United Nations does deliver Justice in the world of abstraction rather than in the real world especially when it concerns the aggression from West, or to be specific, the United States and its ally Israel. While the clout of 900 billion military industry, does carry its weight as does being the largest world economy $32 trillion, though its debt may have crossed over its wealth status; but that has not diminished its powers, yet. Added to flux in American reality is the shifting away from preferred use of US dollar as the currency for global transactions, this may have a negative impact on soft power of the US, many across the globe may be hoping for the same.
I. MafiaDon@OvalOffice, does
bring the concept of American Democracy to question?
While the long arm of law and
cowboy form of justice has its fascination in American psyche, dropping 30
missiles on a spot or carrying out over 13,000 strikes this year from February
till ceasefire was announced first in April [1] are way beyond organized crime
violence or even terror acts. This is a planned attack for maximum scale of
impact on humans and on sovereignty of nations, here Iran. This is not a rare
event, but a planned strategy that has been playing out in Palestine, Iran and
Lebanon.
Such, planned strategy could not
be that of the MafiaDon@OvalOffice dancer President Trump but rather a mind/s
that are not just intelligent, but shrewd long-term planners and most probably
using AI for the same, which explains the sense of total detachment to human
suffering. The role of military industry has to be extensively looked at, for
it is their attempt to built a profitable military strategy viable for business
not peace, support for the same would mean the world is moving towards an
unsafe space, especially as there seems to be a silent acceptance for use of AI
in governance. This reality is turning far more relevant, as US President is
seeking to scale the scope of including maximum number assumed criminal target
by criminalizing ideologies that are not in line with that of white supremacist
mindset, he is moving further on as he seeks to hunt, defund, criminalize and
take down agencies with leaning toward leftist ideology.
This is far more violent than any
organized crime group can dream of carrying out. Researchers spent days trying
to calculate hypothetical impact of drug trade and use on lives of people and
society at large. Here the impact can be assessed with accuracy in a few hours.
MafiaDon@OvalOffice and his ally Israel are worse than any Organized Crime group
that ever existed and will exist, for Organized Crime Group only focus on their
specific economic activity or activities, it tries to influences specific area
in a country that fall within its convenient trade routes, it does not carry
out large scale massacre in case their activity is tampered with, as it could
lead to youth turning away from drug trade perceiving it to be too dangerous as
an option for a better life style.
MafiaDon@OvalOffice beat all
hands down, and he and his country does it in the name of Democracy and Freedom
of Expression! That is an eternal joke!
1. Scale and planned layered
impact
When 13,000 strikes happen, in a
matter of months it has strong impact on human life and it is immediate, unlike
actions by Organized Crime Groups. Though UN has placed a figure of 95,000
deaths because of organized crime this is an exaggerated figure, for example in
US as there are limited number of Organized Crime related death but large
number of deaths due to fentanyl, these deaths have been added in. Interestingly
deaths, attributed to Mexican cartels also include large number of fentanyl
deaths. Besides, no country gives segregated data for homicide and organised
crime or gang related death. Unlike in the
case of MafiaDon@OvalOfiice, frequent deaths are bad for organised crime
business and so care would be taken ensure limited death with add on maximum
leverage is considered to ensure fear of the group is strengthened.
With regard to Oval Office, the
President in charge need not show any restrain. He has the freedom given to him
through the President Executive Order to enforce and demand anything he wants.
Since the Congress is not willing to hold him accountable, except for giving
him a tap on his knuckles at times, and US media are marketing these taps as a
success. All the while the mass murderer, Kidnapper, war monger US President is
having a field day and it is the world that suffers.
All the international agencies
and EU are in deep slumber to hear the cries for Justice in Iran, Palestine,
Lebanon, Yemen, Cuba, Venezuela and Somalia. These agencies wake up only to
assert Israel’s security, to enforce sanctions on Iran or to see scope for
asking Hamas to disarm and if possible, to declare another group fighting for
justice as terror agency. That’s the kind of colonial democratic justice that
is delivered at the global stage.
