Curtis F.J. Doebbler11 maart 2008 – 14:45

Let us support the people of Iraq

The fifth anniversary of the occupation of Iraq is also an anniversary of resistance by an National Liberation Movement of indigenous Iraqis against a foreign and oppressive occupation and its collaborators.

Brave Iraqis who are fighting with all necessary means to dislodge the United States, its allies and its collaborators from their occupation of Iraq are members of a National Liberation Movement. They may be referred to in English, although they have adopted no formal name, as the 'Iraqi Liberation Movement' or ILM.

The ILM consists of all Iraqis who are struggling by peaceful or violent means to remove the occupying powers from the territory of the sovereign state of Iraq. The ILM is entitled to use all necessary means to end the occupation. It is so entitled because it represents the legitimate authority and will of the people of Iraq.

The recognition of national liberation movements is not new. National liberation movements are recognized as the consequence of the right of self-determination. This right is guaranteed in the very first common article of both the International Covenant of Civil and Political Rights as well as the International Covenant of Economic, Social and Cultural Rights; two of the most widely ratified human rights instruments in the world.

The UN Charter also refers to the right to self-determination in its first article. Article 73 of the Charter then defines self-determination as "self-government" taking "due account of the political aspirations of the peoples" and assisting "them in the progressive development of the of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of development." Although this was intended to apply primarily to peoples under colonialism, it must be read in conjunction with article 2, paragraph 4 of the Charter, which protects people from the illegal use of force.

The expression of self-determination in the context of colonialism was also expressed in United Nations General Assembly (UNGA) resolution 15141––the Declaration on Granting Independence to Colonial Countries and Peoples––as well as resolution 1541(XV) adopted a few days later. These resolutions recognised the right of self-determination as a right of peoples who are subject to colonial rule to decide on their own form of government. A slightly more general recognition can be found in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.2 As this latter document indicates it is also part of customary international law, something confirmed by the UN Resolution 2625 adopted by consensus on 24 October 1970.

A National Liberation Movement is, renowned international jurist Ian Brownlie tells us, entitled to “conclude binding international agreements”; to the “rights and obligations set by the generally recognized principles of international humanitarian law”; and “to participate in the proceedings of the United Nations as observers”.3 It is also entitled to the respect and support of every state and individual in the international community.

By providing whatever support is within one's abilities, each one of us contribute to liberating the Iraqi people. We may suffer consequences for our support of the brave Iraqis fighting against the most deadly killing machine American lives and money can buy, but whatever domestic laws say, such supporters—governments or individuals—are acting in accordance with international law. Something that the occupiers of Iraq have failed to do and our suffering is much less than that of Iraqis who gallantly face an army too cowardly to respect basic international law.

Let us remember with courage this fifth anniversary of this struggle to end the occupation of Iraq as be the anniversary of the “first Iraqi intifada” against the injustice brought upon Iraqis by foreign and oppressive occupiers and their collaborators. Let us support the people of Iraq.

Curtis F.J. Doebbler
International Human Rights Lawyer - USA

Bericht aan de Bevolking is een initiatief van Het beschrijf, in samenwerking met het B/Russell/s Tribunal. Een aantal auteurs van deze teksten treedt ook aan op de Literaire Wake n.a.v. 5 jaar oorlog in Irak, op woensdag 19 maart van 20 u. tot 24 u. in Literatuurhuis Passa Porta, A. Dansaertstraat 46, 1000 Brussel. Zie www.passaporta.be

Link naar het overzicht