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Submitted by Robert Naiman on 8 March 2011 - 5:07pm
Surely no-one has been surprised to see Senator McCain engaged in what Defense Secretary Gates has rightly called "loose talk" about the use of U.S. military force in Libya.
But to see Senator John Kerry, the Democratic head of the Senate Foreign Relations Committee - the man who as a Vietnam veteran joined other anti-war veterans in asking who would be the last American to be asked to die in Vietnam - engage in such "loose talk" - that is a more painful cut.
Of course, this is the same Senator Kerry who voted to authorize the U.S. invasion of Iraq in October 2002, even though such action was never authorized by the UN Security Council, and was therefore a major war crime in international law - the crime of aggression. And this is the same Senator Kerry who, as a presidential candidate in August 2004, stood by his vote for the war.
Here is a basic fact about the world that mainstream U.S. media - and politicians like John Kerry - generally find distasteful to acknowledge. The Charter of the United Nations rules out the use of military force by one UN member state against another except in two cases: self-defense against armed attack, and actions approved by the UN Security Council.
Obviously, Libya has not attacked the United States, and there is no realistic prospect that it will do so.
Therefore, because it is an act of war, in order to be legal under international law, the imposition of a no-fly zone over Libya must be approved by the UN Security Council. There is no way around it.
The United Nations Charter is not an obscure document that can be safely ignored when it is convenient to do so. It is the founding document of the United Nations. It is the Constitution of the world.