For immediate release:

VANCOUVER, Monday December 03, 2001: Lawyers Against The War (LAW) released the following statement today:

The United States, assisted initially by Canada and Britain, is attacking Afghanistan for the stated purpose of overthrowing the Taliban and capturing Osama bin Laden – dead or alive - and others associated with his Al-Qaida organization.

LAW condemns these attacks and says they contravene international law.

INTERNATIONAL LAW AND THE ATTACKS ON AFGHANISTAN

The actions of the United States, Canada, and Britain cannot be justified under international law. Most importantly:

• The Charter of the United Nations expressly prohibits the use of force and the threatened use of force to settle inter-state disputes or to overthrow another state.

• Members of the United Nations cannot legally engage in the use of force against another state except pursuant to:

• A resolution of the UN Security Council directing a defined use of force by designated member states for the purpose of maintaining or restoring international peace in accordance with the Charter. This use of force would remain under the control of the Security Council. OR
• Article 51 of the Charter which gives member states the narrow power to defend against a continuing armed assault until such time as the Security Council can intervene to restore international peace and security. There is no right to use force to retaliate, to repel anticipated armed attacks, to overthrow a government or to apprehend suspects.

• The UN Security Council has not authorized the war against Afghanistan either as a means of maintaining international peace and security or as a self-defense measure encompassed by Article 51. The Security Council resolutions passed in response to the September 11 attacks specifically direct members to respond,

LAW opposes the illegal use of force against Afghanistan and other countries and supports the use of national and international law to settle disputes, prosecute offenders and protect rights.

LAW is based in Canada and has affiliations with Lawyers Against The War in the United Kingdom and Lawyers for Peace in Holland. LAW members reside in 8 countries. Membership includes professors, lawyers and others opposed to the illegal use of force in Afghanistan.

LAW activities, planned and ongoing, include: publishing articles focusing on the illegality of the war against Afghanistan, making public appearances to promote the organization’s views, and joining with other organizations to lobby national governments and the United Nations withdraw support for the military action against Afghanistan and to restore the rule of law.

NOAM CHOMSKY JOINS LAW

LAW welcomes Noam Chomsky who recently joined the organization’s membership. Professor Chomsky is an internationally acclaimed scholar, MIT Professor of Linguistics, author and political dissident. Lecturing in Lahore on November 24, Professor Chomsky denounced the attacks on Afghanistan and observed that the United States did not seek authorization from the UN for launching air strikes on Afghanistan because the involvement of the UN could have limited the US’s power to act unilaterally.

In another recent speech Professor Chomsky said,

LAW is asking lawyers around the world to join its members in:

• calling for an immediate end to the bombing and other illegal use of force against Afghanistan;

• calling on the United Nations Security Council, the General Assembly and the Secretary General to discharge their legal duties and institutional responsibilities to maintain international peace and security and to ensure that member states’ reactions to the September 11^th attacks, including prevention, investigation, trials and punishment, conform with international law and principles of justice.

• calling on national governments and the responsible organs of the United Nations to ensure the rights of combatants and non-combatants, fair trials for suspected offenders and no impunity for human rights violators.

Gail Davidson law@portal.ca OR Michael Mandel mmandel@yorku.ca