The new article of the Charter of the UN “The rights of the nations, national and ethnic minorities for self-determination”, will allow, by vote of the population of regions of the countries under control of the UN, to gain independence for not gained independence nations at the level of the sovereign state, and for the gained independence nations at the level of autonomous regions – states, at the international organization UN.
As show events on time in the world, two options for achievement of level of the national self-determination are noted, in my opinion:
the first option – democratic and peace, by vote of the population with their compact accommodation in the concrete region of the country with participation of the UN, and
the second option – authoritative and aggressive that allows emergence in the states to separatism of nationalistically oriented citizens of the population with their compact accommodation in regions at the level of the open or hidden connivance of external interested countries to these regions.
So, in my opinion, the new article “The Rights of the nations, national and ethnic minorities on self-determination ” of the Charter of the UN has to consist of three parts for national self-determination of the population of the countries of the world:
the first part of article is for the nations, national and ethnic minorities which historically live compactly in certain regions of foreign sovereign states, without having at the same time national self-determination at the level of the sovereign state in the world and as a part of the UN;
the second part of article is for national and ethnic minorities which historically live compactly in regions of foreign sovereign states, but having at the same time in the world, outside not adjacent borders of the country of the accommodation, the nation sovereign state as a part of the UN and
the third part of article is for the nations which for centuries live compactly in historical lawful territories in adjacent borders of two-three sovereign states, but at the same time historically were the divided adjacent borders of the countries on two-three parts.
Development the new article of the Charter of the UN from legal side belongs to foreign affairs specialists-lawyers of the UN, which have to define fundamental sensible decisions about mention the rights on the basis of rules of international law. At the same time, lawyers of the UN, on the one hand, should not rely on the interests of conflicting parties in the region. On the other hand, lawyers also have to exclude in the new article of the Carter of the UN the geopolitical and geostrategic interests of major powers and countries in these regions and beyond their limits. Whether the UN as historically vital step of the international organization will go to it, it is already other party of a medal. As axiom, it is explained that new article in the Charter of the UN will remake territorially borders of all countries of the world without exception. And it, in turn, will exclude imperial manners of powers and countries of the world with emergence of world wars. And therefore, participation of all member countries of the UN in vote of the new article, but not members of the UNSC with their veto, as a rule, for this discussion is necessary.
In the first part of article – the UN develops all principles of creation of the new, but not repeating, national states with their democratic structures for the nations, nationals and ethnic minorities which are compactly living for centuries in the region on the historically lawful lands, but not having at the same time national self-determination at the level of the state in the world. At the same time peace process of emergence of the new national state has to take place step by step in the following ways on a basis:
1. universal ballot under control of the UN of all population living in this region of the country, but not separately taken its nation, for national self-determination at the level of the only state for this nation in borders of the historical territory of their accommodation;
2. build in the region of democratic structures and institutes with human rights and rule of the uniform Law, and
3. for the purpose of achievement of painless process of their exit of management of this sovereign state and not a rupture of the connection established them in market economy about the country to provide to regions time in 5-10 years for a smooth exit to the level of self-government of the sovereign state.
Kurds in Iraq, Tibetans in the Tibetan autonomous region of China, Basra in Spain, Chechens, Bashkirs, Tatars in Russia and others can be examples of the nations for this case. And what earlier, in the spirit of the times, there will be this democratically peace process, thereby, on the one hand, will win more those states in the territory of which there is this process at their close market interlacing.
On the other hand, will win all mankind with emergence on the world scene of the new, not repeating nation states with the rich national traditions, stories, culture, customs and religions. But the most important the fact that process of peaceful formation of the new states in regions of the countries will eliminate regional wars and the criminally centers on an international basis in territories of their accommodation. And it will exclude bloodshed of the people of these regions at emergence of the new state.
