THE LEGAL BASIS OF THE OBLIGATIONS AND
LIABILITIES OF UN MEMBERS FOR THEIR
ACTIONS AND INACTIONS WITHIN THE UNO
The basis of the obligations of UN Members States
The obligations of the Members of the UN ensue from the binding force of treaties. This binding force rests on the rule 'pacta sunt servanda'.
The Member States have recognized their obligations in the preamble of the Charter which is in fact an oath taken by them not to frustrate their obligations under the Charter by any action or inaction, inside or outside the UNO Article 22 of UN Charter affirms those obligations, in application of the rule pacta sunt servanda:
"All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter".
The other basis of the obligations of Member States are mentioned in the Charter. The preamble affirms the obligations arising from treaties and other sources of international law. And Article 1.1 requires conformity with the principles of justice and international law.
The sources of international law other than the UN Charter are enumerated in Article 38 of the Statute of the ICJ which, according to Article 92 of the Charter, is an integral part of it. Those sources are treaties establishing expressly recognized rules, international custom as evidence of a general practice accepted as law, general principles of law recognized by civilized nations, judicial decisions, and the teachings of the most highly qualified publicists of the various nations.
According to Article 4.1 of the UN Charter, Member States are those which accept the obligations contained in the Charter, and are able and willing to carry out those obligations.
The obligations of UN Members States regarding the working of the UNO
(a) The one basic obligation which the UN Member States have is to see to it that the United Nations Organization, as the implementation device of the UN Charter, does in fact implement the Charter with due conformity with its provisions and the provisions of the other sources of international law. This basic obligation is one of the major conditions of being party to the treaty of the Charter of the United Nations and a Member of the Organization (Article 4 of the Charter).
On this basic obligation three sets of specific legal obligations ensue:
(b) The seeking and management of complete and factual information on the issues relating to the realization of the purposes and principles of the UN Charter and the implementation of its specific provisions.
(c) The fulfillment of the principles applicable to the preparation for) the decisions of the UN in concrete cases hearing the parties, investigating all the facts, considering all the facts.
(d) The obligation to initiate UN action in concrete cases through proposals to place items on the agenda, and the submission of draft resolutions.
(e) The obligation to use the vote on decisions not as a privilege, but as a function to be performed to implement the UN Charter.
The States Members of the UNO create themselves its resolutions. The voting procedure is intended to have the Member States participate in the decision-making of UN organs. It could riot have been intended to allow the Member States the freedom to abuse the voting procedure and disregard their obligations under the Charter and the other sources of international law including the Genocide Convention. An abuse of a right is the use of a right for a purpose other than that for which that right is granted An abuse is a malicious rise. The right to vote is granted to the Member States to allow tiers participation in the work of the UNO for the realization of its purposes and principles. The membership and the right to vote must not be abused. The general principles of law, which is the major source of modern international law (article 39 of the Statute of the Court) consider the "abuse of right" as a legal wrong and as an illegitimate act. The right to abstention must also not be abused It must be limited to the case provided for under Article 27.3, that is, in case the Member State is a party to a concrete individual dispute between it and another or other States. The aim is to avoid having a Member State acts as party and judge in the same case.
The fact that Member States are not obliged to give a reason for their vote does not mean that they are absolutely free to use the vote against the purposes and principles of the organization That the States are masters of their vote and that one should expect them to care for their individual interests, does not mean the surrendering of their obligations to use the vote for the realization of tile purposes and principles of the UN, in accordance with the functions and powers of its organs as defined in UN Charter and with due regard to the sources of international law defined in Article 38 of the Statute of the ICJ.
The question of abuse of the right to veto, accorded to the Permanent Members of the SC, has been raised in the UNO Many States denounced this abuse. This is an indication that the abuse of the right to vote has been regarded within the UNO as an undesirable act, committed, as Algeria pointed out in the Gen. Ass. (A/10033, p.6), for egoistic purposes and unjust privileges contrary to international peace and security.
The practice of abstention of the permanent Members of the SC as not indicating opposition to the taking of' a certain decision (ICJ ruling in its second Advisory Opinion on Namibia - South West Africa - Case, 1971) raises the question whether abstention must then fall under the legal principle that "silence gives consent".
