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Thursday, December 11, 2003

A Peace of Her Mind
From Shirin Ebadi, the Iranian woman who won this year's Nobel Peace Prize:

In the past two years, some states have violated the universal principles and laws of human rights by using the events of 11 September and the war on international terrorism as a pretext. The United Nations General Assembly Resolution 57/219, of 18 December 2002, the United Nations Security Council Resolution 1456, of 20 January 2003, and the United Nations Commission on Human Rights Resolution 2003/68, of 25 April 2003, set out and underline that all states must ensure that any measures taken to combat terrorism must comply with all their obligations under international law, in particular international human rights and humanitarian law. However, regulations restricting human rights and basic freedoms, special bodies and extraordinary courts, which make fair adjudication difficult and at times impossible, have been justified and given legitimacy under the cloak of the war on terrorism.

The concerns of human rights' advocates increase when they observe that international human rights laws are breached not only by their recognized opponents under the pretext of cultural relativity, but that these principles are also violated in Western democracies, in other words countries which were themselves among the initial codifiers of the United Nations Charter and the Universal Declaration of Human Rights. It is in this framework that, for months, hundreds of individuals who were arrested in the course of military conflicts have been imprisoned in Guantanamo, without the benefit of the rights stipulated under the international Geneva conventions, the Universal Declaration of Human Rights and the [United Nations] International Covenant on Civil and Political Rights.

Moreover, a question which millions of citizens in the international civil society have been asking themselves for the past few years, particularly in recent months, and continue to ask, is this: why is it that some decisions and resolutions of the UN Security Council are binding, while some other resolutions of the council have no binding force? Why is it that in the past 35 years, dozens of UN resolutions concerning the occupation of the Palestinian territories by the state of Israel have not been implemented promptly, yet, in the past 12 years, the state and people of Iraq, once on the recommendation of the Security Council, and the second time, in spite of UN Security Council opposition, were subjected to attack, military assault, economic sanctions, and, ultimately, military occupation??