RESOLUTION
WHEREAS the UN General Assembly in Resolution A/RES/39/159
“Demands that all States take no actions aimed at military intervention and occupation, forcible change in or undermining of the socio-political system of States, destabilization and overthrow of their Governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress”

WHEREAS unilateral, preemptive military action by the United States without a legally valid United Nations Security Council resolution would violate Articles 2 and 51 of the United Nations Charter and international customary law;

WHEREAS such action would thus constitute “the supreme international crime” according to the principles laid down by the Nuremberg Tribunal;

WHEREAS the Security Council is bound to act in accordance with the Purposes and Principles of the UN Charter to maintain international peace and can authorize the use of limited force only when:
o     there exists a proven threat to international peace and security, and;
o     all peaceful means have failed to contain the identified threat, and;
o     use of force is necessary, proportionate to the threat and is in the common interest.

WHEREAS Canada’s National Defence Act, R.S. 1985, C. N-5 stipulates that Canada may engage in military action in the event that Canada or a NATO ally is attacked or pursuant to an action taken under the UN Charter;

WHEREAS a further war in Iraq would result in extensive death, injury and suffering to the Iraqi people.

WHEREAS the United Nations declared this decade, 2000-2010 as the “International Decade for a Culture of Peace and Non-Violence for the Children of the World” (UN Declaration 53/25, November 10, 1998), urging all people and all levels of government to seek non-violent approaches to conflict resolution and wider education about international law and alternatives to war;

WHEREAS many cities in North America have passed resolutions expressing opposition to use of military force to compel a “regime change” in Iraq, including Washington, D.C., Seattle, Washington, Albuquerque, New Mexico, Santa Cruz, California, Ithaca, New York, Santa Fe, New Mexico, New Haven, Connecticut, Oakland, California, Ann Arbor, Michigan and others;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of Vancouver, B.C. Canada:

1. 1. Hereby express our opposition to a threatened United States’ pre-emptive military action against Iraq that is not explicitly authorized by a legally valid United Nations Security Council resolution;

2. 2. Hereby urge the Federal Government of Canada to take all diplomatic measures to urge the United States adhere to the requirements of the UN Charter and to work with and through the United Nations to obtain peaceful compliance by Iraq with United Nations Security Council Resolution #1441 concerning the disarmament of Iraq of nuclear, chemical and biological weapons;

3. 3. Hereby call on all governments, especially the Government of Canada, to: ?     comply with the United Nations Charter, and;
?     reject a military approach to solving conflicts between states, and;
?     seek to eliminate the root causes of conflict and find solutions by peaceful means for the common good of all.

BE IT FURTHER RESOLVED that the City of Vancouver is opposed to Canada’s involvement in any military action against Iraq unless the military action is authorized by a legally valid resolution of the United Nations Security Council and by Canadian laws.

Redraft from   Lawyers against the War, posted January 24, 2003

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Previous draft:

RESOLUTION

 

WHEREAS the UN General Assembly in Resolution A/RES/39/159
“Demands that all States take no actions aimed at military intervention and occupation, forcible change in or undermining of the socio-political system of States, destabilization and overthrow of their Governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress”

WHEREAS unilateral, preemptive military action by the United States without a legally valid United Nations Security Council resolution would violate Articles 2 and 51 of the United Nations Charter and international customary law;

WHEREAS such action would thus constitute “the supreme international crime” according to the principles laid down by the Nuremberg Tribunal;

WHEREAS the Security Council is bound to act in accordance with the Purposes and Principles of the UN Charter to maintain international peace and can authorize the use of limited force only when:

o       there exists a proven threat to international peace and security, and;

o       all peaceful means have failed to contain the identified threat, and;

o       use of force is necessary, proportionate to the threat and is in the common interest.

WHEREAS Canada’s National Defence Act R.S. 1985, C. N-5 stipulates that Canada may engage in military action only in the event that Canada or a NATO ally is attacked or pursuant to an action taken under the UN Charter;

WHEREAS the United States has been the primary force behind twelve years of non-military sanctions against Iraq that have, according to UNICEF and other international relief agencies, resulted in the deaths of hundreds of thousands of children due to inadequate food, water and medicine;

WHEREAS past military conflict in the region, including the use of depleted uranium, has resulted in widespread environmental destruction, widespread damage to the civilian infrastructure and widespread death and injury to Iraqi civilians and indeterminate negative impacts such as the Gulf War Syndrome;

WHEREAS a further war in Iraq could result in extensive death, injury and suffering to the Iraqi people, with estimates of up to 500,000 potential civilian casualties and hundreds of thousands of refugees displaced by the scourge of war;

WHEREAS the United Nations declared this decade, 2000-2010 as the “International Decade for a Culture of Peace and Non-Violence for the Children of the World” (UN Declaration 53/25, November 10, 1998), urging all people and all levels of government to seek non-violent approaches to conflict resolution and wider education about international law and alternatives to war;

WHEREAS many cities in North America have passed resolutions expressing opposition to use of military force to compel a “regime change” in Iraq, including Washington, D.C., Seattle, Washington, Albuquerque, New Mexico, Santa Cruz, California, Ithaca, New York, Santa Fe, New Mexico, New Haven, Connecticut, Oakland, California, Ann Arbor, Michigan and others;

WHEREAS the enormous expense of military operations against Iraq will inevitably result in reduced tax revenue being available for the lower levels of government including the City of Vancouver;

 

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of Vancouver, B.C. Canada:

1. 1. Hereby express our opposition to a threatened United States’ pre-emptive military action against Iraq that is not explicitly authorized by a legally valid United Nations Security Council resolution;

2. 2. Hereby urge the Federal Government of Canada to take all diplomatic measures to urge the United States adhere to the requirements of the UN Charter and to work with and through the United Nations to obtain peaceful compliance by Iraq with United Nations Security Council Resolution #1441 concerning the disarmament of Iraq of nuclear, chemical and biological weapons;

3. 3. Hereby call on all governments, especially the Government of Canada, to:

.       comply with the United Nations Charter, and;

·       reject a military approach to solving conflicts between states, and;

·       seek to eliminate the root causes of conflict and find solutions by peaceful means for the common good of all.

BE IT FURTHER RESOLVED that the City of Vancouver is opposed to Canada’s involvement in any military action against Iraq unless the military action is authorized by a legally valid resolution of the United Nations Security Council and by Canadian laws.

BE IT FURTHER RESOLVED that copies of this resolution be sent to the Prime Minister of Canada, the President of the United States, the Premier of British Columbia, the Union of B.C. Municipalities, and upon request, to any municipal or city government that seeks a copy.

 

Draft Resolution for Municipal governments opposed to war on Iraq.
Please modify for your country and send to municipal councils

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Posted with permission of   Lawyers against the War
Gerald and Maas Night's Lantern
Jan. 20, 2003

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