Striking examples told are emergence of 15 new states from former imperial the USSR and also the Czech Republic, Slovakia and the republics of the former Yugoslavia. However, they arose spontaneously, as led to a rupture of their market on the basis of their vertical structure. As result – full collapse of their economy with emergent of the new states.
Today some regions of the countries of the world also wish to gain independence at the level of the new national state in which basis either their rich economic budget, or religious motive lies.
Rich regions of such countries as Great Britain, the USA, Spain, Italy, Russia and other advanced countries can be examples. Regions of the countries of the Middle East and Africa can be examples of religious motive.
The second part of the article “The Rights of the Nations for Self-determination” of the Charter of the UN develops rules of uniform approach for national and ethnic minorities which at will of fate of historical events in the past live compactly in regions of others countries, however at the same time have no adjacent borders with their family in the world gained independence national states at the level of the UN.
For example, Jews, Chinese, Armenians, Mexicans and others in the USA; Armenians in France, in Russia, Azerbaijan and so on. In this case, for the purpose of maintaining territorial integrity of borders of the sovereign states fixed UN on which certain part of the territory these minorities compactly live the UN develops the principles of creation of self-government for them at the level of autonomies, as in Denmark, or the state, like in the USA, within territories of their compact accommodation. Besides, process happens according to universal ballot of the population of the region for further accommodation in the territory of this sovereign state which sheltered them and without revision of its borders. At the same time their equal constitutional rights with citizens of this state are created. But for cases of unwillingness of further accommodation in this territory on the basis of results of their vote, the UN is provided rules and conditions of their painless moving from these territories of foreign national states in the territory of the existing their nation states or other countries. It can occur due to monetary compensation to the leaving persons by sides of their states interested in destiny, according to the market of sale and a purchase of the earth and real estate. A striking example is eviction of Jews from the occupied Palestinian earth of Gaza on their home ground of the nation State of Israel with granting housing to them or at will departure to any country of the world.
Otherwise, a paradox of granting the states to these minorities of the rights, at existing in the world of their nation states, can the fact that only in one USA dozens of the states for Japanese, Latin Americans, Chinese, Jews and so on will arise will be. And Armenian ethnic minorities which are compactly living almost worldwide from hundred thousand to one million, for example in California in the USA, in France, in Russia, in Lebanon, in Turkey and in other countries, including also in Nagorno-Karabakh of Azerbaijan, and not having at the same time adjacent borders with their Armenia, will create as a result the largest state in the 21st century on ours to the Planet – the USA*, that is the United States Armenia is improbable. And it is a paradox on time for the three-million population of Armenia, given rise thanks to the October revolution of 1917 by Bolsheviks of Russia. Whereas the Palestinian nation cannot recreate blood of the people self-government at the level of the state since 1948 and is a source of a criminally problem not only in the Middle East, Africa, but already and around the world.
In the third part of the new article of the Charter of the UN, the rule for unity of the divided nation, two-three sovereign states living in adjacent borders on their historical home grounds is developed. In this case, the UN is necessary, on the basis of their universal ballot for association in the uniform nation, to develop ways and conditions of their peaceful painless association and merge of their territories of accommodation. 5-10 years for creation of the uniform nation state with democratic management with preservation of former economic are for this purpose allotted structures.
Examples of this association are already Vietnam, Yemen and there can be in the future reunification of Korea, Ireland, Azerbaijan, also Kosovo with Albania, as the uniform Albanian nation with adjacent borders, but taking into account interests and the rights of the Serbians who are compactly living there with Serbia. Other fresh example it is possible to bring association in the future of the Ossetia people Southern and Northern Ossetia into the uniform state Ossetia. In this case will win, on the one hand, the people uniting in the uniform nation, divided by adjacent borders because of historical events, and, on the other hand, and the states with accommodation of territorially divided nations.
In the absence of the new article the level of the international law from the UN, in my opinion, will be published in the Charter of the UN and the above-stated uniform approaches to these international problems as a paradox, the nations repeating for one and too dozens of the independent states.
