5. PEACE IS CONTINGENT ON OBSERVANCE OF THE UN CHARTER
 
 
 

It is a fact that the occupation of Kuwait by Iraq is a violation of one of the basic principles enshrined in the Charter of the United Nations Organization whose purpose is to defend peace. However, to deal with this violation by another violation of the Charter, is by no means an appropriate response. Security Council Resolution 678 which is based on Article 42 of the Charter does not provide the green light for military action upon expiry of the January 15 deadline.

Enforcement of this Resolution requires, first, compliance with the provisions of Articles 43, 46 and 47 of the Charter which set the modalities for UN military intervention. As these conditions are not fulfilled, any military action after January 15 at midnight would constitute a blatant violation of the UN Charter.

This point was admitted implicitly by the UN Secretary General on the 3rd of January and, a few days later, by the President of France. No comparison can be made with the cases of Korea (1950) and the Congo (1960). Foreign troops which are stationed in the Gulf were not dispatched there by the United Nations. They were sent at the request of each one of the host countries.

The Security Council must clarify its position in order to preserve peace and protect the credibility of the only universal organization which is dedicated to the defense of peace and security. The mandate of the UN Secretary General must also be reaffirmed in the light of the provisions of Article 99 of the United Nations Charter.

It should also be pointed out that the so-called "international coalition" is made up basically of three countries, the U.S.A., Great Britain and France. 85% of the foreign troops stationed in the Gulf are American, 8.5% British and 2% French. Put together, these troops account for more than 90% of the total forces. They also provided 100% of the 1,410 fighter aircraft committed to the Gulf war, in addition they supplied 77% of the tanks and 75% of warships. Latin America made a token contribution of 0.005% of the troops and Africa .2% with a contingent of less than 1.000 soldiers.

Although the international coalition is not as international as it claims to be, it is refreshing to know that opinion polls conducted in the countries concerned have shown that the majority of public opinion is opposed to the war. I think that the search for peace is the most universal expression of human solidarity, because it is the very survival of mankind that is at stake.

We all are under a moral and legal obligation to work for peace in compliance with the provisions of the UN Charter. References to the past, and particularly to World War II are irrelevant in terms of time and space, because humanity did not have then the capacity for self-destruction.
 
 
 
 

The construction of a new world order depends on the observance of the legal international order which is enshrined in the United Nations Charter. It is more than urgent to work for the respect of that order if we are to preserve peace.
 
 
 
 
 
 

Rabat, January 14, 1991.
 
 
 

* Le Monde, Paris, 17 January 1991

* Le Matin, Rabat, 17 January 1991

* Realites, Tunis, No. 182, 18 January 1991

Mahdi Elmandjra
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