UN 377 should be invoked to save the Syrian people

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It is not clear how much longer and how many more thousands of Syrians have to die before Russia and China see sense and support the International Community to protect the people of Syria.

Most Arab States are now aligned against Assad. The options are narrowing and there is no hope for Arab diplomacy to make any headway.

The question is how to get around the Veto. Some legal experts believe that by invoking the obscure UN Resolution 377, also known as the “Uniting for Peace” Resolution, it would not be necessary to seek a UN Security Council Resolution.

On 27 June 1950 USA called on the UN to use force to get North Korea out of South Korea as they had ignored the Security Council Resolution of June 25th. This was voted for but Russia could not use the Veto because it was still boycotting the UN. As a result, the United States pushed through the resolution as a means of circumventing possible Soviet vetoes. The measure states that, “in the event that the Security Council cannot maintain International Peace, a matter can be taken up by the General Assembly”. This procedure has been used 10 times so far, most notably in 1956 to help resolve the Suez Canal crisis. Britain and France, which were occupying parts of the canal at the time, vetoed Security Council resolutions calling for their withdrawal. The United States called for an emergency “Uniting for Peace” session of the General Assembly, which passed a withdrawal resolution. (A simple majority vote is required.)

There is a general but not legally universal consensus that in exceptional circumstances the International Community can act to prevent human catastrophes as happened in Kosovo and Serbia in the late 1990s. In case of paralyzed United Nations Security Council and to stop flagrant war crimes against humanity, large scale violations of human rights and ethnic cleansing, all these can provide a legitimate basis for action on the part of the International Community.

Experts believe that if the Security Council is incapable of acting, a new norm of intervention by a coalition of states would seem to be entirely justified where large scale atrocities are being committed.

Atrocities and massacres are occurring daily in Syria.

Huffington Post

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