And bloody long wars of people of the world, up to world, and existence of the criminally centers will be their investigation as shows time.
The author of article advises the authorities of the countries accepting numerous immigrants not to occupy them compactly on one nation, on the example of Chinese in the Siberian region of Russia that will bring in the future to their rights for repeated national self-government. As an example, Kosovo for Albanians in the presence of their Albania, and Nagorno-Karabakh of Azerbaijan for Armenians at Armenia.
Besides, compact accommodation of immigrants does not allow them on time to be integrated into life of society and into the culture of the hospitable country.
So, the mankind and the UN are faced by a dilemma: to be to the new article “About the Rights of the Nations for Self-determination” in the Charter of the UN for emergence peaceful manners of the new sovereign states, it is concrete for the nations which did not gain independence for today, at the level of disintegration of empires and countries, or to be to wars any level, up to nuclear world, for revival of ancient and modern empires with their colonial manners in the 21st century?
Fundamental legacy of The Nuremberg and Tokyo Trials (1945-1948)
These – rather unfortunate – days some voices in Europe are trying, in a quite a historical fashion, to question the very fundaments of the antifascist legacy. Dangerous and highly destructive equitation attempts are on the way. Still, this legacy is what finally made the Old continent human and peaceful – a role model to admire and for the rest of us to follow.
These regrettable equitations make it worth to revisit the Nuremberg and Tokyo trials, which are essential pillars of the Human Rights charter brokered right after under the OUN auspices. Consequently, a very legacy of these trials is extraordinary and far reaching. It represents a core building material of the house called Modern Europe – something that the Director of International Institute IFIMES, Dr. Zijad Becirovic repeatedly stresses in his media appearances, as one of the bold but rather are voices of the right direction and historical responsibility awareness today.
Conclusively, the importance of tribunals is hard to overstate. Its reaffirmation today is needed like never since the very end of the WWII.
Noam Chomsky once said, “For the powerful, crimes are those that others commit.” This was not the case for Germany and Japan post-World War II. The victorious Allied powers established the first international criminal tribunals to prosecute political and military officials for war crimes and other atrocities committed during wartime. The four major Allied governments; the United States, the United Kingdom, France, and the Soviet Union, set up the International Military Tribunal (Nuremberg trials) in Nuremberg, Germany, to prosecute and punish the major war criminals of the European Axis.
The tribunal presided over a combined trial of senior Nazi political and military leaders, as well as several Nazi organizations. The less-recognized International Military Tribunal for the Far East was created (Tokyo trials) in Tokyo, Japan, following the 1946 proclamation by Supreme Commander for the Allied Powers, U.S. Army General Douglas MacArthur. The tribunal presided over a series of trials of senior Japanese political and military leaders to prosecute and punish Far Eastern war criminals. The Nuremberg and Tokyo trials differed in several important aspects including their origins, compositions, and jurisdictions.
The Allied powers established the policy that international tribunals in Europe and in the Far East after World War II would focus on, most importantly, a decision on individual criminal liability for crimes against peace. The Allied governments, and specifically the United States, sought after this policy as a solid step toward organizing an international legal system for discouraging future aggressors and averting the sort of war devastation that the Axis aggression had caused. This US-enlivened policy, first presented at Nuremberg, was repeated and pursued precisely at Tokyo. Luc Reydams and Jan Wouters argued that “The Nuremberg and Tokyo Charters were drafted by a handful of statesmen from the highest echelons of government for whom an international tribunal was not a goal unto itself, but a means to a very specific end.” The Tokyo Charter, necessitated that the principal charges against the defendants be crimes against peace while deeming charges on war crimes and crimes against humanity as discretionary. Therefore, a great part of the court battles at Tokyo rotated around substantiating aggressive war charges, despite the fact that proof of Japanese wartime atrocities was, truth be told, likewise exhibited.
