 It's just as well. You didn't ask anything about me personal because as you know once you get a professor started talking about themselves That would have taken up the whole hour. I'm sure thank you very much though for that generous introduction and Thank you also to the members of the Association for Baha'i Studies Executive Committee for giving me the opportunity to be at this wonderful gathering. I Was thinking as we were experiencing That great tribute to Patricia Locke How fitting it is that my talk should follow a tribute to such a giant of our faith and such a great champion of human rights especially for indigenous peoples and for women Because my talk is about how to put the principles that Patricia Locke stood for into action I'm going to speak on the subject of protecting the human family humanitarian intervention international law and Baha'i principles and I have a confession to make before I really get started here. I Am a lawyer And as you probably know the very last person in the world you would go to for advice about ethics Or especially spiritual values is a lawyer Perhaps you're familiar with the lawyer who just passed away a couple weeks ago went to heaven next world and The angel at the gates of heaven or as we would say The Abha kingdom greeted him warmly welcomed him and was taking him down a long corridor to show him to his new Accommodations and as he walked along this corridor he passed many open doors and He saw these tiny cubicles in which were priests moulas members of study circles even And They were lying on these bear cots in these tiny six by six cubicles Even passed by a cubicle in which he saw mother Teresa and she didn't even have a bed She was lying on the bear floor Then he came to the end of the corridor and the angel announces and here is your room And he opens the door there is a magnificent king-sized bed beautiful view She even gave him a little code that he could punch in to use an indoor swimming pool And he turned to the angel. He said I don't understand I mean mother Teresa all of these great people of God How can they get these terrible accommodations and I get this beautiful room and the angel turned to him and said She says well, you know, we get spiritual people all the time, but you're the first lawyer we've ever had So I will try to overcome my handicap my ethical handicap here as a lawyer And talk about how we can make law and international law more ethical in keeping with the Baha'i vision As so eloquently conveyed by the theme of this very conference long-term solutions to the many vexing problems facing the world including the problem of preventing and ending human rights abuses Which I will address in my remarks must ultimately be inspired By spiritual principles in its visionary statement the promise of world peace issued in 1985 The Universal House of Justice provided the following guidance There are spiritual principles or what some might call human values By which solutions can be found to every social problem The essential merit of spiritual principle is that it not only presents a perspective Which harmonizes with that which is imminent in human nature It also induces an attitude a dynamic a will an aspiration Which facilitate the discovery and implementation of practical measures Leaders of governments and all in authority would be well served in their efforts to solve problems If they would first work to identify the spiritual principles involved and then be guided by them What I would like to do this morning is to attempt to follow this guidance of our supreme institution First I will explore the moral and legal problems raised by the recent Experiments of the world community with using some kind of military force to come to the rescue of human rights victims What I will refer to as humanitarian intervention Second I will briefly review a variety of ethical principles in the Baha'i writings that bear on these problems And then third and finally I will offer my own personal perspective on how these principles might help us discover and implement Practical measures to reform existing international law so that it can help us better protect all members of the human family Let me first consider the problem of human rights violations in the contemporary world The last century and even the last decade has witnessed some of the worst atrocities against innocent populations That the world has ever known In its 2000 RIS 1 message the Universal House of Justice observed in surveying the state of the world during the four-year plan 1996 to 2000 That wars fomented by religious political racial or tribal conflict raged in some 40 places Sudden total breakdown of civil order paralyzed a number of countries Terrorism as a political weapon became epidemic and a surge of international criminal networks raised alarm Genocide war crimes and torture have become rampant in many parts of the globe We also see evident often less visible in The media at least but no less insidious and destructive human rights violations Such as the perpetuation of racism which the Universal House of Justice has called one of the most baneful and persistent evils the inordinate disparity between rich and poor and This continued subjugation of women in many cultures Furthermore violations of the right to religious freedom are on the rise in this connection the statement of the Universal House of Justice Issued to the world's religious leaders in April of this year Refers to the horrors being visited upon hapless populations today by outbursts of fanaticism that shame the name of religion Despite the ubiquity of human rights violations and atrocities today The 20th century also witnessed groundbreaking efforts on the part of the international community to institutionalize safeguards of basic human rights in international law More importantly toward the end of the century. It saw attempts however sporadic By the international