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THE ILLEGALITY OF NATO


THE ILLEGALITY OF NATO
, By John Scales Avery, Popular Resistance.6 Feb 22, Recent threats of war over Ukraine.

Russia understandably fears the eastward expansion of NATO. Recently NATO countries, led by the United States, have supplied arms to  Ukraine. There is a threat that the tensions building up in the region will lead to war. Such a development would be catastrophic for the entire world. Against this backdrop, let us examine the question of NATO’s illegality.

Violation of the UN Charter and the Nuremberg Principles

In recent years, participation in NATO has made European countries accomplices in US efforts to achieve global hegemony by means of military force, in violation of international law, and especially in violation of the UN Charter, the Nuremberg Principles.

Former UN Assistant Secretary General Hans Christof von Sponeck used the following words to express his opinion that NATO now violates the UN Charter and international law: “In the 1949 North Atlantic Treaty, the Charter of the United Nations was declared to be NATO’s legally binding framework. However, the United-Nations monopoly of the use of force, especially as specified in Article 51 of the Charter, was no longer accepted according to the 1999 NATO doctrine. NATO’s territorial scope, until then limited to the Euro-Atlantic region, was expanded by its members to include the whole world”

Article 2 of the UN Charter requires that “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.” This requirement is somewhat qualified by Article 51, which says that “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense 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.”

Thus, in general, war is illegal under the UN Charter. Self-defense against an armed attack is permitted, but only for a limited time, until the Security Council has had time to act. The United Nations Charter does not permit the threat or use of force in preemptive wars, or to produce regime changes, or for so-called “democratization”, or for the domination of regions that are rich in oil. NATO must not be a party to the threat or use of force for such illegal purposes.

In 1946, the United Nations General Assembly unanimously affirmed “the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal”. The General Assembly also established an International Law Commission to formalize the Nuremberg Principles. The result was a list that included Principles VI and VII, which are particularly important in the context of the illegality of NATO:

Principle VI: The crimes hereinafter set out are punishable as crimes under international law:

a) Crimes against peace: (I) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for accomplishment of any of the acts mentioned under (I).

b) War crimes:……………….

Violation of the Nuclear Nonproliferation Treaty

At present, NATO’s nuclear weapons policies violate both the spirit and the text of the Nuclear Nonproliferation Treaty in several respects:…………………………………..  https://popularresistance.org/the-illegality-of-nato/

February 7, 2022 - Posted by | EUROPE, Legal

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