In June 1945, the day of the signing of the United Nations Charter at the San Francisco Conference, delegations of the United States, the United Kingdom, France, and the Soviet Union, negotiated in London on the regulating principles for prosecuting war criminals. It is noteworthy that the respective heads of these delegations; Robert Jackson, David Maxwell Fyfe, General I.T. Nikitchenko, and Robert Falco later served in notable roles at the International Military Tribunal. Meeting in Potsdam to discuss the future of Germany and Europe, Truman, Churchill, and Stalin affirmed the London talks.
In August 1945, the four major Allied governments signed the 1945 London Agreement, which established the International Military Tribunal. The Charter of the International Military Tribunal was adjoined to the London Agreement and defined the tribunal’s constitution, functions, and jurisdiction. One judge from each of the Allied governments formed the Nuremberg tribunal, the Allied powers also supplied a team of prosecutors. The Nuremberg Charter also provided that the International Military Tribunal had the authority to prosecute and punish persons who committed any of the following crimes: Crimes Against Peace (planning and making war), War Crimes (responsibility for crimes during war), Crimes Against Humanity (racial persecution), and Conspiracy to Commit other Crimes.
The tribunal held its opening session in the Palace of Justice in Nuremberg, and the trials lasted from November 1945 to October 1946. Twenty-two Nazi political and military leaders were indicted, including Hermann Goering, Rudolph Hess, Joachim von Ribbentrop, Alfred Rosenberg, and Albert Speer. The tribunal found nineteen individual defendants guilty and sentenced them to punishments that ranged from death by hanging to fifteen years of imprisonment. Three defendants were found that they are not guilty, one committed suicide before the trial, and one did not stand trial due to physical or mental illness.
Unlike the International Military Tribunal, the International Military Tribunal for the Far East was not created by an international agreement, but it nonetheless emerged from international agreements to prosecute Japanese war criminals. In July 1945, the United States, the United Kingdom, and China signed the Potsdam Declaration, in which they stated that “We do not intend that the Japanese shall be enslaved as a race or destroyed as a nation, but stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners. The Japanese Government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established.” and urged the Japanese government to, “proclaim now the unconditional surrender of all Japanese armed forces, and to provide proper and adequate assurances of their good faith in such action.” The war in Europe had ended but the war with Japan was continuing at the time the Potsdam Declaration was signed. Nonetheless, the Potsdam Declaration was not signed by the Soviet Union because it did not declare war on Japan until the United States dropped the second atomic bomb on the city of Nagasaki.
Japan surrendered on the 14th of August 1945, six days later. Officials of the US State Department leaned toward holding an intergovernmental conference to establish special international tribunals, but the State-War-Navy Coordinating Committee came up with the plan to use the power of the Supreme Commander of the Allied Powers, General Douglas MacArthur, mindful of the experience with the London Conference where Justice Robert Jackson had enormous difficulty coming to an agreement with other delegations on the Nuremberg Charter.
At the following Moscow Conference, held in December 1945, the United States, the United Kingdom, and the Soviet Union with affirmation from China agreed to a basic structure to occupy Japan. General MacArthur was granted authority to “issue all orders for the implementation of the Terms of Surrender, the occupation and control of Japan, and all directives supplementary thereto.”
In January 1946, General Douglas MacArthur issued a special proclamation to establish the International Military Tribunal for the Far East. The Charter for the International Military Tribunal for the Far East was adjoined to the proclamation. Similar to the Nuremberg Charter, it outlined the composition, functions, and jurisdiction of the tribunal. The Charter provided for General Douglas MacArthur to assign judges to the International Military Tribunal for the Far East from the countries that had signed Japan’s instrument of surrender: Australia, Canada, China, France, the Netherlands, the Soviet Union, the United Kingdom, and the United States, as well as British India and the Philippines. Each of these countries also had a team of prosecutors. As with the International Military Tribunal, the International Military Tribunal for the Far East had jurisdiction to prosecute individuals for Crimes Against Peace, War Crimes, and Crimes Against Humanity. However, the International Military Tribunal for the Far East had jurisdiction over crimes that occurred over a greater period of time, from the Japanese invasion of Manchuria in 1931 to Japan’s surrender in 1945.