community to enforce these standards through military action in cases of shocking violations that attracted the attention of the great powers With respect to standards the UN Charter adopted in 1945 for the first time in a multilateral Treaty affirmed that all human beings have equal rights and Called upon UN members to promote and safeguard those rights the universal declaration of human rights adopted by the UN General Assembly in 1948 Attempted to specify the moral rights to which all human beings as members of one human family are entitled to enjoy Eventually many of the rights mentioned in the declaration were codified in human rights treaties Which in principle impose binding legal obligations on the states that ratify them these treaties and conventions multiplied in the last five decades of the 20th century Indeed there has been a veritable explosion in international human rights lawmaking a Truly stupendous achievement in a remarkably short period of time The Universal House of Justice itself has commented favorably on this human rights revolution in the promise of world peace It referred to these human rights treaties and declarations and called for their widespread expansion in more importantly courageous enforcement Furthermore the impressive document century of light Written under the supervision of the Universal House of Justice affirms that together with world peace the need for the International community to take effective steps to realize the ideals in the Universal Declaration of Human Rights and its related covenants is An urgent challenge facing humanity at the present moment in its history in fact Another important development during the 20th century was the use of UN authorized collective military action to defend human rights victims This development Accelerated in the last decade of the century and will come to be seen I believe in hindsight as one of the most important signs of the achievement of the lesser peace It represented an attempt I'll be attentive To courageously enforce international human rights law and make it more than a mere paper promise Let me recount here just a few examples of humanitarian intervention in the last decade in 1992 famine ravaged Somalia Exacerbated by civil war and the systematic looting of humanitarian relief by bandits and rival factions The United States offered to provide troops to protect humanitarian relief with UN authorization, which it did and The US-led coalition operation was followed by a UN commanded peace force That was the first UN peacekeeping mission authorized to use force for purposes other than the self-defense of the participating military personnel And I should just mention here. It's particularly appropriate to be speaking here so close to the Lester B. Pearson international airport Because Lester B. Pearson was one of the one of the architects of the system of UN peacekeeping Which has contributed to saving so many lives and preventing so many conflicts Also in the early 1990s the state of Yugoslavia disintegrated as former republics sought independence ethnic groups led by cynical Prejudiced leaders jockied for domination and sought to repress and even extinguish members of long-hated rival groups The UN deployed a peacekeeping force to the region But failed to give it a strong mandate and military capability suited to the state of war and horrific campaign of so-called ethnic cleansing into which it was inserted UN troops failed to prevent many massacres Including most famously the slaughter of thousands of Bosnian Muslim men and boys at Shrebrenica in the summer of 1995 in Hindsight UN officials including secretary general Kofi on on himself have acknowledged that the lesson of this experience Is that intervention to protect victims of such a systematic campaign of persecution and extermination must be swift and forceful in Rwanda in April 1994 a calculated campaign of genocide was unleashed by Hutu leaders against the Tutsi population in that country The world watched in horror But at first the UN Security Council refused to authorize intervention Indeed the Security Council decided to decrease rather than increase the size of the small peacekeeping force that already happened to be stationed in the country and I should mention that that was In contravention of the desperate pleas of the commander of that mission Canadian Lieutenant-General Romeo de Lair Who I think for the rest of his life will be Terrified by the images he witnessed and the sense of helplessness that he experienced there That inaction exacted a terrible toll in a few short months nearly 1 million Tutsi were slaughtered often in the most sadistic ways imaginable in the last few years the UN and many other international institutions Not to mention governments such as that of the United States Feeling a sense of shame at their complacency Have soberly reflected on their behavior and concluded that they should have taken more decisive and Courageous action to prevent the genocide in Rwanda and have vowed to do better in the future Perhaps in part because of this apparent vow when the government of Yugoslavia appeared to be launching a new campaign of ethnic cleansing against the Kosovo Albanian population in the Serb province of Kosovo in early 1999 Members of NATO decided that forceful military action against that government was required to prevent massacres on the scale So recently witnessed in Bosnia Because disagreement was viewed as forthcoming From the governments of Russia and China which wielded vetoes on the UN Security Council They did not seek Security Council authorization for such an operation Indeed for several months NATO forces pounded Serbian cities with bombs a Massive refugee crisis ensued but eventually the government of Yugoslavia Agreed to a UN approved peace plan which included the placement of Kosovo under temporary UN administration and the deployment of a NATO-led military force