Under international law, UN Security Council can take coercive or preventive measures against any state in accordance with chapter VII of the UN charter. It allows the Security Council to determine any threat to peace, breach of peace, or act of aggression and to take military or non-military action to restore ‘international peace and security’. No member state of UN can take unilateral and arbitrary ‘police action’ against another state. UN also recognizes the Principle of the sovereign equality of all the member states. Article 2(4) of the UN Charter provides that “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state inconsistent with the purpose of United Nations”.
By disregarding international law, USA is conducting drone attacks in the tribal areas of Pakistan against the terrorist suspects. For all this purpose, it hasn't even bothered about the formality of getting any formal authorization from the UN, which is clear violation of international law and UN Charter. So, these acts of the United States are, somehow, war crimes by the strict definition provided for the same. Recently, UN’s special representative on human rights and counter-terrorism, Ben Emmerson, also declared the US drone attacks in Pakistan illegal that violate the national sovereignty of Pakistan.
In Pakistan, the Peshawar High court has also termed these drone attacks as war crimes. There is general perception in Pakistan that these drone attacks are totally unjustified and all counterproductive. These facts have also been substantiated by the various studies conducted in the United States that most of the victims of these attacks are innocent people.
Therefore Pakistan should take a firm stand against these attacks so as to protect its national sovereignty and political independence. In this regard, Pakistan should raise this issue in the UN Security council calling for the immediate halt of this blatant aggressions committed by the US. Besides this, exercising the inherent right of self defense provided under Article 51 of UN charter, it can also shoot down the drones flying inside its territory.
MOHSIN RAZA MALIK,
Lahore, June 3.