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(TALKZIMBABWE) Zim sanctions illegal, says some EU members

Zim sanctions illegal, says some EU members
By: Philip Murombedzi
Posted: Sunday, February 6, 2011 10:26 am

THREE confidential diplomatic cables released at the weekend by whistle-blowing website WikiLeaks reveal serious divisions within the European Union over legality of sanctions against Zimbabwe.

President Mugabe and his Zanu-PF party have always maintained that sanctions against Zimbabwe lacked legal value as they were not backed by a United Nations resolution.

The secret dispatch reveals that Germany has always been questioning the legality of the measures, with the UK pushing for their imposition without the appropriate UN resolution.

Greece, Spain and Italy are also unsupportive of the measures as they view them as largely illegal.

One of the cables revealed that "there has been some opposition to additional sanctions amongst EU partners".

"Germany continues to question the legality of some of the instruments, and some of the Southern European states (like Greece, Spain, and Italy) have their 'usual existential problems with sanctions'."

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Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic and/or other sanctions not involving the use of armed force to international military action.

Britain has been on a collision course over the sanctions with these four countries and the British Prime Minister Gordon Brown found it very difficult to get his way over the sanctions issue.

Non-EU countries like Russia and China have also expressed their disdain for the measures saying the situation in Zimbabwe does not pose a threat to international peace and security.

Brown tried and failed, to get the UN Security Council to impose sanctions on Zimbabwe. This means that the measures imposed by the EU and US have remained illegal under international law.

Russia and China used their veto power within the UNSC to block any sanctions against Zimbabwe.

One of the cables reveals that Brown had his "nose bloodied" over the veto and turned to the EU to impose sanctions on Zimbabwe.

UNDERESTIMATED EU OPINION

Another cable leaked on Friday last week also showed that the UK underestimated China's opinion on the situation in Zimbabwe.

Then British minister for Africa, Lord Malloch-Brown thought China would vote against Zimbabwe or at least abstain from a crucial vote on Zimbabwe.

Malloch-Brown was quoted saying: "China will likely do the right thing because it does not want another human rights fight on its hands before the Olympics."

"Russia, however, was more problematic. President Medevev agreed to the G-8 Summit statement that implied sanctions, but seemed to walk back from that in statements he made today," read the cable.

China and Russia later used their veto powers to block the resolution to impose sanctions on Zimbabwe.

The sanctions have, therefore, remained illegal.

Labels: EU, MARK MALLOCH-BROWN, SANCTIONS

posted by MrK @ 7:33 PM