in Kosovo known as K4 Many governments while happy that the immediate human rights crisis was resolved by the NATO action Felt that it was nevertheless illegal under the UN Charter and may have used force excessively against civilians Most recently the Security Council approved the deployment of a security force in Afghanistan After the US-led military campaign aimed at ousting the terrorist al-Qaeda organization From that country and installing a new government Many other examples of humanitarian intervention may also be cited from the last decade including interventions in Haiti East Timor and Sierra Leone Alongside these military experiments the UN fostered the creation of new international courts and tribunals To try individuals accused of genocide war crimes and crimes against humanity During the Yugoslav conflict the Security Council created the international criminal tribunal for Yugoslavia to try such crimes committed in the territory of the former Yugoslavia and It created a sister tribunal the international criminal tribunal for Rwanda to try similar crimes committed as part of the Rwanda conflict Perhaps most importantly the United Nations in 1998 facilitated the adoption of the statute of the International Criminal Court the world's first standing international criminal court Empowered to try individuals for gross violations of the basic norms of human decency The statute obtained the necessary ratifications to enter into force just two months ago and the court came into existence in July of this year The experiments with humanitarian intervention I have mentioned despite their shortcomings and failures Reflected a new willingness on the part of the international community to come to the rescue of those persons who have experienced the most flagrant of human rights abuses in its 2000 Rizwan message the Universal House of Justice pointed out perhaps with these Examples of collective humanitarian intervention in mind that during the period 1996 to 2000 Attempts at implementing and elaborating the methods of collective security were earnestly made Bringing to mind one of Bahá'u'lláh's prescriptions for maintaining peace The Universal House of Justice has likewise praised the establishment of the International Criminal Court Noting in the same message that this action accords with the high expectations These moral and political developments relating to humanitarian intervention have occurred within an ambiguous international legal framework That ambiguous framework in turn reflects a great deal of moral confusion About the propriety of such intervention and the institutions that should regulate it Let me highlight here five important legal issues First humanitarian intervention which necessarily involves intervention within a sovereign state With the ostensible purpose of preventing or stopping human rights violations forces us to confront a conflict in International law in general and in the UN Charter in particular between human rights on the one hand and state sovereignty on the other Article 2 paragraph 7 of the Charter provides that nothing in it shall authorize the United Nations to intervene in matters Which are essentially within the domestic jurisdiction of any state But it does go on to declare that this principle shall not prejudice the application of Enforcement measures under chapter 7 now. I'll refer to chapter 7 in just a moment On the other hand in articles 55 and 56 the UN Charter Simultaneously imposes duties on UN member states to take joint and separate action in cooperation with the organization For the achievement of the purpose among others of the promoting universal respect for and observance of human rights and fundamental freedoms for all As I've already mentioned these human rights were later elaborated in the 1948 Universal Declaration of Human Rights And have been codified in many human rights treaties But it is not clear how to reconcile this fundamental conflict between the assertion of state sovereignty as a foundational principle of the UN on the one hand and this obligation to protect human rights on the other Second the practice of humanitarian intervention in the last decade brings to the fore The legal question of whether the use of force is appropriate or justified or whether peaceful Negotiations are legally the preferred method of stopping civil wars and human rights atrocities The UN Charter in general calls for the peaceful settlement of disputes Between states and it prohibits the use of force by one state against another except in self-defense or as part of Security Council authorized collective security action Which is provided for as I've mentioned by chapter 7 of the UN Charter But collective security action under the UN Charter was originally envisioned exclusively or at least primarily as a means of protecting the security of states not people Accordingly international lawyers Arguing as they always do Are sharply divided on the issue of whether the Charter authorizes the Security Council to mandate the use of force to protect human rights victims Furthermore many policy makers as well Believe it in the long run the use of force simply produces more conflict and more pain for the very people It is claimed to protect on The other hand in the cases of Bosnia and Rwanda for example Many critics maintain that a more forcible response by UN peacekeepers was required in order to forestall The orgy of bloodshed that occurred in those troubled lands Third the new experiments with humanitarian intervention have highlighted the problem of whether the UN and its member states are Obligated to intervene to prevent genocide mass killings or other widespread and severe violations of human rights While the UN Charter imposes on the Security Council an apparent duty to decide on measures necessary to maintain or restore International peace and security it is completely silent on the question of whether there