If abstention is neither considered a disagreement nor air agreement, it then must be considered boycott and deliberate obstruction of the running of the business of the UN and an obstruction of the realization of its Purposes arid Principles. Abstention, except in the case provided for under Article 27 3, is therefore a violation of the obligations of Member States under the Charter.
The preamble of the UN Charter is in fact an oath taken by the Member States which implies their undertaking to use the voting procedure actively and for the realization of the Purposes and Principles of Charter The undertaking of Member States embodied in Article 4 of the Charter also implies such an obligation.
The right to vote, being in its exercise of a decisive effect on the working of the UNO, cannot be excluded front the general principle of law which prohibits the abuse of right. This general principle of law has been reaffirmed by the ICJ on many occasions. The ICJ ruled that the abuse of right "cannot, whatever be the present defects in international organization, find a place in international law" (Corfu Channel Case, Merits, 1949, p. 35).
Member States cannot invoke their private interests as an excuse for their abstention, because they have undertaken to give prevalence to the "common interest" (preamble of the Charter). The vote in international organization is an international act which must fulfill the conditions of its international legality and cannot be left to domestic opportunity. Likewise, Member States cannot invoke their ignorance of the matter as air excuse, because they have to be active Members of the organization, and not just (vote) numbers to be used whenever the interests of some other allied State or States are involved.
Like the measurement of the legality of decisions, actions and inactions, the measurement of the legality of the vote is twofold: the legality of form and the legality of substance. The legality of form is realized when the vote conforms to the Charter provisions related to the right to vote and the quantity of vote necessary to pass a decision. The legality of substance concerns the quality of the vote, that is, its conformity with the Charter and the rest of international law. In order to be legal, the vote must fulfill the two criteria of legality.
We have included this analysis in this work on genocide in Chechenya to educate UN Member States on their obligations related to the working of the UNO And at the same time, to provide legal weapons to the victim countries and peoples to be used in the legal battle as anti-manipulation rockets.
THE DEVIANT POSITION OF UN MEMBERS INSIDE AND
OUTSIDE THE UNITED NATIONS ORGANIZATION
The so-called Russian internal affairs and the inaction of all States outside die UNO
187. Despite all the mentioned circumstances and the madness of the genocide aggression, all states took a watching position as the USA, being the super power, and its European allies announced that the case falls under the internal affairs of the RE Genocide was reduced to a violation of human rights, and Moscow was simply called to change its attitude.
188. In this regard, the USA even expressed its dissatisfaction and frustration that Moscow was
unable to crush Chechenya in few days.
189. No one State lodged an official protest despite the continuing total destruction of Grozny, the capital of Chechenya, and the commission of all kinds of genocide acts, including bombing and burning of civilian’s homes, not even after the continuation of the genocidal devastating aggression to towns and villages other than Grozny.
Reasons for the deviant position of all States
190. The reasons for this deviant position are many:
190.1 The prevalence of genocidal crimes in this era of genocide.
190.2 'The timidity of the States not members of the world genocide-gang to take any course of action, since the relations of those States with the powers are based on the desire to get reward and/or to avoid punishment.
190.3 The ignorance of agents of States not members of the world genocide-gang of the international legal status of Chechenya.
190.4 The keeping of those States occupied with chronic problems.
The inaction of all States inside the UNO
191. The States Members of the UNO did not take any enforcement action to stop the Moscow genocidal aggression against Chechenya. The States Members of the Security Council did not take any decision whatsoever despite the fact that they are under the obligation to take enforcement measures under Chapter VII to stop the genocidal aggression, and to demand that the aggressor resort to peaceful means to solve any dispute between it and the victim country.
Reasons for the deviant position of States Members of the UNO
192. As mentioned in the Preface of this book, the UNO is under the control of the world genocide-gang
193. The other factor which led the States Members of the UNO to take this genocidal inaction is that the victim nation is a Muslim nation, and the genocide of Muslim nations is one of the main targets of the global genocide-plan.
194. In short, the deviant behavior of States Members of the UNO made it a corrupt organization and are covering-up its corruption by the claim that it should be reformed.
195. The reformation of the UNO shall lead to nothing as long as the world genocide-gang is in control of the UNO and almost all other UN Member States are kept silent by reward and/or punishment.