The International Military Tribunal for the Far East oversaw the prosecution of twenty-five Japanese political and military leaders. The Emperor of Japan Hirohito and other members of the imperial family were not indicted. In fact, the Allied governments allowed Emperor Hirohito to retain his position on the throne, albeit with diminished status. The trials took place from May 1946 to November 1948. The International Military Tribunal for the Far East found all defendants guilty and sentenced them to punishments ranging from death to seven years’ imprisonment.
The Nuremberg and Tokyo trials contributed significantly to the development of international criminal law and served as models for a new series of international criminal tribunals that were established in the 1990s. Moreover, the reference to “crimes against peace,” “war crimes,” and “crimes against humanity” in the International Military Tribunal Charter represented the first time these terms were used and defined in an international instrument. These terms and definitions were also adopted in the Charter of the International Military Tribunal for the Far East, and have been depicted and expanded in a succession of international legal instruments since that time. The conclusions of the Nuremberg trials also served as models for the Genocide Convention 1948, the Universal Declaration of Human Rights 1948 and paved the way for the establishment of the International Criminal Court.
In conclusion, the Nuremberg and Tokyo trials legacy itself is extraordinary, and its importance is hard to overstate. Nuremberg and the international community’s experience with the ad hoc tribunals demonstrate that international justice doesn’t have to be perfect to be good. Holding up Nuremberg to an impossible, imagined standard is neither fair nor productive.
We cannot forget that the Nuremberg and
Tokyo trials and, fifty years later, the establishment of the International
Criminal Court aimed to safeguard peace in all regions of the world. The
achievements of these great trials in elevating justice and law over inhumanity
and war give promise for a better tomorrow by paving the way to deal with
international crimes. Furthermore, the international system has made huge
contributions to the birth and development of modern international law.
Reydams, L., Wouters, J., &Ryngaert, C. (2012). The Politics of Establishing International Criminal Tribunals. International Prosecutors, 6–80.
 Bard, M. G. (2002). The Nuremberg trials. San Diego, CA: Greenhaven Press.
Piccigallo, P. R. (2011). The Japanese on Trial: Allied War Crimes Operations in the East, 1945-1951. Austin: University of Texas Press.
Carnegie Endowment for international peace. (n.d.). The Potsdam declaration: August 2, 1945. New York.
See as in reference 2.
See as in reference 1.
Taulbee, J. L. (2018). War Crimes and Trials: A Primary Source Guide. Santa Barbara, CA: ABC-CLIO, LLC.
 United Nations, International Military Tribunal for the Far East (Tokyo Charter).
 The former Yugoslavia in 1993 and Rwanda in 1994.
When Life Imitates Art
Authors: Arlene J. Schar and Dr. David Leffler*
The movie Wag the Dog was released a generation ago, one month before a presidential scandal which invited comparisons between that film and the reality of that time. Now, 23 years later, we find ourselves in the midst of yet another presidential scandal; one which has made this movie once again relevant to our times.
The premise, which hits uncomfortably close to home, is about a war fabricated to deflect attention from a president’s indiscretions. War is described as “show business” with all the trappings: slogans, nicknames, theme songs, and even merchandizing to show solidarity; all orchestrated by a media intent on projecting a party’s “alternate reality” on an unsuspecting public.
However war, whether fabricated or not, is serious business and there are casualties. Iran has recently admitted to unintentionally shooting down a Ukrainian passenger jet, blaming human error and “US adventurism” for the crash. Human error can happen, and can be especially heightened during times of war. 176 lives were lost from this particular error; how much greater would have been the loss of life if this were on a nuclear scale.