2. Flirting with International
Law to the advantage of MafiaDon@OvalOffice
EU and US can talk about justice
and democracy, but their words sound hollow and designed to decisive, more so
in case of the US. EU is far more guilty of the silence it maintains on US mass
murder and fascination for indiscriminate bombing, for never has EU brought
either the US or Israel to task. At present EU is making huge hue and cry about
banning goods traded from settler colony in Palestine, it is sad and outrageous
as Israel is continuing to kill children in more ways than one even when the
country is supposed to be enjoying peace.
US Presidents’ have had a field
day flirting with international law, for which they play a musical chair
between domestic law and international, as convenient. This is actually the
reason for many a global conflict and not just acts of terror in isolated
spots. This exclusive power enjoyed by the US has led to a situation wherein it
assumes in its worldview and reality only the US has complete sovereignty and
all other countries especially ones that are not part of the West can enjoy
their sovereignty as per what is defined by the US President and his sense of
morality, if at all any. The current President Trump has just thrown out the
cover that hides the blatant differences and he has done it in most crude way
possible.
·
Surveillance, sovereign rights and inadequate
UNCLOS
UN Convention for Law of Sea [2] was
thought through as a tool for justice for nations decades ago, at present
technology has changed so much that many of the laws and provisions are
inadequate and counterproductive or both. UNCLOS was framed when technology was
non-existent, to protect the rights of all nations equally, and not just uphold
the powers of a few nations?
The Preamble of UNCLOS makes
clear statements about the purpose for creation of UNCLOS it includes:
1. “Recognising the desirability
of establishing through the Convention, with due regard for Sovereignty of all
States, a legal order for the Seas…will promote the peaceful uses of Seas and
Oceans, …”
2. “Bearing in mind that the
achievement of these goals will contribute to the realization of a just and
equitable international economic order which takes into account the interest
and needs of mankind as a whole…”
3.“Believing that the
codification and progressive development of law of the Sea achieved in this
Convention will contribute to the strengthening of peace, security, cooperation
and friendly relation among all nations in conformity with Principles of Justice
and equal rights and will promote the economic and social advancement of all
peoples of the world”.
All that stated above can be
shown to be not realistic in today’s world where technology has made some of
the provision childish and powerful nations are misusing this negligence to
their criminal advantage, as seen in case of US and its convenient use of mix
of domestic laws and UNCLOS as per its convenience.
As per the existing regulation
there are three different demarcations with regard to sovereignty and other
rights for Nations or State Parties. Since US has not ratified the UNCLOS and
is not a state party. Irrespective of that the provisions made under UNCLOS
that affects everyone:
a) Article 3 on Breadth of
territorial Sea states that “Every State has the right to establish the breath
of territorial sea up to a limit not exceeding 12 nautical miles, measured from
baseline determined in accordance with the convention.
The other demarcations are
Contiguous Zone (12 nm – 24 nm) and Exclusive Economic Zone (12- 200 nm).
When considering sovereign rights
and security the distance in terms of physical attack is no longer relevant as
much as protection against continuous, invasive, criminal surveillance. This is
clearly not addressed by UNCLOS, in fact majority of Member States at UN would
not even be aware of real implication of “right to innocent passage” in
comparison with Member States that are technologically advanced.
The current belligerent attack on
Iran by US with a concocted excuse of imminent threat of nuclear attack, this
would not have been possible without the weaponisation of Strait of Hormuz, use
of Gulf bases to belligerently attack Iran and massacre the Supreme Leader
Ayatollah Ali Khamenei and his family including 14 months old granddaughter
along with military leaders and their family. That single day US claims it
attacked 500 sites and the US President considers it a proud achievement and
seems to cherish it more than nations cherish a world won at sports. This is
what beats me, the total inhumanity and love to shed blood that the US
President emotes seems to be not be out of line for EU, UN, most international
communities, the US Congress and for SCOTUS.
