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After speaking a bit with my professors and I have grasped this:

a) Sudan has the responsibility during all circumstances for the protection of civilians.

b) UNAMIS is of course also bound by international law to abide by humanitarian law

c) There is a legal basis for intervention

d) The invitation of Sudan is solely a diplomatic opening

However:
There seem to be some legal discussions wheter the resolution is a clear chapter VII or more like chapter VI and a half.
There is a trend, as seen in Lebanon and other, that one use the wordings and language of a chapter VII mission but in a VI resolution. Apparently the deal is, that this gives the force the possibility of pulling out if the missions turns out to be a disaster. That is a lot more difficult with a chapter VII mission, since you are almost legally bound to finish the job.

I am sorry that I am not able to give a clear answer. I am investigating more, and will hopefully return with a clear answer. If there is one.

For me though, it seems like a clear chapter VII.


Andreas The Oslo Blog - www.akiaby.dk

by The Oslo Blog (andreas.kiaby@gmail.com) on Mon Sep 11th, 2006 at 09:34:37 AM EST
[ Parent ]
If and when you get a clear answer it would make a great diary.

Nothing is 'mere'. — Richard P. Feynman
by Migeru (migeru at eurotrib dot com) on Mon Sep 11th, 2006 at 09:50:47 AM EST
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