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US has no right to self-defence against Pakistan

By ISRAR UL HAQUE November 25, 2008

Coming to the most crucial question whether the United States is entitled to claim any right to self-defence against Pakistan or to the contrary its missile attacks constitute an outright violation of our territorial integrity and political sovereignty.
The answer to this question almost entirely turns upon whether the US invasion and occupation of Afghanistan has been justified under the UN Charter and International Law, and whether the US sponsored and propped up Karzai regime has been legitimate enough to represent the will of the Afghan people. If either the US presence in Pakistan or Karzai's regime is unlawful and illegitimate under the UN Charter, the Islamic militants engaged in supporting their Afghan brethren in resisting this unlawful occupation and the illegitimate Karzai regime cannot be condemned as terrorist or even as intruders.
Hence the US or the Karzai regime in Afghanistan cannot under the UN Charter and International Law claim the right to self-defence against Pakistan or even the right to hot pursuit to the Islamic militants into our country.
It may be recalled that when General Macarthur during the Korean War wanted to launch military operations against the Chinese troops streaming into North Korea in support of the North Koreans, the general was not only prevented from doing so but was also dismissed.
The US invaded Afghanistan in the name of self-defence under Article 51 of UN Charter on the ground that the 9/11 attack was organised and instigated by Osama bin Laden from the safe havens in Afghanistan and on American demand Mullah Omer refused to extradite Osama to the it.
The right to self-defence granted under Article 51 of the Charter becomes valid only in the case when a state is actually attacked and until the United Nations Security Council (UNSC) takes measures to maintain security. A state even when exercising its right to self-defence is bound under the Article to report the situation as soon as possible to the Security Council. Then it is the council in its discretion is empowered to take such collective action as it thinks fit.
It was in exercise of its right of self-defence under the Article of the UN Charter that the US first attacked Afghanistan and later put the council on notice that it reserved the right to take military action against other states as well. And accordingly it subsequently attacked Iraq in utter violation of the UNSC Resolution 1441 on the pretext of disarming Saddam Hussein of the Weapons of Mass Destruction (WMD), without however recovering any such weapon ever after the occupation of the Iraq.

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