As per data available the US
surveillance capability is far beyond the stated 12 nm protection of
sovereignty or even 200 nm. This is the irony, for US with its advanced
technology can manage continuous invasive surveillance of neighbouring
countries all in the name of patrolling the international waters for peace.
This makes all less advanced nations in the world sitting ducks of the US Naval
Patrolling power even though the US is not a party to UNCLOS.
Some the example of how the USS
(United States Ships) can weaponize the right to innocent passage, or even
moving through 24 nautical miles or even 200 nautical miles. All of US
surveillance assets can easily monitor from 200 nm miles of beyond.
a) The U.S. Navy utilizes Oman’s
shores as a strategic hub, conducting extensive high-altitude and carrier-based
surveillance across the Gulf of Oman and Strait of Hormuz. The operational
surveillance area is 2000 Kilometres or 1079.91 nautical miles.
b) The assets used by the USS Abraham
Lincoln include Boeing P-8 A Poseidon, this aircraft can carry out maritime
patrol, has unrefuelled combat radius of 2,222 Km or 1200 nm. It has been a key
to monitor and map real time Iranian military movements and radar signals in
the region.
The facts above indicated that
unlike when UNCLOS was conceptualised or later in 1982, the greatest threat for
Nations is not direct hit from the shores or from areas designated for innocent
passage, but from technology and scope for surveillance. The existing provision
disconnected from reality makes a mockery of the UNCLOS Preamble which states
its goals include: Sovereignty of all States, a legal order for the Seas,
peaceful use of Seas and Oceans; or its provision that it takes in
consideration the needs of mankind as a whole and contributes towards a Just
and Equitable international order; and the delusional assertion that there
exists a codification and progressive development process of Law of the Sea
which has created a situation among Nations that is in conformity with
Principles of Justice and Equal Rights that will promote economic and social
advancement of all peoples of the world. None of these are possible in the
present codification available in UNCLOS and existing disparity between
countries across the globe in terms of technological advancement.
II. US Military Bases,
bilateral agreements, and Equal Rights of Nations as stated in UNCLOS
US has bilateral agreements with
six countries, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and United Arab
Emirates. All these countries that are part of Gulf Cooperation Council and in
addition it has military links with Iraq, Egypt, Syria and Jordan. While the
arrangements and scale of operations vary across countries, they all
contributed towards the US’s layered surveillance of the entire region.
There are two crucial
arrangements that make US hegemony on Iran possible, including its massacre of
Iran’s Supreme leader, his family including an infant, along with an entire
senior layer of military leaders, scientist and their families, academician and
intelligence and some of their families. Yet, the UN never dared to term it
a terror attack on a nation, Iran, or call out the MafiaDon@OvalOffice for his
war crimes and acts of anti-humanity and initiate legal action for the same. I
promise if the victims were familiar with western culture that goes along with
three piece-suit or were White, the silence of injustice would not exist. If
the aggressor was a non-white Muslim from any country the NATO would have taken
immediate action.
The two crucial arrangements that
make inequality among nations possible are: 1) The Bilateral agreements that
tend to ignore rights of nations, including international law and UNCLOS and 2)
The misuse for right of passage through waters within 200nm miles but outside
12 nm for warships and other naval assets.
1. Bilateral Agreements and
Invasions into Sovereignty of other Nations:
Unlike bilateral agreement for
civil and trade realities, agreements for military purposes and its details are
not publicly available for others to understand the nuances or methods of
intelligence sharing or mutual defence guarantees. While the existence of these
pacts is publicly acknowledged, the operational details are shielded for
strategic and national security reasons. These means countries in the region
that are adversely affected have no way of understanding its implications and
ensuring the safety and protection of their nation and its sovereignty.
Here as laws such as UNCLOS has
not kept up to the development in technology and fine-tuned its capacity to
address the use of airpower as part of sea power or the joke of distance of 12
nm or even 200 nm be considered relevant when super powers like the US use
their rights as part UNCLOS only infringe on Nations that they do not approve
of or consider not submissive enough to their genocidal ally Israel.
Given the bilateral agreement
between US and several countries in the region the US can surveillance over
2000 km from its regional naval assets. This done through a layered, interconnected
intelligence, surveillance, and reconnaissance (ISR) network that operates
independently of ship proximity. This means bilateral agreements make a mockery
of sovereign rights of other nations in the region, it is precisely because of
that US President is having field day enjoying daily bombing thrills as he
makes mockery of the international law.
2) The misuse for right of
passage through waters within 12 nm to 200nm miles for warships and other naval
assets.
UNCLOS does provide Right of
Innocent Passage under Article 17, for all ships from any State, this is
provided throughout the territorial Sea. As indicated earlier the distances
mentioned as a measure to safeguard the sovereignty of coastal State has been
made irrelevant with development in technology.
UNCLOS does provide measures to
safeguard the sovereignty of coastal States, the measure focus on vessels at
sea and not about use of airspace. As the focus on UNCLOS has not been misuse
or weaponisation of Right of innocent Passage through assets on Naval Vessels
that has air power. Take the example of
Abraham Lincoln, that is currently operational in Arabian Sea and the US 5th
Fleet area of responsibility. This naval asset has aircrafts and armament
onboard, it includes SH- 60 Seahawk Helicopters, which can be used for sea and
land surveillance, its surveillance range is 830Km or 450 nm.
Another military asset on Abraham
Lincoln is F-35 C Lightning II and F/A -18 Super Hornet, F-35 C has a combat
radius of over 670 nautical miles and an AN/APG -81 AESA radar detection range
exceeding 150 km. The total range is around 1200 nm.
At present Abraham Lincoln is
operating at 380 to 600 nm from Iran, in
that context how can anything assured to coastal states and its sovereignty by
UNCLOS every be honoured in reality. According to UNCLOS what has been assured
to coastal states and safeguard with regard to Right to innocent passage
include the following:
1. Under Article 18, Meaning of
Passage under section 2, it is mentioned that “Passage shall be continuous and
expeditious”. This is not what happens when US warships through the area
especially as it has bilateral agreement for security purposes with many
countries in the region.
2. Under Article 19, meaning of
innocent passage, it is mentioned that the passage of a foreign ship shall be
considered to be prejudicial to the peace, good order or security of the
coastal state of in the territorial sea it engages in any of the following
activities:
a) any threat or use of force against the
sovereignty, territorial integrity or political independence of the independence of the coastal State…
b) any exercise or practice with
weapons of any kind
c) an act aimed at collecting
information to the prejudice of the defence or security of coastal state
d) any act of propaganda aimed at
affecting the defence or security of the coastal state
j) carrying out research and
survey activities
k) any act aimed at interfering
with any system of communication or any other facilities or installation of the
coastal state.
It is evident that UNCLOS can
never provide any of these protection to the coastal states and certainly not
to Iran. Though clearly as per UNCLOS the action of the US were and are clearly
prejudicial which makes it clear they have no right to keep using the Right to
innocent Passage. Yet, none of the democracies or UN or any International
Institutions took up the issue or even focused on the same.
Then the question would be, can
Iran take countries, the US and Israel, to court for violation of its sovereign
rights? Can it hold UNCLOS accountable for not giving technology relevant
importance especially given the extent power nations like US enjoys and abuses
through its technological and military powers.
It is time the world removed the
lens it has become accustomed to perceiving Iran, for it does not lay bare the
selective justice and discriminatory response that will standout upon an
objective reality check.
Sovereignty for all or for None.
Molly Charles
Reference
1. https://www.csis.org/analysis/last-rounds-status-key-munitions-iran-war-ceasefire
Last Rounds? Status
of Key Munitions at the Iran War Ceasefire
2.
htps://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
Unclos_e.pdf
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