Argentina’s Resolution Tango

I haven’t had a whine for ages. After Argentina’s performance before the 4th Committee it didn’t seem very worthwhile. After all, they desperately need a new UN General Assembly Resolution, but just don’t push for it. Which seems a little strange.

What they do, is tell the world that Britain is refusing to comply with a dozen UN Resolutions dealing with the Falklands, and generally telling the UK that it has to negotiate.

This is, of course, a complete lie.

General Assembly Resolutions is must first be recognised, are not mandatory. They are there to advise the subjects of the Members wishes and views. General Assembly Resolutions carry no weight in international law. Now Security Council Resolutions are obligatory, in that a refusal to comply is an offence in international law. Or it should be. Recent experience with SC Resolutions concerning Iraq and North Korea suggest otherwise. As did Argentina’s refusal to comply with SC Resolution 502 in April, 1982.

So perhaps no UN Resolution is really mandatory or effective.

Which raises questions about their longevity. One of Argentina’s current claims is that Britain should follow UN GA Resolution 2065 which recognises a dispute over sovereignty between the UK and Argentina over the Falkland Islands and calls for talks.

Resolution 2065 dates back to 1965 and, as a direct consequence of it, both sides sat down in an attempt to resolve their differences. Needless to say, talks were protracted and didn’t go in the direction that Argentina wished. So Argentina invaded the Islands.

The rest is history, as they say, and so is Resolution 2065. Something of a cheek then, for Argentina’s wily diplomats to accuse Britain of refusing to comply with it, 29 years after they killed it stone dead. The same can be said of Resolution 31/49 (1976), and for the same reason.

Then there were the UN GA Resolutions produced between 1982 and 1988.

37/9 (1982) calls for negotiations over sovereignty, as does 38/12 (1983) and 39/06 (1984). Resolution 40/21 (1985) superseded these by calling for negotiations to solve the problems existing between the two countries, including the Falklands, which seemed now to take a secondary position. No mention of sovereignty in that one. Nor was there any mention of a sovereignty dispute in 41/40 (1986) or 42/19 (1987).

Each of course, taking over from the one before. Inaction having rendered it/them irrelevant, out-of-date, redundant.

The last UN GA Resolution was 43/25 (1988) which called, as had the two before it, on both sides; ” to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems pending between both countries, including all aspects on the future of the Falkland Islands (Malvinas), in accordance with the Charter of the United Nations;”

And they did. Both sides sat down, talked for the first time in years and reached some agreements.

The United Nations was so happy that there hasn’t been another GA Resolution since.

So Argentina tells the world lies. Britain is not in breach of any UN GA Resolution concerning the sovereignty of the Falkland Islands.

There is another type of UN Resolution however; one which goes to the core of the UN itself; one that emanates from the Charter; one that cannot die.

One example is 1514 (1960) which talks about all peoples having a right to determine their own future; another example is 1515 (1960) which states that such peoples have the right to exploit their own resources, as does 1803 (1962).

Argentina shot itself in the foot when it invaded. That act not only killed a lot of good men, it killed off a few Resolutions too. The last effective Resolution on the subject was 1988. Britain complied.

Argentina lies !

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