In the last chapter the requirement from fuel oil and nuclear weapons was discussed and how the international order is maintained to keep a constant supply to the world. In this chapter the discussion looks at the judicial frame work that the world in entering.
Article 2(4) of the United Nations Charter states
All members shall refrain in their international relations from the threat of or use of force against the territorial integrity or political independence or any state or in any other matter inconsistent with the purposes of the United Nations.
Aggression adopted in United Nations General Assemble Resolution 3314 of December 1974:
Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political integrity or political independence or another State…(and)first use of armed force by a State… shall constitute proma facie evidence of ‘an act of aggression’
However, Article 51 of the United Nations Charter declares:
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member or the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.
Most governments take the view Article 51 means the right of self-defense. This is contingent on a prior armed attack and without this it would be illegal. Then there is the view that anticipatory self-defense – a pre-emptive strike – where the UN Security Council rails to act or where danger is imminent or there is large-scale aggression threatened.(Dr. Gary Klintworth, 2002). The USA used this strike in Sudan and Afghanistan under the Clinton Administration with cruise missile attacks. These seem to be confined to ‘rogue’ states like the Axis of Evil (Iran, North Korea and the then Iraq). These strikes would not be against “peers” like China, India or the residual nuclear threat from Russia.(G. K. Jacobs, 2002)
When Iraq was against the United Nations with a track record for invasion of other countries then Iraq posed two much of a threat. UN Security Council Resolution 1441 of November 2002 found Iraq to be in ‘material Breach’ of its obligations to show that it had disarmed itself of WMD(Dr Gary Klintworth, 2003). It was warned of ‘the serious consequencees and with almost 20 UN security Council resolutions that had been deliberated upon, argued over, and finally passed in the preceding decade the Peace keeping force of the UN enforced the resolutions.(Dr Gary Klintworth, 2003).
According to the Chinese every thing after the Iraq invasion of Kuwait was about utterly crushing the regime that lead to the invasion. It was seen that the 1991 Gulf war was the breaking of the ribs of Iraq, the sanctions was broke the teeth of the Iraq military and the Weapons inspectors disrupted the Iraq rearmament so that the UN force could ready to regime change by tying the hands and feet of Iraq until 2003 when 30 nations worked together to exact regime change(Zhu, 2003).
As religion has played a major part in the Middle East it is only right to map out a future that is also instrumental on understanding religion. The quote below is provided to give a context to the Baha’i Faith from the vantage point of 1920 and from there develop the legal frame work that brings us up to the present day(Effendi, 1974).
"Palestine," is the testimony of Prof. Norman Bentwitch, a former Attorney-General of the Palestine Government, "may indeed be now regarded as the land not of three but of four Faiths, because the Baha'i creed, which has its center of faith and pilgrimage in Akka and Haifa, is attaining to the character of a world religion. So far as its influence goes in the land, it is a factor making for international and inter-religious understanding." "In 1920," is the declaration made in his testament by the distinguished Swiss scientist and psychiatrist, Dr. Auguste Forel, "I learned at Karlsruhe of the supraconfessional world religion of the Baha'is, founded in the Orient seventy years ago by a Persian, Baha'u'llah. This is the real religion of `Social Welfare' without dogmas or priests, binding together all men of this small terrestrial globe of ours. I have become a Baha'i. May this religion live and prosper for the good of humanity! This is my most ardent desire.
[1]"
This document was written around the time 1917 Balfour Declaration, 1919 British army occupies Baghdad from Turkey, 1920 Great Britain Assigned mandate for Iraq. Iraqi nationalist revolt and the formation of the League of Nations. After 4 years however the Iraq Government let Shi’it take over the old residence of Baha’u’llah and appeals where made to seek justice.
These efforts would not appear to correspond fully to the engagements resulting from the British Government’s declaration, which was approved by the Council on September 27, 1924, and renewed by the British Government in 1926, whereby the Treaty of Alliance between the British Government and ‘Iráq ‘was to insure the complete observance and execution in ‘Iráq of the principles which the acceptance of the mandate was intended to secure
[2].
It continues to show the League of Nations outlining international co-ordination between nations(Effendi, 1979).
