fewer and, eventually, no nuclear weapons.

Jonathan Power starts out in Hiroshima

“We were standing in Hiroshima looking at a stone wall. All there was to see was a shadow of a man. Read More »