The US, Canada, France and the UK are engaging in an illegal war in Libya. They and NATO have openly
violated the UN resolutions that were passed to bring an end to the conflict in Libya. NATO is actively supporting the Al Qaeda terrorists in Libya and have installed them as the defacto government. I do think that if the people of Libya wanted Qaddafi out they could and would have gotten rid of him. The problem however is that there were no large scale protests against Qaddafi's government leading up to the conflict. There is however a great deal of evidence that the CIA and other intelligence agencies funded Islamic extremists in order to create the conflict in Libya which sparked the violence. I have mixed feelings about Qaddafi. On one hand he did do a great deal of good for Libya but there is also evidence he did many bad things as well. That however does not justify a war of aggression to be waged against the people of Libya. Since the conflict began there are have been more than 60,000 civilian casualties due to the NATO bombing of Libya.
A war of aggression is a military conflict waged without the justification of self-defense. Waging such a war of aggression is a crime under the customary international law. The governments of the United States, France, Britain and Canada waged and continues to wage such a war of aggression against Libya. As Libya did not attack the United States, France, Britain or Canada the U.S. lead unprovoked armed attacks against Libya are declared war crimes and crimes against humanity. The leaders of the attacking countries, including United States President Barack Hussein Obama, French President Nicolas Sarkozy, British Prime Minister David Cameron and Canadian Prime Minister Stephen Harper, are therefore declared war criminals under International Law. A state which carries out or permits slavery, torture, genocide, war of aggression, or crimes against humanity is always violating customary international law. The leader of any state who carries out or permits slavery, torture, genocide, war of aggression, or crimes against humanity is guilty of an indictable offense.
When the United Nations General Assembly unanimously affirmed the Nürnberg principles in 1946, it affirmed the principle of individual accountability for the crimes of carrying out or permitting slavery, torture, genocide, war of aggression, or crimes against humanity. Barack Hussein Obama, Nicolas Sarkozy, David Cameron and Stephen Harper are all guilty, under International Law, of willful planning, preparing and initiating of a war of aggression against Libya. Libya did not attack Canada, the United States or any other foreign state. The Libyan civil unrest was a domestic conflict. The Libyan leaders have only killed foreign paid mercenaries. Mercenaries are not protected by the Geneva Convention. Any leader of any country can kill any and all mercenaries who are actively participating in acts of rebellion, revolt, sabotage, or any other act that seeks to overthrown the government.
Legal precedents that apply to Barack Hussein Obama, Nicolas Sarkozy, David Cameron and Stephen Harper for the unprovoked armed attacks against the sovereign state of Libya include;
On July 3, 1933, the first convention that defined aggression was signed in London by representatives of Romania, Estonia, Latvia, Poland, Turkey, USSR, Iran and Afghanistan. It was initiated by Soviet Foreign Minister Maxim Litvinov in response to threats of use of force by the German government following Hitler’s rise to power. The convention defined an act of aggression as follows:
- Declaration of war upon another State.
- Invasion by its armed forces, with or without a declaration of war, of the territory of another State.
- Attack by its land, naval or air forces, with or without a declaration of war, on the territory, vessels or aircraft of another State.
- Naval blockade of the coasts or ports of another State.
- Provision of support to armed bands formed in its territory which have invaded the territory of another State, or refusal, notwithstanding the request of the invaded State, to take, in its own territory, all the measures in its power to deprive those bands of all assistance or protection.
In 1950, the Nuremberg Tribunal defined Crimes against Peace, in Principle VI, specifically Principle VI(a), submitted to the United Nations General Assembly, as:
- (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
- (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
The relevant provisions of the Charter of the United Nations mentioned in the RSICC article 5.2 were framed to include the Nuremberg Principles. The specific principle is Principle VI.a “Crimes against peace”, which was based on the provisions of the London Charter of the International Military Tribunal that was issued in 1945 and formed the basis for the post World War II war crime trials. The Charters provisions based on the Nuremberg Principle VI.a are:
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
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.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
The Rome Statute of the International Criminal Court refers to the crime of aggression as one of the “most serious crimes of concern to the international community”, and provides that the crime falls within the jurisdiction of the International Criminal Court (ICC).
The North Atlantic Treaty
Washington D.C. – 4 April 1949
“The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments. They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. They seek to promote stability and well-being in the North Atlantic area.
They are resolved to unite their efforts for collective defence and for the preservation of peace and security. They therefore agree to this North Atlantic Treaty” :
The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.
The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them.
In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack.
The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.
The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security .
Article 6 (1)
For the purpose of Article 5, an armed attack on one or more of the Parties is deemed to include an armed attack:
* on the territory of any of the Parties in Europe or North America, on the Algerian Departments of France, on the territory of or on the Islands under the jurisdiction of any of the Parties in the North Atlantic area north of the Tropic of Cancer;
* on the forces, vessels, or aircraft of any of the Parties, when in or over these territories or any other area in Europe in which occupation forces of any of the Parties were stationed on the date when the Treaty entered into force or the Mediterranean Sea or the North Atlantic area north of the Tropic of Cancer.
This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security.
US/NATO war against Libya waged without the justification of self-defense
The unprovoked armed attacks have all been made by the United States, France, Britain and Canada. Libya did not launch any armed attacks against the United States, France, Britain, Canada or any NATO member state. Furthermore, the United Nations cannot authorize the use of force and no UN member state can plan, prepare, initiate or wage war against any state especially when the conflict is a domestic conflict. The UN Resolution 1973 (2011) is therefore illegal - UN Charter Article 2. 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state. Therefore United States President Barack Hussein Obama, French President Nicolas Sarkozy, British Prime Minister David Cameron and Canadian Prime Minister Stephen Harper, are guilty of war crimes. After WWII German officers and official were indicted for exactly the same crimes that are now being committed by Barack Hussein Obama, Nicolas Sarkozy, David Cameron and Stephen Harper.
- Participation in a common plan or conspiracy for the accomplishment of a crime against peace
- Planning, initiating and waging wars of aggression and other crimes against peace
- War crimes
- Crimes against humanity