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This page is the English version of Almasirah Media Network website and it focuses on delivering all leading News and developments in Yemen, the Middle East and the world. In the eara of misinformation imposed by the main stream media in the Middle East and abroad, Almasirah Media Network strives towards promoting knowledge, principle values and justice, among all societies and cultures in the world

Legal, Ethical Responsibility of the UN While Failed in Stopping Gaza Genocide

World: The United Nations is not like the Red Cross or the Red Crescent; its role is not limited to some humanitarian aspects that are sometimes distorted. This organization is governed by binding international legal rules that it cannot violate, and it is obligated to suppress states that breach these rules. It possesses the necessary means to do so according to its Charter.

 

It is our duty—both as human rights activists and media professionals—in confronting the crimes of the colonial Zionist-Western powers in all their forms and manifestations, to document the falsehoods, misinformation, and deviations from the original, proper human values and principles. These values have often been championed by many countries and international organizations, foremost among them the United Nations, which adorned its Charter with various terms and phrases affirming these values.

The UN, established on the ruins of the collapsed League of Nations due to its failure to prevent the great tragedies that befell humanity in the first half of the last century, enshrined these values in its Charter to keep the painful past ever-present and prevent its recurrence. The provisions of this Charter represent the legal basis for the responsibility placed on the United Nations in case of its failure or breach in fulfilling its international duties and obligations as stipulated in its Charter. Among these obligations is the preamble of the Charter which states: "We the peoples of the United Nations determined:

 

-To save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
-To reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
_To establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
-To promote social progress and better standards of life in greater freedom."

Notably, the discourse begins with the peoples, recognizing that they are the conscious element of nations, having endured the tragedies and pains. The discussion does not start with governments, which caused these tragedies during the World Wars, and this is embodied in the UN Charter, committing to prevent their recurrence to protect future generations from their scourges.

The philosophical and humanitarian values and principles contained in the UN Charter's preamble are commendable. The UN went beyond merely enshrining these principles in its texts, reflecting its concern and care for the lives of all peoples and nations, irrespective of size, gender, or age, without discrimination. The Charter states the methods and mechanisms to ensure its commitments are implemented: "In order to achieve these ends, we have resolved:

 

-To practice tolerance and live together in peace with one another as good neighbors, and
-To unite our strength to maintain international peace and security, and
-To ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest."

However, in reality, there is no tolerance, peace, or security. Western colonial powers, who shed crocodile tears while drafting the UN Charter, have excessively used armed force against vulnerable peoples to plunder their resources, fulfilling their own desires at the expense of the blood, dismemberment, and humiliation of these peoples. 

This behavior of the Western colonial powers has persisted since the UN's establishment in 1945 to this day. The theoretical principles and humanitarian values have had no real impact, and the UN has not taken a significant stance in implementing the legal provisions of its Charter to prevent the tragedies of war.

 

If we trace the statistics of the crimes committed by the Zionist-Western colonial powers since the establishment of the UN, we find that the atrocities they have inflicted on humanity in the so-called Third World surpass the tragedies they lamented after the World Wars. The UN has been largely absent in the face of these atrocities, leaving the peoples to their illusion of progress while enabling the colonial powers to ravage, humiliate, and plunder them.

The UN is present but not for the benefit of the oppressed peoples, rather for the colonial powers and their agents. In the case of Yemen, the UN has clung to the legitimacy of individuals (Hadi), despite its Charter’s preamble focusing on peoples, not individuals, states, or governments.

The UN has violated its own Charter, particularly Article 2, Paragraph 7, which states: "Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter."

 

It is evident that the UN has no authority to intervene in the internal affairs of any state, especially in choosing its own leadership. If the UN does not have this right, it certainly does not extend to member states of the organization, whether directly or indirectly. Such intervention is entirely prohibited to respect the will of the people. Nevertheless, the UN has embraced what is prohibited by its Charter, representing a grave deviation from its duties and international obligations, exemplified in its stance towards the Yemeni people.
When we discuss the responsibility of the United Nations, we are addressing it as an independent legal entity separate from the member states that compose it. By virtue of this independent legal personality, the United Nations bears all obligations independently, without involvement from the member states, whether large or small.

This organization has a legal personality separate from all countries according to its Charter. This was confirmed by the International Court of Justice in its advisory opinion issued on April 11, 1949, regarding compensation for damages resulting from work with the United Nations, in the case of the assassination of Count Folke Bernadotte, a UN envoy, by Zionist gangs in Palestine.

