- MAY 20, 2013
Demarcation of the Iraq-Kuwait border
the United Nations and border disputes
d. Nassif Jubouri
when hear Ptkhazl the Iraqi government in the management of key outstanding files and most especially the foreign ones. See the result that we are back to the same results, which led us to it Saddam's regime in its foreign policy and that means differ. It's not regard to appointing set or a commercial transaction or contract to participate in an international conference, but it is a matter of Iraqi lands seized by force and coercion by the Committee on the demarcation of the Iraq-Kuwait border of the United Nations twenty years ago. It should not be deceived by one of the big labels for many international committees as border demarcation committee founded by the UN Security Council are illegal committee of the legal side, as we shall see, regardless of who issued and signed and implemented. It was the UN know for sure that the former Iraqi regime illegal and rogue regime for the national will and the Arab and international levels should not and can not represent the Iraqi people, especially in the conclusion and ratification of international treaties sovereign land and oil and property.
Let's history back after the surrender of the regime in 1991, where then was prepared to compromise on anything and it was possible to pay any price from the wealth of Iraq staying power requirement. So air description of the Security Council after that date, and the ignominious collapse of the regime forces it issued several resolutions and established four committees including the Commission on the demarcation of the border between the two countries. Composed of five people, three appointed by the United Nations, which is no secret to anyone that it was and still is dominated by the United States and a representative of the former Iraqi regime who did not attend occupancy only five sessions did not care about anything but the survival of his regime as long as possible on the necks of the Iraqi people and the representative of Kuwait, which driven by nothing but revenge from the system and the people alike. But more bizarre than that this committee ratified its decisions by a simple majority, which is binding and irrevocable by any of the two, or even both. And the intention to impose border demarcation based on leaps and bounds by the Commission, whether attended by representatives of the two countries it or not. Flantsour up in the thorny issue Katrsam border and implies the importance of the political-economic strategy of isolating the two countries do not يمتلكا any weight even if opposed the representative of the Iraqi regime does not change it's something even odder than that if intercepted the two countries on this chart or that there is value to the opposed has happened in several minutes of where recorded Kuwait some reservations. But a simple majority of foreigners who do not know the region's history, traditions and culture decide to believe and carry out without regard for they constitute a simple majority.
said UN intervention in border disputes among its members was a former sparked condemnation of many. Simply because this intervention is not the prerogative of this international organization to open this door it is a bad start, and the intervention in matters concerning neighboring countries, because the latter should find solutions to border disputes, without the coercive intervention of one. That there are principles and international laws canonical, it was necessary to drain before they can be to make a decision to form a committee of the United Nations. Therefore, we believe that the objectors were everywhere, whether in the deliberations of the Security Council, the political leaders of many countries or angry reactions by the international press, local and a lot of personalities specialized Alnashidh to justice and truth.
method of resolving border disputes in international law
that the settlement of the international borders, are subject to fixed laws, ranging to reach a settlement between the two disputants, and limited ways of solving border disputes in principles
1 principle of judicial states this principle to taking style arbitration decided by Article Thirty-seventh of the Hague Convention, where you choose two Almtnazaatan, judges to settle the dispute in accordance with respect for international law , as and arbitration Terms and assets followed by States.If arbitration fails, the dispute shall be referred to the International Court of Justice, which is one of the UN bodies. The decisions of this court binding on the parties to the conflict, in accordance with Article fifty-ninth of its statute as that decision categorically does not accept the appeal, in accordance with Article Sixty of its rules.
2 political principle supports this principle in solving border problems, the style of diplomatic negotiations in order to bring the views between the conflicting parties as entrusted to a third party for a mission of good offices, mediation and then begin to lay the foundations common to find possible solutions between the conflicting countries. In the late stage form of commissions of inquiry or conciliation, and the results of these efforts and mediations entrusted with the free.
provides these principles of the Charter of the United Nations, where remember the third paragraph of Article thirty-sixth, he should be on the Security Council to urge the parties to the conflict to display the legal disputes, the Court of Justice International and, of course, the Court can not consider the border dispute, without the agreement of the parties to the litigation before it. There is no way for the intervention of the Security Council by the rules of international law, but in the case refused to one parties المتقاضيين accept the court's ruling, and reluctance to apply the rule.Then the second party is entitled to appeal to the Security Council, where authorized by the Charter, the power to issue a special resolution to enforce the court's ruling and record resolution as the elimination decision of the court is final official limits. At the insistence of the other party of non-compliance to the Security Council resolution also only then they can be to the procedures set forth in Chapter VII of the Charter.