The 2014 Danish documentaryThe Man Who Saved the World tells the story of Stanislav Petrov, a former lieutenant colonel of the Soviet Air Defence Forces and his role in preventing the 1983 Soviet nuclear false alarm incident from leading to nuclear holocaust. Thankfully in this case human error was successfully averted.
Human error is something that will always be present; and so we have to ask ourselves: is it worth it, to life and to our planet, to entrust such terrible war-making forces to fallible humans? The obvious answer is no, and yet we do. What can we do to change our ways, to guarantee our safety in an uncertain world?
In an ideal world, there would be no enemies, hence no war: war would be prevented by militaries before it occurs – Victory before War. There is a little known scientifically proven way to accomplish this, by using a brain-based technology known as Invincible Defense Technology (IDT). IDT incorporates non-religious advanced techniques of Transcendental Meditation (TM) which, when practiced twice a day in large groups, has the effect of raising the consciousness of all those within its field.
Extensive peer-reviewed scientific research has repeatedly confirmed that when large groups of experts practice these advanced techniques together, a powerful field effect is generated which affects the surrounding population. This results in measurable decreases in war deaths, terrorism, and crime whenever IDT is utilized.
IDT was previously utilized in Washington D.C. over a two-month period in the summer of 1993, where 4000 meditators gathered for an experiment to lower crime. The result, as documented by an independent board of criminologists, was a 24 percent reduction in criminal violence. This profound reduction in social stress also influenced the public approval of the US president, which suddenly changed from a negative trend to a positive trend, as predicted (Reference: Social Indicators Research, 1999, 47: 153-201).
A study published in May 2019 in Studies in Asian Social Science, 6(2), 1-45, found that IDT implementation by students trained in the advanced TM techniques resulted in a 96% decline in sociopolitical violence in war-torn Cambodia as compared to violence in the preceding three years.
The Global Union of Scientists for Peace (GUSP) advocates IDT as a cost-effective, simple means to rapidly reduce the societal stresses held to be the underlying cause of terrorism and war.
Military and civilian groups in South America, Africa, and parts of Asia are currently field-testing this approach by creating Prevention Wings of the Military, using IDT to reduce crime, quell violence, create prosperity, prevent the rise of enemies, and create the conditions for lasting peace.
No nation can afford another war, and no country can feel safe as long as nuclear weapons are available to be deployed, whether intentionally or by human error. It is time for all of us to consider embarking on a new course of action, utilizing IDT to raise the global consciousness so that positive solutions can be found which do not involve war.
Because our next war may well be our last.
*Dr. David Leffler served as an Associate of the Proteus Management Group at the Center for Strategic Leadership, US Army War College. Currently, he serves as the Executive Director at CAMS.
Applicability of international law for justice: Remarks on Ukraine International Airlines Flight 752
Authors: Punsara Amarasinghe and Esshan Jayawardane*
The pandemonium erupted following Soleimani’s death seems to have encircled the embattled regime in Iran after admitting that Ukrainian flight was shot down by their force with 176 people on board. The protestors who chanted death to America at Soleimani’s funeral changed their tune when they realized the government they reverently supporting has lied to them about the cause of the air crash as a technical failure. A week after the tragedy Teheran has openly claimed that air crash was a result of human failure as a missile operator misidentified it as a cruise missile after Iran launched missiles to the US airbases in Iraq. In the meantime, Canadian prime minister Justin Trudeau’s persistent remarks on demanding justice for the victims has caused an uproar amid the tension. Indeed, 74 victims on board happened to be Canadians albeit they were either ethic Iranians or with Iranian origin. This situation raises some concern whether Canada, Sweden, Ukraine and the UK seek some judicial remedy under international law for Iran’s act of shooting down an aircraft which carried its citizens. This situation is a sheer reminder of what exactly happened in 1988 when Iranian flight was shot down by the US Vincennes, a missile cruiser of the US navy in the Persian Gulf. In the situation in 1988, Iran filed a case against the US in International Court of Justice and within the time limit fixed for the filing of its counter memorial, the USA raised preliminary objections to the jurisdictions of the court. However, both parties later entered into an agreement in a full and final settlement resulting in the closure of the case in the ICJ.