The methodology of the genocide-gang in the United Nations Organization
196. Before defining the obligations of UN Member States in rectifying the deviant behavior of the UNO, a definition of the methods used by the genocide-gang in tile UNO is imperative.
197. The basis of the manipulation of international law is the application of old international law and the introduction of measures capable of promoting genocide.
198. The application of international law is manifested by the application of the law of war, while war and its law are prohibited, and modern international law knows, and must only know, a law of aggression and a law of self-defense Maintaining the law of war is a permission to the powerful to commit aggression and to destroy the army of the weak. The Charter of the UN (Chapter VII) and the general principles of law recognized by civilized nations embody the law of aggression and the law of self-defense.
199. The main measures the genocide-gang take to promote genocide are.
199.1 Ignoring the commission of genocide altogether as is happening in the Chechenyan, Palestine and other cases. The ignoring of the genocidal aggression against Chechenya is manifested by the fact that the UNO sent a UN Observation Mission in Georgia (UNOMIG) to be stationed on the boundaries of Abkhazia and ordered that the Georgian forces withdraw beyond those boundaries, while Abkhazia and Chechenya had the same status under the USSR, that is the status of an ASSR: Abkhazia an ASSR in the union SSR of Georgia, and Chechenya an ASSR in the union SSR of RSFSR Moreover, the UNO also called for the settlement of the political status of Abkhazia. The extreme abuse of the UNO by the genocide-gang is manifested by the fact that the UNO ignores the genocidal aggression against Chechenya while it knows that the CIS (Commonwealth of Independent States, formerly the USSR) has a peace-keeping force imposing a restricted weapons zone between Abkhazia and Georgia. The UNO is also aware that the RF itself is acting as a facilitator to reach a negotiated settlement for the political status of Abkhazia on those bases (see SC resolutions 849, 854, 858, 876, 881, 892, 896, 901, 1)06, 934, 937, 971, 993). Yet the genocide-gang abuses the UNO to the extent of allowing and aiding the continuous genocide aggression against Chechenya.
199.2 The continuous recognition and affirmation of the rights of the victim country, as is happening in the case of Chechenya by talking simply about the respect for human rights, and in the cases of Bosnia-Herzegovina and Croatia by affirming their independence, sovereignty and territorial integrity. This recognition is used as a cosmetic to covet tip UNO genocidal deviance.
199.3 The denial of the genocidal aggression by talking simply of the existence of a "conflict" as is taking place in the cases of Chechenya, Bosnia-Herzegovina, Croatia, Palestine, etc.
199.4 The imposing of an arms embargo on the victim countries, in the presence of a mighty army of the genocidal aggressors. This is alone by the genocide-gang in the cases of Bosnia-Herzegovina and Croatia. This method was carried out in the case of Chechenya by ignoring the independence of Chechenya, and its right in any case to UN intervention to stop the genocide-operation, and by claming that the matter is within the internal affairs of the RF, thus forbidding Chechenya from getting the necessary military assistance in self-defense.
199.5 The rejection of the use of force to end the genocidal aggression and to reverse its outcome, yet sending a UN force with no such mandate and only to carry out of the mission of monitoring, which is nothing else but "spying” on the spot. A deliberate confusion is made between peace-enforcing and peacekeeping, while the UNO is obliged under Chapter VII of UN Charter to carry out both: peace-enforcing to restore peace in case of any breach of the peace or any act of aggression, and peace-keeping as a preventive measure to maintain peace in case of any threat to the peace, such as the UN Force in Macedonia (Article 39 UN Charter).
199.6 The insisting on "peaceful negotiations to reach a solution of the conflict" and imposing negotiation, while the case is a case of a genocidal aggression arid riot of a conflict and the genocidal aggression is continuing. This is contrary to the generally accepted principle of international law which imposes the taking of enforcement measures to end any act of aggression, even if negotiation is being conducted or recommended. Article 8 of the American Treaty on Pacific Settlement "Pact of Bogota", of April 30, 1948 stipulates.