permission and in accordance with international law. Secretary-General does not have authority to make a recommendation to the Security Council for the demarcation of the border, but after the completion of the judicial or political stages that stipulates made international treaties and conventions. As the border demarcation process can not take place in isolation from one party or the isolation of the two parties together. Based on the foregoing, we can see that the Security Council has the bypass and the violation of rules of international law on the issue of demarcation of the Iraq-Kuwait border, has exceeded the powers, as he has not exhausted Previous methods mentioned both in terms of committees of arbitration, or the International Court of Justice or other institutions. In addition, the representative of the Iraqi regime, only five did not attend sessions of the total eleven cycle, which raises problematic legal legitimacy of the demarcation of the border, as we have seen above. As for Kuwait, and that she had resorted to mediation in certain circumstances, it is the other did not raise these border disputes, to Almasssat the Arab or international legal specialist, to find solutions to such problems. Is consistent with the provisions of international law and customs official between the two countries. The suit Iraq's occupation of Kuwait land, did not put the matter even before the Kuwait itself, only after the demarcation of the border by the UN commission in 1993. Were recorded Kuwait someday mandate protests formal action against Iraq on the demarcation of the border, at the Arab League or the International Court of Justice, or even the United Nations.
objections to the resolution 833 within the Security Council
after the committee submitted its report to the Secretary-General of the United Nations, which raised turn the president of the Security Council for approval, and that in its meeting held in New York on the twenty-seventh of Maes 1992, and was then vested in the presidency of the Russian Federation representative. In that meeting, challenged many of the delegates of the Member States of the legitimacy of resorting to the demarcation of the border, according to this style. It may be useful to recall some الطعونات of importance
1 focused delegate Venezuela on the need to abide by the Charter of the United Nations, and in particular Article Thirty-third questioning by cryptic legitimacy of the Commission, and what he said to understand Venezuela that the draft resolution before the Council today, which tracks the technical process planning the border between the two countries and Ikhtaatmha, is not intended in any way to the establishment of any precedent alter the general principle contained in Article Thirty-third of the UN Charter, the article which stipulates that should the parties involved directly in the conflict of the kind, which we are discussing today, to seek dissolution by negotiation, and to reach an agreement necessary to overcome their differences, and likewise depend upon the criteria, and the method used in the maritime delimitation.
2 reservation delegate of Brazil on the demarcation of the border by the Commission, and considered such work outside the powers of the Security Council and advised to leave is the demarcation of the States concerned, where he said that the demarcation decisions can not be justified, but in light of the unique and exceptional circumstances which have taken these decisions, and it does not set a precedent for the future work of the Council, on other matters relating to the appointment or the demarcation of the border between the member states of the United Nations. The support of Brazil to the resolution we have just adopted, does not affect the reservations of the Government of Brazil, with respect to the competence of the Security Council of the United Nations in matters relating to the delimitation of boundaries between the member states of the United Nations, or the layout of these borders, and the Government of Brazil that the issues relating to the appointment and planning of the international border, must be settled directly to the countries concerned.
3 objected to the representative of China on the legitimacy of the Commission, because the border issues should be settled peacefully, the conclusion of agreements and treaties between the countries concerned, and expressed this by saying the issue of the border, has been China believes it is worth the countries concerned , according to the international law, the Charter of the United Nations, said the groping a peaceful solution through the conclusion of agreements or treaties to negotiate and consultation, in order to contribute to the achievement of lasting peace and stability in the regions concerned, it is believed the Chinese delegation that the process of the current planning of the border between Iraq and Kuwait is a special case, arose from circumstances specific historical, hence they do not apply in general and for this reason should not be seen based on the Security Council to Chapter VII of the Charter of the United Nations regarding the demarcation of the disputed border between the two countries, as a precedent.
has justified these countries vote in favor of resolution 833 for the demarcation of the Iraqi border Kuwait, the exceptional circumstances that generated after the Iraqi invasion of Kuwait, otherwise they challenged this method does not want to repeat it in any way because it is a violation of international norms in such cases. For a complete picture of all aspects, must review the position of international law, and the ways in which followed to resolve this kind of border problems.
condemnations International condemning the demarcation New
've criticized a lot of media border demarcation decision, because it does not take into account the geopolitical, as well to the historical aspect. After he saw that border, you may Tzhzan to the north, carved Iraqi territory along the border, which increases the hassles of Iraq's present and future.
