Pointing to the latest statement during the visit to Sri Lanka by British Foreign Minister, David Miliband that ""[t]his is a civil war that does have regional and wider ramifications...," Professor Francis Boyle, professor of International Law at the University of Illinois College of Law, said that Miliband's statement obligates Britain, as a Permanent Member of the Security Council, under U.N. Charter Article 35(1) to bring this "civil war" and genocide in Sri Lanka "to the attention of the Security Council" for the purpose of obtaining remedial action under Chapters VI and/or VII of the Charter."
During a BBC interview when asked whether it is time for a UN Security Council resolution as Sri Lanka is paying no attention to international opinion, Miliband responded: "Well this is the first delegation that’s been allowed in, media are not being allowed in to the north east of the country which only adds to the concern.
"I think that we were right; Britain, France, the US, to raise this issue at the United Nations last Friday this does belong on the United Nations Security Council agenda. This is a civil war that does have regional and wider ramifications and, obviously, a massive civilian emergency as well."
Professor Boyle says, "[u]nder Article 24 of the United Nations Charter, the United Nations Security Council has "primary responsibility for the maintenance of international peace and security.
"According to U.N. Charter Chapter VII, Article 39: "The Security Council shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security."
Prof Boyle adds, according to this latest statement by British Foreign Minister David Miliband: "This is a civil war that does have regional and wider ramifications...."
In other words, the GOSL "civil war" and genocide against the Tamils constitutes a "threat to the peace" for which the Security Council has "primary responsibility" to rectify.
"Therefore it can no longer be argued by other Security Council Member States such as China and Russia that this is an "internal matter" or a "domestic concern" for which the Security Council does not have jurisdiction to act.
Indeed, in light of this recent statement by their Foreign Minister Miliband, Britain--as a Permanent Member of the Security Council-- has an obligation under U.N. Charter Article 35(1) to bring this "civil war" and genocide in Sri Lanka "to the attention of the Security Council" for the purpose of obtaining such remedial action under Chapters VI and/or VII of the Charter," Boyle said in a note to TamilNet.
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British Foreign Secretary, David Miliband
"I think that we were right; Britain, France, the US, to raise this issue at the United Nations last Friday this does belong on the United Nations Security Council agenda. This is a civil war that does have regional and wider ramifications and, obviously, a massive civilian emergency as well."
"According to U.N. Charter Chapter VII, Article 39: "The Security Council shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security."
Prof Boyle adds, according to this latest statement by British Foreign Minister David Miliband: "This is a civil war that does have regional and wider ramifications...."
In other words, the GOSL "civil war" and genocide against the Tamils constitutes a "threat to the peace" for which the Security Council has "primary responsibility" to rectify.
"Therefore it can no longer be argued by other Security Council Member States such as China and Russia that this is an "internal matter" or a "domestic concern" for which the Security Council does not have jurisdiction to act.
Indeed, in light of this recent statement by their Foreign Minister Miliband, Britain--as a Permanent Member of the Security Council-- has an obligation under U.N. Charter Article 35(1) to bring this "civil war" and genocide in Sri Lanka "to the attention of the Security Council" for the purpose of obtaining such remedial action under Chapters VI and/or VII of the Charter," Boyle said in a note to TamilNet.
External Links:
| UK: | BBC Interview: David Miliband speaking from Sri Lanka | |
| MSN: | Britain, France fail to secure Sri Lanka truce | |
| Times: | Victory without humanity can be no triumph |