Article 51 dilemma
Friday, November 24th, 2006According to article 51 of the Charter of the United Nations, "Nothing in the present Charter shall impair the inherent right of individual or collective self defence if an armed attack occurs against a Member of the United Nations, until…". This is usually the basis used for states under attack to retaliate, even on premptive counter attack (though not the way President Bush defined it), whenever they experience an armed attack in their territory or outside their territory but against their property or threat of a certain and immediate attack (which the only situation to validate the use of preemptive attack) against them.
This right to self defense is deemed to be within proportionate measure and must still abide by the rule of arm engagement or international conflict outlined by other international laws.
It is therefor interesting, and would be an unprecedented incident if truly happened, if Ki Gendeng Pamungkas or whoever the knowledgeable individual in the field of supranatural in Indonesia threatened to "impose" a hex/curse (also known as pelet or santet) on President Bush during his visit to Bogor, Indonesia, recently.
Should something did happen to President Bush during or not long after the visit, aside from bomb attacks and other validly proven terrorism act (such as an unexplainable prolonged/acute illness, the discovery of strange objects on President’s internal organ e.g. hair, small keris, broken glass, etc), we would face an international dilemmas.
First dilemma would be, would the USA consider this a valid attack (an armed attack) despite of its unscientific explanation of its happening?
Second dilemma would be, would the USA believes that the government of Indonesia is to certain degree to be found responsible for the attack?
Third dilemma would be, would the UN Security Council, General Assembly or other states in relation to the US will concur the judgement that it was a validated armed attack against US?
Fourth dilemma would be, what would be considered a proportionate self defense or retaliation act?
In the interest of a new development of customary international law, interesting news story and a unique topic for my dissertation…I wish it would happen. No offense Mr. Bush…you could always come to Indonesia again to seek remedy for your unexplainable condition. ;D