from early المنددين the results of the new layout, the representative of the European Commission, Mr. Gerd Nonman gerd nonneman in his report to the European Commission where he said The UN commission to demarcate the boundary between Iraq and Kuwait, has Zhzan border to the north a distance of 600 meters, to deny that Iraq is part of its naval base in Umm Qasr, and thus tightening of Bomber sea on the Arabian Gulf, causing it additional problems to Iraq. It is the feedback objecting to the demarcation, we remind Egypt that stood with the Western alliance in the Gulf War. As it alerted the international coalition, that the aim was to expel the aggression and return to the border line which عبرته the Iraqi forces blew the second of August 1990. In this regard, reported Al-Hayat newspaper in its issue of the twenty-fourth of April 1992 that Cairo has conducted extensive contacts with the five permanent members of the Security Council and the countries of the Gulf Cooperation Council, dealt with the recommendations of the International Committee in charge of the demarcation of Iraq-Kuwait border, and urged to be guided in this matter sensitive, codes of the Arab League and the bilateral treaties and agreements between the states of Kuwait and Iraq, and demanded to take it seriously and responsibly to avoid problems in the future. They believed that to make any changes in the border, in these conditions, without an agreement between the two countries, will create the underlying problem will bear the consequences of the Arab world. And that the task of the Commission, should come within the framework of respect for borders and politics, between Iraq and Kuwait, according to the Arab conventions and treaties. Considering the recommendations of the introduction of new situations, and not respecting existing conditions, a goal which was based upon the international coalition.
either Kuwait only party cushions and pro-demarcation new, the demands have differed completely from what it was before the war, as we started to hear for the first time, that there is a human Missed replay Committee to Kuwait, when he said the representative of Kuwait in the committee that the demarcation of 1992 will be quite different from what it was 60 years ago, then began hitting escalate, on the right of Kuwait in Rumaila South, after the dispute was before the invasion on Ratqa. Says allegations emerged that Kuwait had previously forced waiver of Umm Qasr, Safwan, but even that Iraqi cities famous كالفاو and Abu Fertile, has become in the eyes of some Kuwaiti study centers, cities were a subsidiary of Kuwait.These allegations يكذبها the region's history ancient and modern it altogether.
remains that the objections and الطعونات the legitimacy of the Commission, whether the decision established or practices on the ground, or the nature of the decisions biased have been issued personalities, organizations and countries to stop the most against the invasion, which shows the extent of the injustice and injustice inflicted on Iraq as a result demarcation new.
could not find a justification, one on the weakness of the government towards the rights of the Iraqi people with migraine Kuwait we do not know justified this fear and panic to ask renegotiate the border agreement, which took place in isolation from Iraq, which we have seen that there are a lot of countries have objected to it being illegal in many citizen. Did not turn around problems including the building of sub-Mubarak Al-Kabeer port without addressing the root of the problem is the Convention on the border with Kuwait in 1993. No one was demanding from the government to declare a state of war on Kuwait or other what Iraq has enough problems rather than capacity. But the government, which calls itself the government of the state of law should be aware that the force of law and capable of re-argument rights to its people by the behavior of the ways the international courts specialized in this field and which have already been mentioned above. The survival of Iraq under Chapter VII or not it is linked to international political order U.S. administration and its allies and not of Kuwait any role in it, no matter how fostered and claimed it. Finally, this government does not have any relationship with the former Iraqi regime did not feel guilt. As the Kuwaiti authorities are the ally of the Savior of the Iraqi regime is that أكرمته tens of billions of dollars to buy discharged without avail.
known heroes time of distress, this messenger of Allah peace be upon him, offered him a pillow Quraish at a difficult time of sovereignty and leadership and prestige and money that waives principles, but Abe and said to them by Abu Talib and God ياعم if they put the sun in my right hand and the moon in my left that I leave this matter what his legacy to your family without him. The corollary after Patience victory Aziz apron. That exceptional circumstances do not absolve our government of steadfastness and patience to preserve the interests of the Iraqi people against Kuwait, Iran or the U.S. occupation. Lost to us of the former regime, when a waiver of half of the Shatt al-Arab Iran in 1975 and 1990 on the one hand, did not have the audacity the other hand, to refuse the Iraqi-Kuwaiti Treaty imposed on it by the UN commission in 1993. This government should have to learn the lesson and at least be patient in order to maintain the status quo, that you can not address the specialized agencies to re-Iraqi-Kuwaiti border to what it was before the second of August 1990. Do not do the opposite and jog to satisfy Kuwait under the pretext of Iraq would emerge from Chapter VII and prove unjust demarcation of the border in the Khawr Abd Allah, Khor Al-Zubair or Safwan, oil fields or sub Valley. History is ruthless because of this people will be held accountable difficult account of waiver and give up and would surrender its land and sovereignty. Then what will you say to future generations.
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