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No rights no peace
28-Nov-2007
One can not argue with Ms. Ebadi’s statement [1] that nuclear energy is the absolute right of every nation and that all nations including Iran and the US must uphold and respect international laws. But her declaration that “the United States cannot have the right to deal with Iran outside the framework of international law” and insistence that Iran must abandon its rights under an international treaty to enrich uranium exposes her naïve unawareness of the very facts leading to Iran’s referral to the UN Security Council which was scrupulously executed by the United States through coercion and intimidation [2] outside that very framework of international law.
Latest statement by the International Atomic Energy Agency (IAEA) [3] confirms that all previously undisclosed Iranian nuclear activities and material have been accounted for and none were diverted to a nuclear weapons program meaning that Iran was in full compliance with its safeguards agreement which was the sole legal basis for persuading the IAEA Board of Governors to refer its case to the United Nations Security Council. IAEA statutes only permit a referral to the UNSC when there has been a diversion of fissile material for non-peaceful use.
Thus one could make a convincing case that absence of such violations of Article 19 of safeguards agreement would render the UNSC Resolution 1696 calling for a halt to uranium enrichment activity non-binding and would return Iran’s case to IAEA and Article IV of the Non-Proliferation Treaty (NPT) [4] which recognizes the "inalienable right" of every signatory state to have access to nuclear technology "to the fullest possible extent " and "without discrimination".
But a far more important fact often overlooked is that Iran or any other nation's right to nuclear technology does not originate from the NPT. It is a sovereign right already possessed by all nations regardless of their signatory status to this treaty. The NPT only recognizes these pre-existing rights which come from another fundamental principle of state sovereignty known as “jus cogens” [5], Latin for “compelling law” or "higher law" which can not be violated by any country.
Some of these principles are listed in the United Nations Charter under "Purposes and Principles” [6] Section -- Respect for equal rights and self-determination; sovereign equality of States; fulfilment in good faith of international obligations; settlement of international disputes by peaceful means; and prohibition of the threat or use of force against other States in any manner inconsistent with the purposes of the United Nations. UNSC resolutions seeking to deprive Iran of her "inalienable right" to technological progress based on non-existing violations of Article 19 safeguards agreement are contrary to these basic fundamental principles of international law.
The IAEA has repeatedly confirmed that there has been no such diversion and that all declared fissile material in Iran has been accounted for. Thus referral of Iran's file to the UNSC as a result of pressure on the IAEA Board members and coercion of India in the form of nuclear cooperation was in clear violation of the NPT and international law.
Benjamin Franklin has been quoted as saying “those who would give up liberty to purchase temporary safety deserve neither liberty nor safety. Ms. Ebadi’s insistence that Iran surrender all its sovereign rights to achieve peace with a handful of bullying western nations would do little to preserve peace and only serves to deprive Iran of its inalienable rights under international law.
NIOTES
[1] Radio Free Europe: Iran: Nobel Laureate Ebadi Founds Peace Movement
[2] The Hindu: India's anti-Iran votes were coerced, says former U.S. official
[3] CASMII: Full Text: Latest IAEA Report on Iran
[4] FAS: TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS
[5] Wikipedia: Peremptory norm
[6] UN: United Nations Charter
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America must attack the Islamic Republic with all
by An Iran-Iraq War Weteran (not verified) on Wed Nov 28, 2007 04:57 PM PSTits power. The civilized world lead by America is at a crossroad where if it doesn't take actions against a nation of barbaric terrorist, it may regret it for many centuries to come.
Bomb Bomb Bomb Islamic Republic.
Thanks for your informative Article
by Ahmad Bahai (not verified) on Wed Nov 28, 2007 04:43 PM PSTThanks Daniel.
Also, please ignore the Israeli agents and members if "$75M Club". They are like roaches. They have no logic or intelligent argument, but they spew out to feel good.
Regards,
A/B/
To Moshe
by Take this and shove it up your ass (not verified) on Wed Nov 28, 2007 01:54 PM PSTThe outlaw state of Isreal must be eliminated. No nukes for a terrorist nation. No nukes for a barbaric Jewish nation.
Moshe: you mean "wiped off the map" ?
by Q on Wed Nov 28, 2007 01:47 PM PSTwhy does that sound familiar? As does your name.
The outlaw regime of the Islamic Republic of Iran
by Moshe Feinstein (not verified) on Wed Nov 28, 2007 01:33 PM PSTmust be eliminated. No nukes for a terrorist nation. No nukes for a barbaric Muslim nation.
Isn't US supposed to dismantle it's own arsenal?
by Q on Wed Nov 28, 2007 01:05 PM PSTWhere does the US get off claiming Iran is non-compliant?
I also agree with you
by farokh2000 on Wed Nov 28, 2007 11:09 AM PSTGood piece Daniel.
I am not a supporter of the current Mullahs Islamic regim in Iran 1%. In fact I hate them more than most people, but Iran as a Nation has the right to advance and the main goal of the U.S. and Britain is to get permission to dominate the Country, no matter what.
Even if they give up their Nuclear Research, the Super powers will come back with other demands. Just remember Iraq. Sadam was no threat to anyone but his own people. He was a bastard but the creation of U.S.. All the UN reports said he had no WMD. Did that stop them from pursuing their Invasion of that Country?. No, the goal was to invade and take over for a lot of reasons, Oil, AIPAC, etc.
If that is the plan for Iran, nothing would stop them, even if they give up all their rights to anything. What they don't realize, and that is their stupidity, is the fact that Iran is not Iraq and this will blow in their faces and Will start a WW III.
The "Folly" of "International" Law
by Shaer on Wed Nov 28, 2007 10:58 AM PSTThe "Weak" Sayeth To The "Strong" ..
My Brother,
Where "Is" My "Right"? ..
The "Strong" Ever "Subjugating" ..
With "Contempt" In "His" Eyes ..
"Self-Assured" That He Can Do "No" Wrong ..
"Condescending" To The "Max" ..
"Belittling" Every" Which Way He Can ..
"Refuses" ..
To "Even" Grant "Us" ..
The "Crumbs" ..
My "Brethren" ..
"International" Law ..
Is "Like" The "Web" Of A "Spider" ..
"Ever Ready" To "Catch" The "Weak" ..
But "No Effect" On The "Strong" ..
"Never" Ever "Forget That " ..
What about
by Wonderer (not verified) on Wed Nov 28, 2007 10:47 AM PSTI thought you folks at CASMII claimed to be exclusively an anti war and sanction “grass root organization” against the Islamic Republic. Since when has defense of and lobbying for the Islamic Republic’s nuclear policy has been added to your charter. And isn’t the Islamic Republic in clear violation of a direct UN order (international law) to cease and disease their illegal nuclear activity? And what about the Iranian nation’s inalienable right to life, liberty and pursuit of happiness, are you claiming they have em all and only lacking the right to a nuclear big bang?
It's a matter of what can be done
by Mehdi on Wed Nov 28, 2007 10:36 AM PSTJust like Ms. Ebadi says, we have other rights, such as the right to security. We should not be so idealistic as to forget what we are capable of accomplishing. Giving up enrichment at this point, at least temporarily for a few years, despite the fact that it is our right seems like a good thing to me.
I agree with you 100%!
by N (not verified) on Wed Nov 28, 2007 10:10 AM PSTDaniel,You raised an excellent point. Thanks for the article.
!00% or nothing
by Fred (not verified) on Wed Nov 28, 2007 10:04 AM PSTCASMII Danny does not like anyone who does not support his favorite Islamist regime 100%, even a consummate insider like Ebadi.