SUSTAINABLE PEACE & SECURITY FOR THE SINJAR YAZIDIS UNDER UNGAR 39/11 (1984) AND ARTICLE 39 OF THE UN CHARTER ETC.
SUSTAINABLE PEACE & SECURITY FOR THE SINJAR YAZIDIS UNDER UNGAR 39/11 (1984) AND ARTICLE 39 OF THE UN CHARTER ETC.
Copyright © September 2022, The Software Suite and A.J. Hakimi LLB(Hons)(Wolverhampton), CLP(Hons), CMSA [CFI Vancouver]. All Rights Reserved.
Pursuant to UNGAR 39/11 (1984) in which the Declaration on the Right of Peoples to Peace was enunciated, the Sinjar Yazidis and other minorities of the Sinjar population, have the sacred Right To Peace. The UNSC, as a premier global body and one of the principal organs of the UN, has to do its utmost to assist in the implementation of the right of the Sinjar Yazidis to peace through the adoption of appropriate measures at the international level.
Without security measures, there will not be sustainable peace. In furtherance, UNSCR 1325 and other succeeding UNSC resolutions demonstrate that women’s equal and meaningful participation in peace and security efforts is vital to sustainable peace.
Thus, the Sinjar Yazidis exercise of their sacred right to peace must further entail the UNSC’s determination of the existence of any threat to the peace, breach of the peace, or act of aggression in the Sinjar area/zone and the UNSC’s recommendations towards the maintainance or restoration of sustainable peace and security of the Sinjar Yazidis.
The UN is bound by its own Charter — so are its principal organs including the UNSC. The UN Charter, the lex specialis includes the obligations to determine the existence of a threat to the peace (Article 39) and to take measures that are proportional (i.e., necessary and appropriate) to counter the threats. Hence, the UN & UNSC are also bound by general international law — the lex generalis. This lex generalis includes both jus cogens, but also elements of the jus dispositivum, including human rights obligations, which is not automatically cast aside by the operation of Article 103 of the UN Charter.
A posteriori logic based on empirical, experience-based logic postulates that the obligation of the UNSC under Art.39 itself gives right to the Sinjar Yazidis to compel the UNSC itself to determine the existence of threats to the peace of Sinjar and to take proportional measures to counter the threats as a population affected by threats to its peace and security towards ensuring sustainable peace and security for the Sinjar Yazidis.
Copyright © September 2022, The Software Suite and A.J. Hakimi LLB(Hons)(Wolverhampton), CLP(Hons), CMSA [CFI Vancouver]. All Rights Reserved.