is any kind of obligation on states or the United Nations Legal or moral to intervene in the case of gross human rights violations fourth Humanitarian intervention authorized by the Security Council has raised weighty questions about its voting procedure and the method that it uses to take decisions and Any decision of the council requires not only nine affirmative votes out of 15 members But no negative votes by any of the five permanent members China France Great Britain Russia and the United States Thus any single permanent member can veto and prevent action by the Security Council Vetoes or threatened vetoes have often prevented Security Council action with respect to gross human rights violations for example in the case of Rwanda and Also in Kosovo This raises the question is the veto ethically or legally justified Furthermore the Security Council is a primarily political body makes decisions concerning humanitarian intervention after extensive bargaining and compromises Many of which are aimed at placating the permanent members But the result of such a process has been decisions that many observers criticize as Inconsistent and as biased towards the interests of the permanent members For example a willingness to intervene in Eastern Europe, but not in Africa Fifth and lastly the NATO intervention in Yugoslavia without the authorization of the UN Security Council Forces us to confront the question of whether intervention without the blessing of the council can ever be legal In this connection article 2 paragraph 4 of the UN Charter prohibits the use of force by any UN member state Against the political independence or territorial integrity of any other state and Under chapter 7 of the Charter only the Security Council can authorize Enforcement action in the case of a threat to the peace breach of the peace or act of aggression Although article 51 as I've mentioned allows each state to exercise a right of self-defense Until the Security Council has taken appropriate measures Furthermore articles 52 through 54 of the Charter relate to regional security arrangements and organizations Article 53 in particular provides that no enforcement action shall be taken under regional arrangements or by regional agencies Without the authorization of the Security Council Taken together do these provisions prohibit humanitarian intervention by a state or regional organization if it has not been authorized by the council? Well, how can we resolve these legal problems? Ultimately these legal questions relate to moral issues and to fundamental spiritual values They can only be resolved through a reference to a sophisticated framework of moral and spiritual principles The Baha'i writings can help us can help to provide such a framework of principles and we can speculate on how these legal problems May be resolved in the future as these Baha'i principles are gradually recognized and internalized by world leaders I Now turn to a brief consideration of a number of important Baha'i ethical and spiritual principles that appear to me to be directly relevant to the legal questions that I've just mentioned Many of these principles are also reflected in the sacred scriptures of other faiths as I have demonstrated in my book Rethinking humanitarian intervention Of course the first and most important relevant Baha'i principle is that of unity and diversity The pivotal teaching of Baha'u'llah is the fundamental unity of humankind Baha'u'llah proclaimed the well-being of mankind its peace and security are Unattainable in less and until its unity is firmly established At the same time the Baha'i writings indicate the legitimacy of identification with one's family nation and religious community But they stress that human beings morally ought to recognize above all their membership in one human family The Baha'i writings thus emphasize that the central Baha'i principle of the oneness of humankind Can conflict with no legitimate Allegiances nor can it undermine essential loyalties Its purpose is neither to stifle the flame of a sane and intelligent patriotism in men's hearts Nor to abolish the system of national autonomy so essential if the evils of excessive Centralization are to be avoided Its watchword is unity in diversity The Baha'i writings also emphasize respect for fundamental human rights of all members of the human family Including women as a foundational ethical principle For example in numerous passages the Baha'i writings stress the omnipresence of human rights violations by governments In the words of Abdul Baha, which are just as applicable today as they were when he wrote them Kings and rulers had been able to control millions of human beings and have exercised that dominion with the utmost despotism and tyranny This reality must be transformed According to the Baha'i writings through the adoption and implementation of international human rights standards In this connection Abdul Baha stated quite presciently given the later human rights revolution of the 20th century Bahá'u'lláh taught that an equal standard of human rights must be recognized and adopted The Baha'i writings further emphasize the importance of taking action to protect the human rights of others For example Baha'u'lláh enjoined individuals not to tolerate violations of human rights Including violations of the rights of women He said as the friends of God do not allow themselves to be the object of cruelty and Transgression in like manner. They should not allow such tyranny to visit the handmaidens of God and He instructed all human beings to be as a lamp Unto them that walk in darkness a joy to the sorrowful a See for the thirsty a haven for the distressed an Upholder and defender of the victim of oppression The Baha'i writings also suggest the imperative of prosecuting and punishing individuals who commit egregious Assaults upon the human rights of others so as to protect the human community In this