Originally posted by: etech
Originally posted by: DaiShan
Originally posted by: HJD1
DaiShan
The money from the oil is still going into the escrow account set up for the oil for food program. I can't find who controlls the fund, it does not sound like the secretary general does however. Also hjd1 - the oil is under contractual obligations from deals made with the previous government according to their foreign minister.
International law is an interesting read. So is Article 51 of the UN Charter. According to 51, if the US invaded Iraq for self defense reasons The UN still retains control of the issue. Now without a government in place, notwithstanding the lifting of sanctions and all that, the contractual obligations of the former government are not enforceable until the issue is litigated..(my read of this) or ratified, given the illegal conditions under which they occurred... voidable vs void.. , by the people of Iraq. The illegal conditions were the sale of oil for purposes other than allowed under UN sanctions.
Not to be overly adversarial here, but it really doesn't matter how you read it, right now that is what is being done, there is an interim iraqi government and they are upholding the oil for food program. It isn't anarchy over there, it isn't stable, but they do have a primitive form of government set up for the time being. It is not for the United States, nor any other country to invade on the soverign oil fields of iraq and decide who gets what. As the bush administration has said in their justification for the oil for food program "The oil belongs to the iraqi people" That seemingly innocent statement may end up being the doubl-edged sword that cuts them.
/edit and btw, you may want to do a little reading up - your contention that "The illegal conditions were the sale of oil for purposes other than allowed under UN sanctions" The United Nations not only apporved the oil for food program (also suggested it) but they approved it UNANIMOUSLY So unless you are going to hold the United Nations in breech of United Nations sanctions, you may wish to re-think your stance.
sigh, you try so hard yet have so little knowledge.
Resolution 1483 (2003)
12. Notes the establishment of a Development Fund for Iraq to be held by the
Central Bank of Iraq and to be audited by independent public accountants approved
by the International Advisory and Monitoring Board of the Development Fund for
Iraq and looks forward to the early meeting of that International Advisory and
Monitoring Board, whose members shall include duly qualified representatives of
the Secretary-General, of the Managing Director of the International Monetary
Fund, of the Director-General of the Arab Fund for Social and Economic
Development, and of the President of the World Bank;
13. Notes further that the funds in the Development Fund for Iraq shall be
disbursed at the direction of the Authority, in consultation with the Iraqi interim
administration, for the purposes set out in paragraph 14 below;
14. Underlines that the Development Fund for Iraq shall be used in a
transparent manner to meet the humanitarian needs of the Iraqi people, for the
economic reconstruction and repair of Iraq?s infrastructure, for the continued
disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other
purposes benefiting the people of Iraq;
15. Calls upon the international financial institutions to assist the people of
Iraq in the reconstruction and development of their economy and to facilitate
assistance by the broader donor community, and welcomes the readiness of creditors,
including those of the Paris Club, to seek a solution to Iraq?s sovereign debt
problems;
16. Requests also that the Secretary-General, in coordination with the
Authority, continue the exercise of his responsibilities under Security Council
resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a
period of six months following the adoption of this resolution, and terminate within
this time period, in the most cost effective manner, the ongoing operations of the
?Oil-for-Food? Programme (the ?Programme?), both at headquarters level and in the
field, transferring responsibility for the administration of any remaining activity
under the Programme to the Authority, including by taking the following necessary
measures: