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Nuclear Free Act - Iraq
13 December 1999
Patron: x President CTU - Ken Douglas ONZ
President of Honour, Gerald O'Brien
President, John Urlich J. P.
Senior Vice President, Desmond Brough
National Secretary, Barney Richards
PO Box 703 Wellington, New Zealand
Fax: O'Brien 64-4-3848357
Phone: O'Brien 64-4-3848331
Fax - Phone: Urlich 64-4-9040011
Fax - Phone: Brough 64-4-3883173
Fax - Phone: Richards 64-6-3648940
E Mail : firstname.lastname@example.org
PEACE COUNCIL OF AOTEAROA NEW ZEALAND INCORPORATED.
The Rt Hon Phil Goff MP
RE SANCTIONS ON IRAQ AND OUR NUCLEAR FREE ACT.
The Peace Council had on many occasions written to the former Minister of Foreign Affairs and Trade, the former Prime Minister, and the chair of the Foreign Affairs Select Committee, appealing to government on humanitarian grounds not to send our frigates to the Gulf to impose sanctions. We drew their attention to the fact that such actions also violated our Nuclear Free Act and to governments' obligations as a member of the UN and as signatories to the UN Charter and Conventions.
The US and its allies bombed Iraq back to the stone age in a deluge of 40days and 40 nights of bombing in 1991 and imposed an embargo which restricted food and medicine supplies that resulted by UN assessments in the deaths of over one million people. Surely a human catastrophe?
Chief of the US Air Force, at that time' General Brent Snowcroft admitted the war was fought about oil (so that the US had control of it), although the pretext of waging the war was that the world had to get rid off Saddam's weapons of mass destruction.
Instead of supplying the Iraqi people with humanitarian aid, Government deployed the frigates to support the US Navy in the Gulf in what was and still is a vindictive act. The Security Council permanent members bear a heavy responsibility for its decisions violating the UN Charter.
* It allowed the US president to unilaterally declare war on a member state of the UN.
* It gave the US the right to decide who could have weapons of mass destruction.
* Despite the World Court ruling that the use of nuclear weapons are illegal, all permanent members of the SC possess nuclear weapons with the intention they may use them.
* All permanent members of the SC are in breach of Article 6 of the NPT.
* Western industrial nations supplied Saddam with weapons of mass destruction in its war against Iran and the Kurds. President Reagan turned a blind eye to the use of poison gas on the Kurds.
US Naval Forces in the Gulf violated the following international conventions.
* The Geneva Convention says "Starvation of civilians as a method of War is prohibited."
* The UN sub-committee on Human Rights concluded in 1994 that blockades, sanctions and freezing of assets were " terrorist acts."
* The UN declaration of Human Rights
* The Convention on the Rights of the Child
In its correspondence with the Minister of Foreign Affairs and the former PM Jim Bolger, the Peace Council unveiled many disturbing facts concerning the Iraq embargo
* The UN resolution to deploy the Multi-national Interception Force (MIF) has passed its used by due date by several years. The US had no blank cheque from the UN to blockade Iraq and refuses a Security Council review on the issue.
* The US has many times since the Gulf War resumed unilateral bombing operations on Iraq a sovereign state, contrary to the UN Charter and in contravention of international law by using force. One million Iraqi children have died since the Gulf War because of sanctions and from nuclear radiation due to some 40 tons of depleted uranium shells that were used by US led forces.
* The US, not the United Nations, requested the deployment of the NZ navy to assist them in the Gulf.
* The NZ Commander comes under the complete control of the US Commander, not the Secretary General of the UN, in all operations in the Gulf on the false assumption the US has a UN mandate.
* Parliament has not been allowed to debate the issue of support for the US Navy since the deployment of HMNZS Wellington in 1995. The operational expenditure of the NZ Navy in the Gulf has been appropriated from other budgets as if to avoid debate in parliament and suggests a break- down in our Westminster system of accountability.
* In August 1998, the Foreign Affairs Select Committee acting Chairperson denied the Peace Council and another NGO the right to speak in support of their submissions on the Iraq embargo when they called to and appeared at the hearing...
The New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act.
Section 15 of the above named Act effectively prevents the public from taking legal action against the Crown thereby denying the right to Natural Justice & the Rule of Law.2 S15 negates clause 5 sub2b since it allows the Attorney General alone, to decide whether the Act has been breached.
Further, Clause 5 (sub2) of this Act provides that no person, who is a NZ citizen or person ordinarily resident in NZ, and who is servant or agent of the Crown, shall, beyond the NZ nuclear free zone: -- sub2 (b) "Aid, assist or abet any person to manufacture, acquire, possess or have control over any nuclear explosive device."
* The former Attorney General (AG), Sir Douglas Graham, said that the AG consent was required "because in the case of prosecution under the Act there may be special public interest factors to be taken onto account." This surely should matter for the courts, not the AG to decide?
* bring back the Te Kaha forthwith
Yours in Peace
cc Prime Minister, Margaret Wilson, Attorney General, Matt Robson, Assoc AG, Jeanette Fitzimons, Greens, Hon Winston Peters, NZ First
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