connection Abdul Baha indicated that human rights violators must be dealt with justly not compassionately Kindness he said cannot be shown the tyrant the deceiver or the thief Because far from awakening them to the error of their ways It maketh them to continue in their perversity as before The Baha'i writings furthermore advocate a trust theory of government under which governments are to exercise their powers as trustees for the benefit of the people and a corresponding limitation of absolute state sovereignty Bahá'u'lláh called upon rulers to recognize their duty to aid the oppressed and safeguard human rights He declared For is it not your clear duty to restrain the tyranny of the oppressor and to deal equitably with your subjects? That your high sense of justice may be fully demonstrated to all mankind God have committed into your hands the reigns of the government of the people that you may rule with justice over them safeguard the rights of the downtrodden and punish the wrongdoers Abdul Baha explicitly emphasize the importance of governments ensuring the free exercise of the individuals rights and the security of his person and property For these and other reasons according to the Baha'i writings the world's leaders must abandon an extreme doctrine of state sovereignty In the words of Shoghi Effendi The anarchy inherent in state sovereignty is moving towards a climax a world growing to maturity must abandon this fetish recognize the oneness and wholeness of human relationships and Establish once for all the machinery that can best incarnate this fundamental principle in its life The Baha'i writings also repeatedly stressed the importance of open-minded consultation as we heard today from our very distinguished member of the Continental Board of Counselors consultation among individuals and all social institutions as a means of solving problems and discovering solutions to those problems Abdul Baha described consultation as follows Consultation must have for its object the investigation of truth He who expresses an opinion should not voice it as correct and right take that lawyers. I got a lot of learning to do But rather set it forth as a contribution to the consensus of opinion For the light of reality becomes apparent when two opinions coincide Before expressing his views, I also have a lot to learn here He should carefully consider the views already expressed by others If he finds that a previously expressed opinion is more true and worthy He should accept it immediately and not willfully hold to an opinion of his own By this excellent method. He endeavors to arrive at unity and truth Another essential ethical principle in the Baha'i writings is that of the peaceful resolution of disputes Bahá'u'lláh declared. Oh ye beloved of the Lord In this sacred dispensation Conflict and contention are in no wise permitted Every aggressor deprives himself of God's grace The Baha'i writings furthermore evidence an ethical principle of respect for treaties and international law For example, they call for the conclusion of a binding collective security treaty with severe sanctions Against violating states thereby suggesting the sanctity of international treaty obligations Abdul Baha affirmed that the sovereigns of the world must conclude a binding treaty and Establish a covenant the provisions of which shall be sound Inviable and definite in this all-embracing pact the limits and frontiers of each and every nation should be clearly fixed The principles underline the relations of governments towards one another Definitely laid down and all international agreements and obligations ascertained The Baha'i writings also support the progressive development of international law by calling for the establishment as we know of a world federation of independent states in which the autonomy of its state members and the personal freedom and initiative of the Individuals that compose them are definitely and completely safeguarded this statement of Shoghi Effendi Indicates that one of the purposes of this federation will in fact be to protect human rights This world federation will include an international court a democratically elected world parliament and also a world police force in the words of Shoghi Effendi a World executive backed by an international force will carry out the decisions arrived at and Apply the laws enacted by this world legislature and will safeguard the organic unity of the whole Commonwealth As I have just noted at the same time that he advocated peaceful relations among states Bahá'u'lláh called for the implementation of a system of collective security to deter aggression by one state against another He called upon world leaders to consult on establishing the world's great peace amongst men Should any king take up arms against another all should unitedly arise and prevent him If this be done, the nations of the world will no longer require Any armaments except for the purpose of preserving the security of their realms and of maintaining internal order within their territories This will ensure the peace and composure of every people government and nation There is also some evidence in the Bahá'u'lláh writings of support for certain just wars Undertaken by a single state at least pending the establishment of a system of global collective security Such action might be undertaken as a last resort to stop an aggressor or end civil strife claiming the lives of innocents In particular Abdul-Bahá stated and this also comes from his Masterful guide to civilization that we heard about earlier the secret of divine civilization There are times when war becomes the powerful basis of peace and ruin the very means of reconstruction if for example a high-minded sovereign marshals his troops to block the onset of the insurgent and the aggressor or again if he takes the field and distinguishes himself in a Struggle to unify a divided state and people If in