"Neither recourse to pacific means for the solution of controversies, nor the recommendation of' their use, shall, in the case of' air armed attack, be ground for delaying the exercise of the right of individual or collective self-defense, as provided for in the Charter of the United Nations "
Chapter VII of UN Chapter embodies this principle, but the genocide-gang is keen to promote genocide as it did in the cases of Bosnia-Herzegovina and Croatia. It did the same in the case of Chechenya by acting outside the UNO arid asking tile Moscow regime to negotiate with the victim country.
199.7 Camouflage operations such as the taking of UN personnel hostages by the genocidal aggressors and the stealing of heavy weapons from UN barracks.
199.8 The illegal permissiveness arid the illegal delegation of powers to the SG of the UNO in matters which are outside the competence of the SG and/or are empowered to the Security Council by the provisions of UN treaty. In the cases of Bosnia-Herzegovina and Croatia the SG was permitted to advise on action to be taken, and was authorized by the Security Council to coordinate enforcement action, while such matters fall exclusively within the competence of the Security Council and are of such a serious nature that they cannot be further delegated, let alone to one person.
199.9 The introduction of lies by saying, as the SG of the UNO did, that the parties to the so-called conflict have no political will to end their conflict What political will must Chechenya, Bosnia-Herzegovina, Croatia or Palestine have to put art end to the continuous genocidal aggression against them? Such political will which is capable of ending the genocidal aggression cannot be other than agreeing to be subjected to the genocidal aggression.
199.10 The introduction of the "school of illegality" in diplomacy, which is manipulatingly called the "realist school", as a means of accepting actual reality without distinction between illegal and legal facts. The arche-type example of the extreme use of this dangerous school is the case of genocide in Palestine.
Obligations of UN Members States regarding UNO deviant Faction
200. In such a case the States Members of the UN treaty become under four anti-corruption obligations.
200.1 The obligation not to follow the school of illegality in diplomacy, and to instruct and control their diplomats to this effect.
200.2 The obligation not to observe the deviant inaction of the UNO.
200.3 The obligation to assist the victim country, i.e. the Chechen Republic, in its self-defense against the ongoing genocide operation in its sovereign territory As mentioned above, this an obligation of the Parties to the Genocide Convention, and of UN Members.
200.4 The obligation to do all in their ability within the UNO to rectify the deviant action or inaction. In this regard, the States Parties to the Genocide Convention are under the obligation to demand that the General Assembly and the Security Council take all necessary and sufficient measures to suppress, prevent and punish the crime of genocide and all the acts related to it (Articles II and III of the genocide Convention). Moreover, all States Members of the UN treaty are under the obligation to take the same course of action, since genocide is an international crime and is the gravest form of aggression.
THE LIABILITIES OF THE STATES MEMBERS OF
AND THE OTHER OBSTRUCTING STATES
The liabilities of UN Member States regarding the working of the UNO
200a. The UN Member States are liable for their inactions arid actions within the UNO in respect of the above mentioned obligations. These liabilities are civil as well as criminal.
200b. Denying or ignoring the liability of States for their acts within the UNO will lead to an unacceptable outcome. The Member States shall be able to get rid of their obligations under international law, including the Genocide Convention, and even to violate those obligations through acting in the UNO in a way so as to obtain or to obstruct decisions to that end, as happened in this case.
200c. Without the liabilities of Member States, including their rulers and officials, for their actions and inactions, the organs of UNO shall remain subject to abuse by their Members and shall have absolute unchecked powers. A result which is unacceptable under the Charter and modern international law, including the general principles of law, and a number of global treaties including the Genocide Convention. This will lead to an international breakdown of law and order as it is the case at this moment in a member of parts of our planet.
200d. The Member States cannot revoke this liability on basis of their individual interests or the risks involved in the fulfillment of their obligations. The Member States have obligated themselves to act in the "common interest" (preamble of the Charter) and must he considered to have accepted the risks involved in carrying out their obligations according to the Charter and the other treaties in force, including the Genocide Convention.
200e. The Member States, including their rulers and officials are liable for the actions and inactions of the main organs of the UNO and for the outcome thereof.
200f. These obligations and liabilities shall be elaborated here below in dealing with the obligations and liabilities of Members of the Security Council.
