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June 2002

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MILITARY ACTION

Military action is legal

By Subroto Mukherjee

GlobalomNet Media Service

 

 

Justice A.S. Anand

Military strikes against a country supporting terrorism are now legitimised under UN resolutions, Justice A.S. Anand, former chief justice of the Supreme Court of India said in London.

Justice Anand said that UN resolution 1368 adopted on September 12 last year expressed a determination to counter terrorist acts ‘’by all means’’.

India being a proponent of peace would inevitably want to explore all other options, Justice Anand said. But the UN resolution does give India the option of using military force as well, he said.

Justice Anand, who was visiting Britain under the L.M.Singhvi fellowship under which legal luminaries from India and Britain visit one another’s countries, said the UN resolution “implies the use of armed force as well.’’

Justice Anand said “by recognising the inherent right of individual or collective self-defence in accordance with the Charter, the resolution, for the first time, recognised military self-defence as applicable against terrorist acts perpetrated by non-state actors.’’

The former chief justice said ‘’this automatically legitimised unilateral military strikes against another country, at least until the Security Council takes its measures, something that occurred earlier but was never given the stamp of approval by the United Nations.’’

Further, resolution 1373 adopted on September 28 ‘’reaffirmed the inherent right of individual or collective self-defence as recognised by the Charter of the UN,’’ Justice Anand said. The resolution commanded member states to take a series of measures against international terrorism, Justice Anand said.

Those measures were exactly copied from the texts of international conventions for the suppression of terrorist bombings and terrorist financing of 1997 and 1999, Justice Anand said. ‘’Thus in one go, those conventions effectively became binding for the entire UN membership.’’

The resolution created a counter-terrorism committee to monitor countries’ fulfilment of these mandates, Justice Anand said.

The former chief justice argued against any selective approach to dealing with terrorism. Liberal democracies need to ‘’come forward to frame and agree to some essential basics,’’ Justice Anand said.

‘’Let there be a comprehensive law providing that for terrorists, who commit an act of terror in one country, steps shall be taken to extradite such terrorists to the country where he committed the act of terror for being tried under the law of that land - existence or absence of extradition treaties notwithstanding,’’ Justice Anand said.

In this connection, he said, ‘’not only would the achievement of a universally applicable definition of terrorism be helpful, but it would also assist the need for an internationally recognised screening mechanism for identifying terrorist groups, an exercise which is essential to combat terrorism.’’

Justice Anand said ‘’there is also need to have uniform legislation to control the funding of such terrorist groups or organisations because without financial support, the terrorist groups cannot function.’’
Ethnic Council of Canada is a representative body of 64 different language news weeklies published in Canada. 

 

Ranvir is a Homeopath doctor serving the Indo-Canadians for over 30 years.

 

Ranvir is committed to helping the community to keep in touch with India - news, social events, music, entertainment - and promote the local businesses by bringing their activities to the community, He has been serving the community through his news weekly, Nagara,  and a radio programme, Radio Sabrang, which is a favourite station of the community, and is relayed from CJMR 1320 from 11:00 am to 12:00 pm Monday to Friday.