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WHAT HE SAID AND WHAT HE WROTE
not possible from the point of view of protecting innocent civilians
and preventing terrorist way of combat. Those who criticize
government acts by human rights standards should take into
account these aspects and think twice before pushing governments
towards the application of international law.
4. In resolutions 2674 and 2852 entitled "respect for human
rights in armed conflict", the General Assembly urges that "in order
effectively to guarantee human rights, all States should devote
their efforts to averting... armed conflicts....", and talk about "the
earliest termination of such conflicts".
Now I ask what this commission or NGO's or the international
community has done to date to help avert or terminate armed
conflicts in order to guarantee respect for human rights. I submit,
what we wittingly or unwittingly do usually contributes to internal
conflicts.
4.1. Amnesty International in its recent publication entitled
"Getting away with Murder" says “(It) never comments on the
legitimacy or illegitimacy of rebellion. It does not oppose the use of
force per se by opposition groups, only the abuse of human rights.
It does not say that political goals can never justify violence." (p.46)
I submit, not only Amnesty International, but many other NGO's
and some governments not only are not opposed to violence, but
also support violence, assuming that this violence, a product of
government repression, is defensive.
4.2. Nevertheless, our rapporteur on torture Mr. Rodley explains
everything in an article. 1 He says, “…. it was noted that civil wars...
have largely replaced aggression between States as the principal
outlet for the war urge. Furthermore, civil wars are no longer
merely conflicts between domestic forces within a State; instead
they have become limited wars between outside powers, usually
the superpowers, using domestic surrogates." (page 724) “... (E)ach
major power is free to extend help to forces within another
sovereign state, regardless whether those forces are characterized
as ethnic or linguistic rebels, freedom fighters, military officers
1 Tho mas M. Franc, Ni gel S. Rod ley, Le gi ti macy and Le gal Rights of Re vo lu tio nary Mo ve ments
with Spe ci al Re fe ren ce to the Pe op le's Re vo lu tio nary Go vern ment of So uth Vi et nam, the Vi -
et nam War and In ter na tio nal Law The Wi de ning Con text, Ame ri can So ci ety of In ter na tio nal
Law, edi ted by Ric hard A. Falk, Vo lu me 3, Prin ce ton Uni ver sity Press, Prin ce ton, New Jer -
sey, 1972, pp 723-737.
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