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A PAPER PRESENTED TO THE INTERNATIONAL LAW
ASSOCIATION
ON 29 FEBRUARY 2000 BY SHUNA LENNON LLB
(Hons)
INTRODUCTION 1. This paper explores the legality or otherwise of the sanctions and blockade regime put in place against Iraq in August and September 1990 by the Security Council of the United Nations (“UNSC”). While a range of international laws may be applicable to the situation, it is intended to analyse the situation in terms only of three conventions; the First Additional Protocol to the Geneva Conventions 1977 (“the Geneva Protocol”), the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”) and the Nuremberg Principles (“the Nuremberg Principles”) as adopted by the United Nations (“UN”). 2. Before turning to the analysis of these specific conventions, it is apposite to cite UN General Assembly Resolution 44/215 (22 December 1989) entitled "Economic Measures as a means of Political and Economic Coercion against Developing Countries". That resolution: “Calls upon the developed countries to refrain from exercising political coercion through the application of economic instruments with the purpose of inducing changes in the economic or social systems, as well as in the domestic or foreign policies, of other countries; Reaffirms that developed countries should refrain from threatening or applying trade and financial restrictions, blockades, embargoes, and other economic sanctions, incompatible with the provisions of the charter of the United Nations ...” http://www.zmag.org/CrisesCurEvts/Iraq/sanctions.htm Sent via Deja.com http://www.deja.com/ >
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