Re: spam the child molester matt parker off the web
From J. A. Mc. <jaS...@gbr.online.com>
· alt.ascii-art
· 11 Dec 2004 19:29 · View full thread
· report
this test as a basic principle of the post-World War II international legal order: "It must be remembered that preventive action in foreign territory is justified only in case of 'an instant and over-whelming necessity for self-defense, leaving no choice of means, and no moment of deliberation' (The Caroline Case)." Moreover, in order to further justify their preventive war against Norway, the Nazi defendants argued that in accordance with reservations on self-defense made at the time of the conclusion of the Kellogg-Briand Peace Pact of 1928, Germany alone could decide whether preventive action was a necessity, and also that in making such a decision, Germany's judgment was conclusive. In rejecting this Nazi self-judging argument on self-defense, the Nuremberg Tribunal emphatically ruled: "But whether action taken under the claim of self-defense was in fact aggressive or defensive must ultimately be subject to investigation and adjudication if international law is ever to be enforced." Today the basic test for self-defense recognized by the international legal order is set forth in article 51 of the United Nations Charter: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." Contrary to conventional wisdom and widespread propaganda, it was the Bush Jr. administration and the Tony Blair government which perpetrated an "armed attack" against Iraq and thus triggered Iraq's "inher
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