From a vantage point, the ability for Canada or other affected states to apply international law to seek justice should be mainly understood by examining the current international law measurements covering the civil aircraft. The Convention on International Civil Aviation16 (Chicago Convention) is the core document regulating international civil aviation. Its governing body, the International Civil Aviation Organization (ICAO) is responsible, amongst other duties, for minimum standards of flight safety. Iran has signed and ratified the convention, hence remained legally obliged to uphold it. It’s Article 3 has explicitly stated “The contracting states must refrain from resorting to the use of weapons against civil aircraft and in that case of interception, the lives of persons on board and safety of aircraft must not be endangered. Secondly, the Montreal Convention for the Suppression of unlawful Acts against the safety of Civil Aviation remains the other necessary black letter legal mechanism available in international law.
Also, the UN charter being the zenith of international law has framed certain conditions regarding the use of force. In particular, its Article 2 (4) requires all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” It is assumed that the use of force against a foreign civil aircraft, even within the boundaries of a nation state triggers international law in that it constitutes a “use of force” within the meaning of the above rule. In the case of the Iranian shot down of the Ukrainian flight, the issue of “Self-defense “arises as it occurred amid an escalating situation followed by Solemani’s assassination by the US Drones and Iranians military response to it. If Canada triggers international law to seek justice for its lost citizens, Iran is likely to rely on the Article 51 of the United Nations Charter which verifies member states inherent rights for the self-defense. However, it is important to consider that yardstick behind the applicability of “Self Defense “is rather subtle. Especially, the justification of applying “self-defense “has been generally referred to the situation of “imminent threat “. Even before the creation of Article 51 in the UN Charter, the scope of imminent threat was discussed as a complex issue in the early development in the 19th century international law. As an example in the Famous Caroline test affair between the USA and Great Britain, American statesman Daniel Webster described the imminent threat as “instant, overwhelming and leaving no choice of means and no moment for deliberation”. Given the scenario that flight was shot down just hours after Iran attacked two US bases in Iraq, the salient contention that one can raise is that Iranian missile operator’s deadly mistake of misidentifying the Ukrainian plane as an American missile ended up in a calamity. Nevertheless, there was no clear claim to build an imminent threat from a civil aircraft. Yet, the claim made by Teheran has affirmed shooting down of the flight was a result of human error or otherwise a mistake. The availability of remedial solutions for mistakes in international law are tiny and depends on the specific circumstances. In this particular situation liability of Iran appears to be more severe than the claim it yields by justifying the act as a result of a grave mistake. The initial Iranian attempt to obstruct the investigation in the aftermath of the air crash and its deceptive act of portraying the air crash as a result of a technical error intensifies the culpability. More importantly plane would have never met its ill fate if Iranian authorities closed down its air space on that day knowing well that hostilities with the US can easily escalate following their missile strikes. This situation upsets Iranian claim of a sincere mistake caused the tragedy as the given factors aptly show even if the mistake was an honest one, the acts Iranian state which paves the path to the catastrophic event were not reasonable.
All in all, the most less troublesome answer that can help Iran before any possible international law claim by Canada, Ukraine, Sweden or Great Britain is to admit the liability as a state and frame the reparations for those lost lives of individuals. The act of conducting a fair investigation, providing reparation and more importantly the unconditional apology as a state can avert Iran from further diplomatic isolation as a pariah state.
*Eshan Jayawardane is an independent researcher resides is Napiers, New Zealand. He completed his BA in Delhi University and completed his MA in International Relations at Jawaharlal Nehru University in New Delhi, India. He can be reached at eshan.jayawardena[at]gmail.com.
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