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UN resolution to hand back sovereignty is void!
yapchongyee Updated: 2004-06-14 09:57
The United Nations resolution, approved by 15 members of the Security Council is void and ultra vires of the UN Charter and good ole Saddam is the only legitimate president of Iraq under the occupation of the USA.
It is absolutely scandalous and hilarious that a bunch of world leaders who sit on the UN Security Council do not know that their resolution for the "hand over of sovereignty" to the traitorous "interim government of Iraq" is void because it is ultra vires of the UN Charter. I will reprint an article that I wrote at the time of the illegal invasion by the USA.
Take note that the UN has no legislative powers over member states and UN resolutions are circumscribed by the limits of the UN Charter and that resolution that cannot stand the test of the ultra vires rule are void as this resolution that seeks to legitimize the US occupation of Iraq on a permanent basis is set to do.
The above UN Resolution cannot in any way whatsoever transfer legitimate powers under the present Iraq constitution to the American appointed traitorous interim government. In so doing the UN is complicit and is deemed to be partners with the USA is illegally bringing about 'regime change" While France, Russia and Germany took the moral and correct legal position to vote against the unprovoked illegal invasion of Iraq, they have now by voting for the void resolution become complicit. The effect of their actions is to give the cover of legitimacy to the Interim Government which is a puppet of the Americans. The UN Security Council has no right under the UN Charter to pass such a resolution. All issues of legality in the government of Iraq must be tested by the rule of law of the constitution of the Saddam Hussein era. The USA occupation merely suspends the "prevailing constitution of Iraq;" The occupation by the USA does not in any way void the constitution of Iraq. Only the Iraqi people can replace the prevailing constitution of Iraq, and that has yet to take place.
No matter how the UN Security Council portrays their position and powers to legitimize an unrepresentative and illegitimate "Interim Government" the prevailing law has no place for the Americans to fool the rest of the world.
The invasion was and it is still an illegal invasion by the USA of Iraq; and having said that, the latest UN Resolution will not change a jot the legal status of the Presidency of good ole Saddam. Today, there is still only one legitimate President of Iraq and he is good ole Saddam. America is the occupying authority but it is not the legitimate government of Iraq; only good ole Saddam is the legitimate leader and president of Iraq. Where are the high principles of the United Nations? Where are the brilliant Professors from Havard and Cambridge ? Why is it even possible for the Americans and the British to think they have the powers to mislead the rest of the world.
The United States of Americans has been blowing their own horn that they are the world's champion for democracy and the rule of law; so why are they acting and conducting themselves as a bunch of lawless thugs?" Where is their sense of decency ?
George Bush in the name of America unashamedly announce to the world that the 15 member vote at the UN Security Council was a "victory for the Iraq people", but did he also admit that the UN Resolution was void, being ultra vires of the UN Charter ?" The USA "crows" that their charade to be performed on the 30 of June 2004 is a hand back of sovereignty to the Iraq people; but did he also admit that not one of the members of this phony interim government was a "hand picked" stooge of the Americans ? Most if not all the members of this puppet interim government were returned exiles who have lived long in the USA or Great Britain for more than thirty years. These traitors have not had contact with the Iraqi people for more than these long years and they just get co-opted into this joke of an Iraq interim government and this is by the reckoning for Bush a victory for the Iraq people! This is what we in Asia says is speaking out of both of his mouth.
There is strictly no way out for the Americans if the UN will perform their duty to the world, because whatever that they think they want to do, they are circumscribed by the provisions of the UN Charter. The Americans claim that they are handing limited sovereignty back to the Iraqi people; but here again they think they can fool the people of the world. The word "sovereignty" is derived from the word 'sovereign", meaning the "king", that being the meaning of the word it carries the meaning that no one or body of the land can claim higher authority. Therefore there is no such thing as 'limited sovereignty". Anyway, there can be no legitimate government in any form that is not elected under an accepted constitution. This is the foundation of all so called democracy. There is no exception to this requirement! That being the case the Iraqi constitution that underpinned the election of good ole Saddam is in force and there is nothing that the Americans nor the UN can do to change this position until an accepted Iraqi constitution (in the sense that the Iraqi constitution duly passed by the Iraqi people replaces the Saddam Constitution). There is no such Iraqi constitution as at today, so the constitution of the Saddam era is the one that can give legitimacy and not the UN resolution, no matter how absolute it may be.
The Americans and the Arab peoples must also take note that if an election is to take place under this new Iraqi constitution then good ole Saddam must be allowed to stand contest in this election; and more than that good ole Saddam being the incumbent must be restored to him Presidency and it is good ole Saddam who must call the election as to dates and conditions of the election. Will American and the western powers who are always so very demanding that there be absolute transparency also show respect for the rules of law?
It is very transparent that the West will not and have not observed their own sacred demands. They are liars, thieves and cheats; therefore there is only one way to win freedom from the oppression from the west; and that is to fight them with everything that you can throw at them.
To the people of Iraq, follow the leadership of the great Muqtada al Sadr and wage a holy war against all invaders and the United Nations as well, because the UN is giving "cover" to legitimize the invasion and occupation of Iraq.
| The above content represents the view of the author only. |
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