US has dropped RP from Coalition of the Willing
August 7, 2004 | 12:00am
First, the Australian Prime Minister compared us to a marshmallow because President Gloria Macapagal-Arroyo recalled our Humanitarian Unit from Iraq to prevent the beheading of Filipino driver Angel de la Cruz. Now the United States has dropped us from the "coalition of the willing" because we made that concession. On this score, we would like to publish Ambassador Raul I. Goco’s opinion on the facts about our involvement with that coalition.
Here is Roco’s opinion:
"First of all let me congratulate President Gloria Macapagal-Arroyo for her sound and wise decision in recalling our so-called Humanitarian Unit from Iraq which consequently spared the life of Filipino driver Dela Cruz. But any attempt to compare the De la Cruz episode with that of the Flor Contemplacion case is an apple and orange situation except that an uproar would have resulted like in the hanging of Contemplacion if De la Cruz were beheaded. I was the Solicitor General at that time in touch with my counterpart in Singapore invoking "Diplomatic Protection" for a national but a final verdict of conviction handed down by a foreign court prevented this process from moving forward.
"I seriously doubt the legal foundation of the Coalition of the Willing which drove us to be a part. Recall that the invasion and occupation of Iraq had no authority or sanction from the UN although the US and allies tried but failed to get a favorable resolution. The UN at that time wanted more time for the US inspectors to complete the work directed at discovering and removing the alleged weapons of mass destruction. But the US was of such great hurry even by-passing the UN and compelling the formation of the so-called Coalition of the Willing. And it was right for the UN not to put its stamp of approval to the planned invasion. The UN Charter simplye does not authorize war: in fact it has outlawed it except in the case of self-defense under Article 51 of the Charter. Long before the effectivity of the Charter, war was already renounced as an instrument of national policy. That was the treaty for the renunciation of war ratified by 62 states and took effect on August 27, 1928 otherwise known as the Kellogg-Briand Pact. The principles of International law embodiedin the Charter such as the equal rights and self-determination of people, the sovereign equality and independent of all States, the non-interference in the domestic affairs of States, the prohibition of the threat or use of force and fundamental freedoms for all, have all been breached and violated by the invasion and occupation of Iraq. I know it at the time that the invasion and occupation of Iraq would ahve dire consequences in International law not to mention the killing and loss of lives on the part of the Iraquis and the occupying forces. I have searched in vain for any International Law tha would authorize invasion of a sovereign country. My own participation as a member of the UN International Law Commission, a body that crafts, drafts, and codifies International laws failed to identity any law or precedent that would permit an invasion and occupation of a sovereign country, a member at that of the United Nations. The US Senate investigation on the faulty intelligence work relied upon by the participating Governments had even compoundedthe problem of initiating and waging war without basis and against International laws. So there is no regret that by withdrawing our forces from Iraq, consequentially we will be putting out from our involvement in the Coalition of the Willing."
Here is Roco’s opinion:
"First of all let me congratulate President Gloria Macapagal-Arroyo for her sound and wise decision in recalling our so-called Humanitarian Unit from Iraq which consequently spared the life of Filipino driver Dela Cruz. But any attempt to compare the De la Cruz episode with that of the Flor Contemplacion case is an apple and orange situation except that an uproar would have resulted like in the hanging of Contemplacion if De la Cruz were beheaded. I was the Solicitor General at that time in touch with my counterpart in Singapore invoking "Diplomatic Protection" for a national but a final verdict of conviction handed down by a foreign court prevented this process from moving forward.
"I seriously doubt the legal foundation of the Coalition of the Willing which drove us to be a part. Recall that the invasion and occupation of Iraq had no authority or sanction from the UN although the US and allies tried but failed to get a favorable resolution. The UN at that time wanted more time for the US inspectors to complete the work directed at discovering and removing the alleged weapons of mass destruction. But the US was of such great hurry even by-passing the UN and compelling the formation of the so-called Coalition of the Willing. And it was right for the UN not to put its stamp of approval to the planned invasion. The UN Charter simplye does not authorize war: in fact it has outlawed it except in the case of self-defense under Article 51 of the Charter. Long before the effectivity of the Charter, war was already renounced as an instrument of national policy. That was the treaty for the renunciation of war ratified by 62 states and took effect on August 27, 1928 otherwise known as the Kellogg-Briand Pact. The principles of International law embodiedin the Charter such as the equal rights and self-determination of people, the sovereign equality and independent of all States, the non-interference in the domestic affairs of States, the prohibition of the threat or use of force and fundamental freedoms for all, have all been breached and violated by the invasion and occupation of Iraq. I know it at the time that the invasion and occupation of Iraq would ahve dire consequences in International law not to mention the killing and loss of lives on the part of the Iraquis and the occupying forces. I have searched in vain for any International Law tha would authorize invasion of a sovereign country. My own participation as a member of the UN International Law Commission, a body that crafts, drafts, and codifies International laws failed to identity any law or precedent that would permit an invasion and occupation of a sovereign country, a member at that of the United Nations. The US Senate investigation on the faulty intelligence work relied upon by the participating Governments had even compoundedthe problem of initiating and waging war without basis and against International laws. So there is no regret that by withdrawing our forces from Iraq, consequentially we will be putting out from our involvement in the Coalition of the Willing."
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