In its advisory opinion, the Court stated, "Fifty states representing a vast majority of the international community possess the capacity, under international law, to create an entity endowed with objective international personality and not merely a personality recognized by them alone." 

Based on this personality, the United Nations bears full responsibility for violations of the rules and principles stated in its Charter and in international law. This underscores the independence of the organization in its duties and the responsibilities arising from its violations, separate from the duties and responsibilities of the member states. The Court further emphasized that "the possession of international personality by the United Nations is indispensable for the fulfillment of its purposes and principles."

This implies that the International Court of Justice recognizes that the legal personality of the United Nations is essential for achieving the objectives of the Charter, which include protecting humanity from the scourge of war and maintaining international peace and security. 

This means that the international organization must be independent and not subject to any state, regardless of its power. The functions and rights of the organization can only be interpreted based on its substantial degree of international personality. 

However, there have been numerous instances where peoples have suffered invasion, occupation, and the destruction of their state structures by aggressive and arrogant powers, leading to internal chaos and conflict within the devastated states.

 

This is in line with their plans for domination, arrogance, and colonialism, all while the United Nations remains shamefully silent and blatantly shirks its responsibilities in the face of the atrocities committed by these criminal powers against peaceful and stable peoples, turning their infrastructure into rubble and their inhabitants into corpses, disabled individuals, displaced persons, refugees, and the homeless.

The rapid destruction of states and the dismantling of peoples by Zionist-Western colonial powers was facilitated by the quick collapse of the armies and armed forces of those states, turning them into groups fighting among themselves, as has happened and is happening in some countries in the Middle East.

Despite all this, the responsibility of the United Nations for its failure to prevent colonial powers from committing atrocities against the peoples of these states and completely destroying their infrastructure has not been raised. The aim was to monopolize the plundering of their resources and capabilities in the absence of national authority to protect the state's resources and the wealth of the people, or in the presence of a client authority beholden to hegemonic and colonial powers.

The most recent of these crimes is the ongoing genocide of the Palestinian people in Gaza and the destruction of its infrastructure. In light of all this, the United Nations has failed and even abandoned its duties to provide protection to the Palestinian people in accordance with its Charter obligations. 

This is similar to its previous abandonment of its duties and obligations towards the Yemeni people, whose state was subjected to destruction and fragmentation with the aim of occupation and plundering its wealth, and controlling its strategic location. This is clearly evidenced by the data before, during, and after the aggression.

If the Zionist entity and its Western partners in the crime of genocide had managed to displace the Palestinian people from their land or crush their honorable and free resistance, and similarly, if the aggressor states had managed to conclude the war as planned in days or months, forcing the Yemeni people to surrender or imposing a client authority, the responsibility of the United Nations would not have been raised.

Thanks to God first, and then to the legendary resilience of the Palestinian people in Gaza in facing the crimes of the Zionist-Western powers for over eight months, and similarly to the Yemeni people under wise leadership in facing the coalition of aggression and the colonial Zionist-Western powers behind it for a decade.

This resilience has given the Yemeni people a great honor and position, actively contributing to supporting the Palestinian people in Gaza and all occupied Palestine, while most Arab and Islamic countries remain silent, and the United Nations deviates from its duties and commitments in an unprecedented manner. 

It has stood for more than eight months as a spectator to the genocidal crimes committed by the Zionist occupiers and their Western partners, led by the US administration. The danger of this deviation by the international organization lies in the fact that the Palestinians have been under occupation for nearly eight decades, and according to international law, they deserve protection more than any other sovereign and independent peoples. The deviation and failure of the United Nations in fulfilling its commitments and duties towards the Palestinian people surpasses the deviation and failure that led to the collapse of the League of Nations.

From the above, it can be said that the responsibility of the United Nations for its failure to fulfill its international duties and obligations is based on legal, judicial, humanitarian, and ethical grounds. It is expected that the structural collapse of the international organization will occur soon, following its moral, humanitarian, and ethical collapse after it unlawfully took the land of the Palestinian people in the 1940s and granted it to the criminal Zionist entity.

 

Written by Abdulrahman Al-Mokhtar, Translated by Almasirah English website

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This page is the English version of Almasirah Media Network website and it focuses on delivering all leading News and developments in Yemen, the Middle East and the world. In the eara of misinformation imposed by the main stream media in the Middle East and abroad, Almasirah Media Network strives towards promoting knowledge, principle values and justice, among all societies and cultures in the world

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