Unser Politikblog | 04.10.2017
In the beginning of July 2017, the escalation of the Syria conflict has again been narrowly prevented.
This press declaration is not about assignments of guilt, but about irresponsible lines of thoughts and of actions and about identifications with those, and about how just in time an exit of those has succeeded.
At the 17.06.2017, the human rights activist Sarah Luzia Hassel-Reusing, Wolfgang Effenberger, and Gabriela-Schimmer-Göresz have filed a constitutional complaint (file number 2 BvR 1400/17) against the resolution of the Bundestag (Lower House of the German national parliament) of the 09.11.2016 on the prolongation and expansion of the Syria deployment of the Bundeswehr (German army).
Wit letter of the 03.07.2017, they have vividly just in time explained further the then acute escalation dangers of the Syria conflict, in order to point out, that interim injunctions applied for have not only been urgently necessary because of the unlawfulness of the German Syria deployment, but also as a decisive signal in order to just prevent the escalation to thermonuclear war.
The letter has explained, that the shifting of the Bundeswehr from Turkey to Jordan is in no way comparable to the interim injunctions applied for, since the Bundeswehr this way is redeployed closer to the focal point Al-Tanf.
That time, the USA and Great Britain, had, together with 4,500 fighters moderately labelled as „Free Syrian Army“, invaded to Al-Tanf in the South-East of Syria, have unilaterally proclaimed there in a wide area around Al-Tanf a „deconfliction zone“, and have at the 18.05.2017, at the 06.06.2017, and at the 08.06.2017, shot at Shiite militias allied with Syria respectively at the Syrian army. And at the 20.06.2017, a Syrian drone has been shot down near Al-Tanf. In the name of the ad hoc alliance „International Alliance in the Fight against Isis“, to which also Germany and the NATO belong, it has been announced at the 20.06.2017 regarding those incidents, that, in view of the recent events, the alliance would not allow any airforced sided with the Syrian government to get close to the troops of the alliance or of its partners.
Also in the province Raqqa, the conflict was threatening to get out of control. The USA have, at the 18.06.2017, shot down a Syrian fighter jet, which has been said to have bombarded before troops of the SDF at the front line between the Kurdish-led SDF and Isis close to the town Ja'din, whereas according to announcements by the Syrian government, that fighter jet had bombarded Isis. On that incident, it has been announced in the name of the „International Alliance in the Fight against Isis“, that the alliance will defend the SDF. Ja'din is situated close to the airforce basis of Al-Tabaqa, which the USA have, in May 2017, rented by the Kurds for 10 years. At the 20.06.2017, Russia has announced, that now any flying objects to the West of the Euphrates river are taken will be targeted, and Russia has suspended for circa 3 days the coordination with the USA of their airforce deployments in Syria intended to prevent direct clashes with the USA. Also Al-Tanf is situated to the West from the Euphrates.
That the incidents at Al-Tanf and at Ja'din each have been justified in the name of even the whole ad hoc alliance „International Alliance in the Fight against Isis“, shows how close the NATO and also Deutschland have stood before being drawn into the last escalation.
The legal document of the 03.07.2017 has, in addition to that, warned, that His Excellency, the Saudian Defence Minister and Crown Prince, had, according to media reports of the 23.06.2017 and of the 27.06.2017, announced, that he would set „an ultimatum“ to Russia because of Russian attacks on the „Free Syrian Army“ (FSA), and had told, that Saudi-Arabia had the „military means“, „to destroy the Russian troops in Syria within three days.“
Saudi-Arabia is a nuclear power since 2016 (section VII.2.12.2 of the constitutional complaint).
Furthermore, at the 27.06.2017, Sean Spicer, the then speaker of the White House, conjectured, that a further chemical weapon incident might take place at Syria, and Nikki Haley, Her Excellency, the UN Ambassador of the USA, has, in addition to that, warned that for any further chemical weapon attacks against the Syrian civil population would not only Syria, but also Iran and Russia be made responsible. And Great Britain announced at that time, that it would join an US attack on Syria provided that the British parliament would consent. Until the 29.06.2017, the USA had deployed two aircraft carriers in front of the Syrian coast, in order to attack, in the case of a chemical weapon incident, the Syrian air force basis Al-Schayrat. Russia and Syria expected already at the 29.06.2017, that jihadists in the provinces Idlib or Deraa might use chemical weapons in order to then attribute that deployment to the Syrian government, and to provoke this way an attack by the USA. The letter of the 03.07.2017 has, in addition to that, shown, by means of an article of the newspaper „Die Welt“ on the US attack of the 07.04.2017, the significant risk that His Excellency, US President Donald Trump, was threatening to be emotionally manipulated into the escalation by such an incident before any orderly investigation of the guilt.
After the chemical weapon incident at Ghouta of the 21.08.2013, the begin of the escalation to thermonuclear war has been narrowly prevented at the 31.08.2013 in the way, that the US government has just in time cancelled the already prepared US airstrikes, after having got to know about the the Russian threat to retaliate against Saudi-Arabia and about the already happened stand-by of the Russian airforce for that deployment (sections VII.2.16.1 + VII.2.16.2 of the constitutional complaint).
After the 03.07.2017, the escalation dangers named in the legal document have been decisively reduced, whereas before all sign had pointed to nuclear Armageddon.