The obligations and liabilities of Members of the Security Council
200g. The SC does not exist and cannot operate without its Members. It is the Members of the SC that give it life and action. They transform it from a print on paper to reality. It is the Members who act as composing together a SC. The Members of the SC are therefore responsible for its actions. They are obliged to see to it that the decisions taken by them as a SC are in conformity with the Charter, the general principles of law, and the applicable treaties or conventions in question. They are liable for the violations thereof. Of course, the Member States, including their rulers and officials, who are liable are those whose actions or inactions within the SC are the cause of the illegal action and/or the illegal inaction of the SC.
200h. In this request in 1948 for an advisory opinion oil voting for the admission of new Members tinder Article 4.1 of UN Charter, the Gen. Ass. affirmed the obligation of Member States of the Security Council, not of the Security Council as an organ, not to violate the Charter. The request of the advisory opinion came as a reaction to the use of a negative vote by the former USSR regarding the admission of new Members, which led to a negative vote by UK, USA and Australia against the admission of other new Members. The request for the Advisory Opinion and the ICJ used the legal formulation. A Member of the UN is called upon to pronounce itself by its vote. This leaves no door open to confuse the distinction between three components the States Parties to the UN Charter, the UN Charter itself as a treaty and the UN organization as a device to implement the treaty. It also leaves no door open to ignore the obligations and liabilities of States for their actions and inactions inside the UN organization and the fact that the vote is the decisive device whereby the Member States pronounce themselves in implementing the Charter.
200i. The liability of the members of the SC concords also with the liability of Members of the organs of Governmental or private organizations in domestic law. Such liability is both civil and criminal.
200j. One cannot but conclude that the States responsible for the illegal inactions of the SC are accomplices to the genocide-operation in the Chechen Republic (Article 3.e of the Genocide Convention). Their complicity is evidenced by the causal relationship between those illegal inactions, on the one hand, and the extensity, intensity and continuation of the genocide-operation in the Chechen Republic, on the other hand.
200k. In the case of Bosnia-Herzegovina, and in the SC meeting of 29 June 1993, in which the lifting of the arms embargo was refused, Jordan stated that those Governments have deviated and adopted a standard, "despite the fact that it is clearly incompatible with the basic responsibilities of the United Nations and the Security Council in particular" (S/PV.3247, p.43).
200l. I call the States which violate their obligations under UN Charter by deviant actions or deviant inactions, outside or inside the UNO, "obstructing States". The legal qualification of the position of the obstructing Member States is twofold:
200l.1 By violating the Charter, they committed crimes against international law. A crime against international law is defined as:
“an act committed with intent to violate a fundamental interest protected by international law or with knowledge that the act will probably violate such an interest...”(8).
The interest involved is the survival and security of the Chechen Republic and its people.
Recognizing the seriousness of crimes against international law and in order to combat those crimes, international criminal law applies the "ex post facto" principle. The Nuremberg Tribunal supported the application of this principle by international law by stating. "This law is not static, but by continual adaptation follows the needs of a changing world". Our world needs serious compliance with international law 'fire interests that are at stake are the common interests of mankind. If the violation of international law is not considered a crime, States will sacrifice the common interests of mankind for their own interests, even by the use of genocidal aggression, and mankind will have to start again international criminal conspiracies, armed aggressions, genocide-operation, etc.
200l.2 By obstructing the suppression and prevention of the genocide-operation against the Chechen Republic and its people, the obstructing States are accomplices in that crime, in differing degrees.
THE PUNISHMENT OF THE CRIME OF GENOCIDE
AGAINST THE CHECHENYAN PEOPLE
The genocide era and the punishment of genocide
201. A number of most serious issues have to be born in mind:
201.1 The crimes of genocide committed by Stalin and his genocide-gang, and by Truman and his genocide-gang who dropped the atom bombs on Heroshima and Nagasaki, remain unpunished, while the other genocide and war criminals of the Second World War were punished. Twenty-four Nazi leaders were indicted twelve were sentenced to hang, seven to prison terms from 10 years to life, and three were found not guilty. This was the judgment of the Nuremberg Tribunal Besides, a great number of trials were held in various countries in Europe and the Far East As the United Nations War Crimes Commission reported on November 16, 1946: 2458 were tried, 797 were sentenced to death, 1189 imprisoned, and 472 acquitted.