This grave censure pronounced by the Mandates Commission of the League of Nations on the administration of justice and the general conduct of affairs in ‘Iráq, as well as the association of the humiliation afflicting Bahá’u’lláh’s sacred dwelling-place with the obligations implied in the Treaty of Alliance binding the Governments of Great Britain and ‘Iráq, not only proclaim to the world the enhanced prestige of that hallowed and consecrated spot, but testify as well to the high sense of integrity that animates the members of the League’s honored Commission in the discharge of their public duties
[3].
And from the Guardian of the Baha’I faith after gaining the necessary instructions we see similar imploring of the Iraq Government to adopt international instructions. This is reminiscent of what happened with the United nations with the same country 80 years latter.
Dearly-beloved co-workers! Much has been achieved thus far in the course of the progress of this complicated, delicate and highly significant issue. The Bahá’í world is eagerly expectant, and fervently prays, that the Almighty may graciously assist the Government chiefly responsible for the well-being of ‘Iráq to take “without delay” such steps as will insure the execution of the considered judgment of the representatives of the Sovereign States, members of the Council, and signatories of the Covenant, of the League of Nations
[4].
This next passage covers the history of the League of Nations that had no peace keeping capability, through the development of the atomic bomb then onto the formation of the United nations and then on to the action of the United nations in the 1991 Gulf war(Universal-House-of-Justice, 2001).
Primarily, this new birth of hope had resulted, as Shoghi Effendi had foreseen, from the "fiery ordeal" that had at last succeeded in "implanting that sense of responsibility" which leaders earlier in the century had sought to avoid. To this new awareness had been added the effects of the fear induced by the invention and use of atomic weapons, a reaction calling to mind for Bahá’ís the Master’s prescient statements in North America that ultimately peace would come because the nations would be driven to accept it. The Montreal Daily Star had quoted Him as saying: "It [peace] will be universal in the twentieth century. All nations will be forced into it." The years immediately following 1945 witnessed advances in framing a new social order that went far beyond the brightest hopes of earlier decades.
Most important of all was the willingness of national governments to create a new system of international order, and to endow it with the peacekeeping authority so tragically denied to the defunct League. Meeting in San Francisco in April 1945—in the state where ‘Abdu’l-Bahá had prophetically declared, "May the first flag of international peace be upraised in this state"—delegates of fifty nations adopted the Charter of the United Nations Organization, the name proposed for it by President Franklin D. Roosevelt. Ratification by the required number of member nations followed that October, and the first General Assembly of the new organization convened on 10 January 1946, in London. In October 1949, the cornerstone of the United Nations’ permanent seat was laid in New York City, hailed by ‘Abdu’l-Bahá thirty-seven years earlier as the "City of the Covenant". During His visit there He had predicted: "There is no doubt that … the banner of international agreement will be unfurled here to spread onward and outward among all the nations of the world."
Significantly, it was also on the initiative of a political leader of one of the Western hemisphere nations which had been addressed by Bahá’u’lláh, that His summons to collective security—first reflected in the nominal sanctions voted by the League of Nations against Fascist aggression in Ethiopia—was at long last given practical effect. In November 1956, Lester Bowles Pearson, then External Affairs Minister and later Prime Minister of Canada, secured the creation by the United Nations of its first international peacekeeping force, an achievement which won its author the Nobel Prize for Peace. The full nature of the authority contained in such a mandate would steadily emerge as a major feature of international relations during the second half of the century. Beginning with the policing of agreements worked out between hostile states, the principle of collective action in defense of peace gradually took on the form of military interventions such as that of the Gulf War, in which compliance with Security Council resolutions was imposed by force on aggressor factions and states
[5].
The question is asked…is true that Bahá’ís are not pacifists since we uphold the use of force in the service of Justice and upholding law(The-Universal-House-of-Justice, 1985).
