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GPNZMediaRelease

14 March 2003

Auckland: Greenpeace and the Center for Constitutional Rights in New York called on countries to support a new resolution by all members of the United Nations to uphold the UN Charter and hold an Emergency Session of the General Assembly(1) to avoid an illegal war on Iraq(2).

Anti-war advocates said all 191 members of the UN General Assembly should use UN resolution 377, known as 'Uniting for Peace', to call an emergency session because the Security Council is split on the issue of how to maintain international peace and security.

"It's clear that the United States and United Kingdom will not succeed in ramming through a resolution to go to war. Yet it's also clear that, even without UN backing, those countries intend to wage a reckless war which would make the world a much more dangerous place. It's now up to all the world's countries, not just a few of the powerful, to meet together to avert this march to war." Said, Steve Sawyer, Head of delegation for Greenpeace at the United Nations headquarters in New York.

Greenpeace has written to the Prime Minister, Helen Clark, calling for New Zealand support for this initiative and will be meeting the New Zealand Ambassador to the UN, Don McKay, tomorrow in New York.

If the permanent members of the Security Council cannot agree on measures for the maintenance of international peace and security, the 'Uniting for Peace' resolution enables the General Assembly to consider the matter immediately. The General Assembly can be convened within 24 hours to consider and recommend, measures to UN members. The resolution has been invoked ten times in the past 50 years.(3)

Michael Ratner, President of the Center for Constitutional Rights, stated: "The 'Uniting for Peace' resolution may be the last hope to avert war. If passed, it will put the U.S. and the U.K. on notice that a war without Security Council authorization is utterly illegal and a crime against the peace."

"If it wanted the world to be ruled by the cowboy with the biggest guns, the international community wouldn't have created the UN in the first place," added Sawyer. "The UN, including the General Assembly, was created to preserve the rule of law and promote multilateralism. It's time the UN fully exercises its mandate and unites as a whole to defend its founding principles and stop the impending attack on Iraq, which would be the most horrific example of unilateralism. It must take this last chance for peace," he added.

For further information; Robbie Kelman, in New Zealand, 021 565165; Steve Sawyer, Greenpeace political advisor in New York: +31-6-5350-4715 (m); Michael Ratner, USA, President, Center for Constitutional Rights +1 212 243 3805; + +1 646 872-4326 (m)

Notes:

* Resolution 377 (Uniting for Peace) recognises that the Security Council has primary responsibility for keeping the peace, but notes that a failure of the Security Council to discharge its responsibilities "does not deprive the General Assembly of its rights or relieve it of its responsibilities under the Charter in regard to the maintenance of international peace and security". The operative part of Resolution 377 says:

Resolves that if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to maintain or restore international peace and security. If not in session at the time, the General Assembly may meet in emergency special session within twenty-four hours of the request therefor. Such emergency special session shall be called if requested by the Security Council on the vote of any seven members, or by a majority of the Members of the United Nations;"

The full text of Resolution 377 can be found at http://nowar.greenpeace.org/

(2) A further reason for the UN to meet in emergency session is to consider the position of the USA and Britain, which are all prepared to abandon the fundamental principle of non-aggression under international law and the UN system. Colin Powell told world business leaders at Davos in January that the US continues "to reserve our sovereign right" http://news.bbc.co.uk/go/pr/fr//2/hi/middle_east/2828985.stm to unilaterally attack Iraq if it decides that Iraq is not cooperating with the UN inspectors. Britain has said it is prepared to ignore "unreasonable vetoes" in the Security Council. This means the Security Council will not prevent war in Iraq. Experts on international law from around the world have stated that an invasion of Iraq without the express agreement of the Security Council would be illegal, and that there is no basis in international law for the Security Council to agree to the attack.

The history of the veto:

USSR⁄Russia: 120 vetoes. Only two vetoes since the collapse of the Soviet Union US: 76 vetoes. Blocked 35 resolutions criticising Israel. UK: 32 vetoes, 23 times with the US. All solo UK vetoes on Zimbabwe France: 18 vetoes, 13 with the US and UK China: 5 vetoes For further information see http://news.bbc.co.uk/go/pr/fr//2/hi/middle_east/2828985.stm

(3) The Uniting for Peace resolution has been used ten times since 1950. After Egypt nationalized the Suez Canal in 1956, Britain and France attacked and occupied parts of the canal. Cease-fire resolutions in the Security Council were vetoed by Britain and France. The United States went to the General Assembly calling for a cease-fire and a withdrawal of forces. An emergency session was held under the "Uniting for Peace" resolution, and in the face of strong resolutions from the General Assembly, it took less then a week for Britain and France to withdraw.

Uniting for Peace was again used by the United States to pressure the Soviet Unon to cease its intervention in Hungary in 1956, after the Soviet Union had used its vetoto prevent the passage of an anti-intervention resolution in the Security Council. Again,an emergency session of the General Assembly was held and the Soviet Union was ordeed to stop its intervention in Hungary.

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