201.2 Since war is prohibited by modern international law, we consider that aggression constitutes the crime of genocide. This crime was committed after Second World War in various parts of the world, the archetype cases are South Africa, Palestine, Vietnam and Lebanon. The contemporary cases of genocide include Palestine, Cashmere, Croatia, Bosnia-Herzegovina, Azerbaijan, Rwanda, and Chechenya.
201.3 The UNO established criminal tribunals only for the two recent cases of the former Yugoslavia and Rwanda. All other cases of genocide are ignored, even those cases which are still continuing Palestine, Azerbaijan and Chechenya.
The non-application of law destroys its legitimate foundation It makes the trials held for some criminals an act of retaliation between criminals, not the rule of law.
201.4 Mankind still awaits to see if its history will ever take note of the supremacy of the rule of law and the punishment of the genocide criminals in this era of genocide which is at the same time so-called the era of the United Nations.
201.5 Now that we deal in this chapter with the punishment of the genocide crimes committed against the Chechenyan people, the punishment of those responsible for those crimes should take place if the rule of law, and not of criminals and madness, is to prevail. Trials should be held for the Stalin as well as the Yeltsin genocide-gangs and the genocide-gang of the States obstructing the implementation of international law, inside and outside the UNO.
In what follows, the scope of the punishable acts and the other provisions related to the punishment of the genocide crime shall be deal with.
The scope of the punishable acts
201a. Not only genocide as defined in Article II of the Genocide Convention is punishable, but also all other acts leading to it or connected with it as stipulated in Article III of the Convention.
"The following acts shall be punishable:
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempts to commit genocide;
(c) Complicity in genocide".
No immunity in punishing genocide
202. Due to the utmost gravity of the crime of genocide, the genocide Convention does not provide any kind of immunity to the persons committing it or responsible for its commission as is indicated by the following provisions of the Convention:
Article IV: Persons committing genocide or any of the other acts enumerated in article 111 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article VII: Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
No discretion or pardon in genocide
203. Again, due to the utmost gravity of the crime of genocide, the Convention does not provide room for not-filing a genocide case or for pardon. Article I of the Convention stipulates:
Article I: “The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish”.
The impressiveness of effective penalties in genocide
204. Article V of the Convention provides:
"The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in Article Ill".
The persons responsible for genocide in Chechenya and the obligation of all States
205. The obligation of the States Parties of the Genocide Convention and of the States members of the UN to field trials for those persons responsible for the genocide crimes against Chechenya is admitted by those States. They have acted accordingly by setting up the UN criminal tribunals for former Yugoslavia and for Rwanda.
206. It is their obligation to set up an international criminal tribunal for genocide in Chechenya, otherwise Chechenya itself will have to hold such trials.
SPECIAL OBLIGATIONS OF
MUSLIM STATES AND PEOPLES
207. It is clear that the intensification of genocide in our days is directed against Muslim nations. The concept of the Middle East was introduced and is being promoted, even by the financial support of leading Muslim States, as air intermediary stage which is planned to precede the open and formal declaration of the "Middle East United States".
208. For these reasons of survival, the Muslim States should come together and assist any victim Muslim country against the genocidal aggression to which it is subjected.
209. The global genocide operation against Muslim nations provides the ground for the special obligations of Muslim States and Muslim peoples.
Financial, military and humanitarian assistance
210. The financial and military kinds of assistance should be effective. The assistance given in
this regard should be capable of counteracting the aggression and its effects.
211. The effective financial and military assistance are the prerequisites of humanitarian assistance, because in their absence, the humanitarian assistance becomes ineffective. The media of the genocide-gang sarcastically said: "They give them sandwiches in the morning to be killed at noun".
The urgency of the legal battle and the legal relief
212. The legal battle and the legal relief are as important in facing the aggression as the military battle. The genocide-gang itself manipulates international law and corrupts international organization because it knows well the importance of the legal battle. In other words, the genocide-gang commits aggression by two means the abuse of military power and the manipulation of modern international law.
213. For these reasons, entering the legal battle by unmasking the manipulation of modern international law and by demanding its implementation, is providing legal relief, which is as indispensable as military and humanitarian relief.
214. The entering of the legal battle shall at least have four immediate effects.
214.1 It shall make the genocide-gang aware that its identity and crimes are disclosed.
214.2 It shall refute the genocide-gang's assumption that non-genocide-gang members are fools or timid.
214.3 It shall produce a psychological effect on the genocide-gang, capable of checking its aggression.
214.4 It shall raise the morale of the victim nations and of its armed people acting in self-defense.
On the level of governments of Muslim States
215. The governments of Muslim States are under the following special obligation:
215.1 The obligation to provide effective financial, military and humanitarian assistance to the victim countries.
215.2 The obligation to enter the legal battle in the UNO, by continuously submitting draft re-solutions pronouncing modern international law and demanding all States to assist by all means in putting an end to genocide.
215.3 The obligation to cooperate with the Muslim people's actions against genocide operations.
On the level of Muslim nations
216. The failure of the Muslim States to take the above urgent measures is due to the fact that they are under the pressure, by reward and/or punishment, of the genocide-gang. They have no free will and the statehood of the Muslim nations has been thereby obstructed, internally as well as internationally.
217. The Muslim nations face therefore a historical urgent task to ensure their survival. This task cart only be achieved if the following obligations are fulfilled.
217.1 The obligation to organize themselves in an assembly in order to ascertain their unity, to observe closely the conspiracies against their security, and to decide on the measures to be taken to safeguard their survival.
217.2 The obligation to form a Standing Committee of Arab and Muslim Unity. The task of this Committee shall be: (a) to urge the Governments of Arab and Muslim States to materialize their unity, (b) to follow-up their reactions in this regard, and (c) to issue Declarations on those reactions.
217.3 The obligation to set up and coordinate special institutions for financial, military, humanitarian, and legal relief for all victim arid would be victim Muslim nations.
217.4 The obligation to form an international network of all Arab and Muslim activists, and to establish tile necessary machinery for the coordination of their activities. In this regard, the virus of under estimation should be eliminated, and replaced by the vitamin of encouraging, appreciation and cooperation
The necessary speed
2 18. The speed of action is a factor of success or failure The genocide-gang is working at a very high speed. If the Muslim States and the Muslim nations are to defend themselves against the global genocide plan, they have to work at a greater speed.
219. The speed of self-defense measures should be institutionalized by creating standing bodies and procedures to guarantee action, follow-up and assessment on certain defined time-limits for the general call for unity and for the treatment of individual cases of Muslim nations.
220. The absence of the necessary speed, the institutionalization of its procedures and the carrying out thereof functionally, shall render all efforts uneffective and rather helpful to the genocide-gang.
OBLIGATIONS OF THE
PEOPLE AND REPUBLIC OF CHECHENYA
221. The victim is not free front obligation. The victim is obliged to do all it can to defend itself against aggression, not only physical aggression, but also aggression by manipulating the law. The people and the Republic of Chechenya are thus under the following main obligations.
221.1 The people and the independent Republic of Chechenya have the right and are under the obligation to defend themselves.
221.2 They are also under the obligation to seek highly specialized, honest and courageous legal professional assistance to present and defend their rights before all States, international organizations, international non-governmental organizations and the media.
221.3 They have to notify all States of their obligations and liabilities It is hopes that this book shall be helpful in this regard
221.4 They have to urge UN Members to comply with their obligations within the UNO.
221.5 They have to request UNO to immediately take any and all necessary and sufficient measures to put an end to the ongoing-genocide.
221.6 They have to seek one or more State Member of the UN and Party to the Genocide Convention to institute proceedings before the International Court of Justice against States Members of the UN and Parties to the Convention for their failure to suppress and prevent the ongoing genocidal aggression.
The jurisdiction of the ICJ is established by the provision of Article IX of the Genocide Convention, arid by the fact that a number of UN Members have declared their acceptance of the Court's jurisdiction in accordance with Article 36.2 of the Statute of the ICJ.
221.7 They have to convene trials, even in absentia, for all the genocide criminals, starting from Stalin and his genocide-gang. Article VI of the Genocide Convention states:
"Persons charged with genocide or any of the other acts enumerated in Article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction”.
(emphases are added)
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