But we do not believe that war is ever necessary and its abolition is one of the essential purposes and brightest promises of Bahá’u’lláh’s revelation. His specific command to the kings of the earth is: “Should any one among you take up arms against another, rise ye all against him, for this is naught but manifest justice.” (Tablet to Queen Victoria, “The Proclamation of Bahá’u’lláh”, p. 13) The beloved Guardian has explained that the unity of mankind implies the establishment of a world commonwealth, a world federal system, “...liberated from the curse of war and its miseries in which Force is made the servant of Justice...” whose world executive “backed by an international Force,...will safeguard the organic unity of the whole commonwealth.” This is obviously not war but the maintenance of law and order on a world scale. Warfare is the ultimate tragedy of disunity among nations where no international authority exists powerful enough to restrain them from pursuing their own limited interests. Bahá’ís therefore ask to serve their countries in non-combatant ways during such fighting; they will doubtless serve in such an international Force as Bahá’u’lláh envisions, whenever it comes into being.
(11 September 1984 to an individual believer)
[6]
The coming of age of humanity was set out in the Most Holy Book, The Kitab-i-Aqdas written in 1873 and published in 1992 in English.
O members of parliaments throughout the world! Select ye a single language for the use of all on earth, and adopt ye likewise a common script. God, verily, maketh plain for you that which shall profit you and enable you to be independent of others. He, of a truth, is the Most Bountiful, the All-Knowing, the All-Informed. This will be the cause of unity, could ye but comprehend it, and the greatest instrument for promoting harmony and civilization, would that ye might understand! We have appointed two signs for the coming of age of the human race: the first, which is the most firm foundation, We have set down in other of Our Tablets, while the second hath been revealed in this wondrous Book
[7].
It states that the two signs of the coming of ages was the adoption of an international Auxiliary language and secondly a Divine Philosophy that will be marked by the radical transmutation of the elements(Baha'u'llah, 1992).
The first sign of the coming of age of humanity referred to in the Writings of Baha'u'llah is the emergence of a science which is described as that "divine philosophy" which will include the discovery of a radical approach to the transmutation of elements. This is an indication of the splendors of the future stupendous expansion of knowledge
[8].
In the case of radical transmutation of the elements we see this in the science of nuclear and genetics. In the case of the international auxiliary language the use of computers and the binary code, (0,1) in the use of computers and their connections via the telephone lines that links nations and people together in a way that is the starting of the learning a language that lets all people of the world communicate together regardless of where they are from or their mother tongue.
Concerning the "second" sign which Baha'u'llah indicates to have been revealed in the Kitab-i-Aqdas, Shoghi Effendi states that Baha'u'llah, "...in His Most Holy Book, has enjoined the selection of a single language and the adoption of a common script for all on earth to use, an injunction which, when carried out, would, as He Himself affirms in that Book, be one of the signs of the `coming of age of the human race'"
[9]
These elements coming together thus required a new state of mind, divine philosophy, for looking at world order, a new world order, both in the Middle East and for the world as a whole, which transcends nation states sovereignty, guards human rights and covers the underlying control of nuclear exchange prevention: where the prescription is to utterly crushing a regime that invades another country and do this by a coalition force of many nations that comes together under the United Nations umbrella of international law so force is made to serve justice(B. B. H. r. Cooper, 2004).
Further insight into this process of mankind’s coming of age and proceeding to maturity is provided by the following statement of Bahá’u’lláh:
One of the signs of the maturity of the world is that no one will accept to bear the weight of kingship. Kingship will remain with none willing to bear alone its weight. That day will be the day whereon wisdom will be manifested among mankind.
The coming of age of the human race has been associated by Shoghi Effendi with the unification of the whole of mankind, the establishment of a world commonwealth, and an unprecedented stimulus to “the intellectual, the moral and spiritual life of the entire human race
[10]“.
[1] Shoghi Effendi (1979 2nd Ed) God Passes By US Bahá’í Publishing Trust p. 375
[2] Shoghi Effendi (1974 ed) Baha’I Administration US Bahá’í Publishing Trust p.176
[3] Ibid. p. 178
[4] Ibid p.179
[5] [5] Universal House of Justice (2001) The Century of Light Haifa, Israel: Baha’I World Centre.pp.71-72
[6] Universal House of Justice (1985) Peace Compiled by the Research Department of the Universal House of Justice, Bahá’í World Centre, August 1985
[7] Baha’u’llah (1992 Edition) Kitab-i-AqdasI Haifa, Israel:Universal House of Justice p.88
[8] Ibid. p.250
[9] Ibid. p.251
[10] Ibid. p.251