Aengus Ó Snodaigh
Question:115 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he has raised concerns with the US Government over the shooting dead of 15 protesters by the US military in Falluja last week. [12579/03]
Written Answers. - Foreign Conflicts.
The Government is aware of the incidents to which the Deputy refers. The circumstances remain unclear and we understand are being investigated by the US authorities.
The Government has, from the outset, urged all parties to the conflict to respect their obligations under international humanitarian law, in particular their obligations toward the civilian population of Iraq. The Governments concerned are aware of our views which are widely shared by the international community.
Aengus Ó Snodaigh
Question:116 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his views on the statement made aboard the USS Abraham Lincoln by the US President on 1 May 2003 with respect to the possible extension of the doctrine of pre-emption and the so-called war on terror to other theatres. [12580/03]
The Government takes the view that threats to international peace and security should be dealt with in accordance with the Charter of the United Nations, which confers primary responsibility for international peace and security on the Security Council.
Article 2(4) of the United Nations Charter contains a general prohibition on the use of force in international relations, subject to two exceptions, both set out in Chapter VII of the charter. These are self defence, Article 51, and collective enforcement action authorised by the Security Council in response to threats to or breaches of international peace and security or acts of aggression, Article 42.
Article 51 of the charter recognises the right of states to take action in pursuit of individual or collective self-defence if an armed attack occurs against a member of the United Nations. The charter requires states taking such action to notify the Security Council immediately.
It is widely accepted that the right to self-defence encompasses an entitlement to take limited and proportionate action where necessary to counter the threat of imminent attack. In any case, it is clear from the charter that the right to act in self-defence is recognised only until such time as the Security Council has taken measures necessary to maintain or restore international peace and security.
With regard to the response of the international community to terrorism, the Deputy will also be aware that the United Nations Security Council unanimously adopted Resolution 1373 on 28 September 2001. This resolution imposes obligations on member states under Chapter VII of the UN Charter and is a comprehensive and specific statement of the international community's determination to deny terrorists the tools of their trade – finance, arms and shelter.
The resolution obliges member states,inter alia, to: criminalise the provision or collection of funds which are to be used to carry out terrorist acts; freeze funds of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; and prohibit their nationals or any persons and entities within their territories from making any funds available for the benefit of persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts.
Ireland continues to support the full implementation of this key resolution. We welcome progress made by the counter terrorism committee, CTC, in monitoring implementation by all UN member states and strongly support the next stage in this process which will be to provide targeted assistance to states whose capacity to fight terrorism may require strengthening. The CTC is working closely with international and regional organisations, such as the EU, in this task.