It probably has also been crucial, that the escalation has not taken place before the first personal meeting of Their Excellencies, the Presidents of the USA and of Russia, at the 07.07.2017.
At first, there have been the news at the 06.07.2017, that the US army has not moved into the airforce basis Al-Tabaqa in order to prevent clashes with the Syrian army.
The USA have, until the 23.07.2017, stopped any support by their external secret service CIA to the FSA.
At the 18.08.2017, the speaker of the US Foreign Ministry, Heather Nauert, has denied an announcement by the Syrian Kurds, that the USA would stay in Syria for decades, and has announced instead, that the mission of the USA in Syria and Iraq is only t defeat Isis.
In the beginning of September, US general Raymond Thomas has admitted that the presence of US troops in Syria violates international law. And His Excellency, the Russian Foreign Minister Sergej Lawrow, has hinted that the US troops could stay until the victory against Isis.
Some groups of the 4,500 FSA fighters, which had invaded into Syria near Al-Tanf, have, at the 24.07.2017, cancelled their relations to the „International Alliance in the Fight against Isis“, after it wanted to prohibit them any attacks against the Syrian army. Other groups of the above mentioned FSA fighters are meanwhile withdrawing from Syria, and the British troops have left Syria until the 10.09.2017.
Saudi-Arabia and Russia are working on a significant improvement of their relations. Nothing is being heared of any more of the threats of June 2017.
If a public authority or a court receives pieces of information, which are important for the inner or the outer security, then it has to send a copy to the competent authorities respectively ministries. Reasons for the assumption, that the letter of the 03.07.2017 has been a cause of the prevention of the escalation to world war, are the chronology and the targeted reduction of the named escalation dangers. The legal document has been put online at the 13.07.2017.
The constitutional complaint has, i. a., applied to oblige the Federal Government to apply in the UN General Assembly for an advisory opinion by the International Court of Justice (ICJ), regarding how the interpretation of the EU norms for „humanitarian interventions“ all over the world in the name of „values and interests“ (art. 42 par. 5 TEU) and of „crisis management“ (art. 43 par. 1 TEU) has to be limited in order to make sure, that the prohibition of aggressive war, the legal rank of the UN Charter and the prohibition of the abuse of human rights against the UN Charter, cannot be circumvented by means of these norms:
„How exactly has the interpretation of the norms of the Treaty on the European Union
(TEU) on military interventions for values and interests (art. 42 par. 5 TEU), on military
interventions for interference into crises (art. 43 par. 1 TEU), and the EU clause on
mutual assistance (art. 42 par. 7 TEU), which is still not ratified according to art. 42 par.
2 subpar. 1 TEU, each to be limited into conformity with the UN Charter and with the
Universal Declaration of Human Rights (UDHR), in order to completely exclude any
possibility to violate art. 2 par. 4 UN Charter, art. 103 UN Charter, or art. 29 no. 3 UDHR,
by means of these norms, and in order to, at the same time, exclude the risk of
voidness of the TEU according to art. 53 Vienna Convention on the Law of Treaties
because of incompability with the UN Charter and with the UDHR, which belong to the
'ius cogens' ?“
This question can get on the table again with a constitutional complaint against a further prolongation of the German Syria mandate as well as by a future government.
The constitutional plaintiffs of 2 BvR 576/16, 2 BvR 2174/16, and of 2 BvR 1400/17 have contributed more to the preservation of world peace than all parliamentarians of the Bundestag together. The latter have even not carefully investigated the legal foundations for combat deployments of the Bundeswehr and the escalation risks.
The constitutional complaint of the 17.06.2017 has already been the third attempt, with partly different plaintiffs, to stop the unlawful Syria deployment and the escalation risks of the conflict. The attitude of refusal by specific judges at Karlsruhe has already become a
safety risk of its own.
Volker Reusing and Sarah Luzia Hassel-Reusing have meanwhile, with support by Wolfgang Effenberger and Dr. Petra Plininger, started the petition „Stoppt den Grundrechtsboykott“ („Stop the boykott of the basic rights“) with a draft bill to close the loopholes, which today still de facto enable the Constitutional Court to avoid the application of orderly invoked basic rights and human rights.
Sarah Luzia Hassel-Reusing, Thorner Str. 7, 42283 Wuppertal, 0202/2502621
link to the constitutional complaint and to legal documents on it
links regarding the escalation danger at Al-Tanf
https://deutsch.rt.com/der-nahe-osten/52706-usa-schiessen-bewaffnete-syrische-drohne/links regarding the escalation danger at Raqqa
links regarding the Saudian war threats against Russia
links regarding the escalation danger of chemical weapons incidents
https://de.sputniknews.com/politik/20170629316370330-usa-schiffe-flugzeuge-syrien/link regarding deescalation at Raqqa
link on the stop of the CIA support to the FSA
links on statements by the USA regarding willingness to retreat for the time after the victory against Isis
http://www.epochtimes.de/politik/welt/us-general-us-praesenz-in-syrien-istvoelkerrechtswidrig-nach-sieg-ueber-is-kann-russland-die-usa-ausladen-a2205041.htmllinks regarding deescalation at Al-Tanf
links regarding deescalation between Saudi-Arabia and Russia
petition „Stoppt den Grundrechtsboykott“ („Stop the boykott of the basic rights“)