brief he is waging war for a righteous purpose Then this seeming wrath is mercy itself and this apparent tyranny The very substance of justice and this warfare the cornerstone of peace Today the task of fitting great rulers is to establish universal peace For in this lies the freedom of all peoples When war is undertaken either legitimately or illegitimately according to Bahá'í principles The Bahá'í writings promote the humane conduct of that war They repeatedly condemn in humanity and cruelty in war Nevertheless the Bahá'í writings do indicate that sufficient force must be used against the government, but apparently not the people violating the comprehensive and Synchro-sanct collective security treaty envisaged in the writings in the words of Abdul Bahá'í The fundamental principle underlying this solemn pact Should be so fixed That if any government later violate any one of its provisions all the governments on earth should arise to reduce it to utter submission Nay, the entire human race as a whole should resolve with every power at its disposal to destroy that government Should this greatest of all remedies be applied to the sick body of the world It will assuredly recover from its ills and will remain eternally safe and secure Finally and most directly relevant to the subject of humanitarian intervention There is evidence in the Bahá'í writings of support for the proportionate use of military force to rescue victims of extreme human rights violations In this connection Abdul Bahá'í stated the communities must protect the rights of man So if someone assaults injures oppresses and wounds me I will offer no resistance and I will forgive him But if a person wishes to assault someone else Certainly, I will prevent him Bahá'u'lláh too Instructed all human beings as we have seen to be an upholder and defender of the victim of oppression One passage from the writings of Bahá'u'lláh might be interpreted as endorsing collective military intervention for purposes of preventing gross human rights abuses Bahá'u'lláh exhorted all the rulers of the earth to unite to implement a system of collective security In describing this system he affirmed We fain would hope that the kings and rulers of the earth the mirrors of the gracious and almighty name of God may attain unto this station and Shield mankind from the onslaught of tyranny What are the implications then of these Bahá'í principles for humanitarian intervention and for the legal problems that I identified earlier first It seems clear that the Bahá'í writings are adamant in establishing the Responsibility of the entire international community to care for and protect By military force if necessary all members of the human family They are not strictly pacifist But the Bahá'í principle of consultation also indicates that any military responses to human rights violations Must be the product of careful and considered consultation among all the governments of the world Or at least as many of them as possible and must not merely reflect the selfish political interests of the most powerful states Furthermore, we know from Abdul Bahá'u'lláh's call for a comprehensive multilateral treaty addressing many global problems Including we can imagine gross violations of human rights That's such a treaty explicitly permitting humanitarian intervention under certain circumstances And with a collective decision must ultimately be negotiated This enterprise might take the form of a revision of the UN Charter Or it might involve the negotiation of an entirely new treaty in any case It is a goal that we must constantly encourage present-day governments to pursue With respect to many of the conflicts among principles and doctrines evident in contemporary international law Bahá'í ethical principles can point the way towards possible solutions to these conflicts First on the problem of reconciling the principle of state sovereignty in the UN Charter With human rights obligations under international law Bahá'í principles indicate that respect for the that while respect for the fundamental autonomy of states is essential Such respect can in no wise affect their moral obligations to rule justly and respect fundamental human rights When governments fail to fulfill their clear duty in the words of Bahá'u'lláh To restrain the tyranny of the oppressor and to deal equitably with their subjects Sovereignty cannot be used as a shield to excuse them from fulfilling this duty The legal provisions of the UN Charter ought to be interpreted in light of these moral principles Which are also apparent in the teachings of other religions Second on the resolution of competing principles in the UN Charter calling on the one hand for the peaceful resolution of disputes on the other For collective security action in response to a threat to the peace The Bahá'í writings clearly urge multilateral peaceful methods of conflict resolution They indicate that the presumption should always be in favor of such methods particularly those that involve genuine and Open-minded consultation with all relevant parties and that includes human rights victims themselves and members of historically suppressed groups like indigenous people and women But the writings also envisage the need for an ultimate option of a multilateral military deployment by an international police force We can surmise therefore that in certain circumstances Bahá'í principles would endorse as already suggested the multilateral measured use of force against a state as a last resort if Necessary to prevent widespread and severe violations of essential human rights They would also endorse the establishment of a permanent rapid reaction force Such has been proposed by many scholars and governments including. I'm happy to say the government of Canada This rapid reaction force would have the capability to respond quickly to urgent human rights crises However any uses of military force to put an end to human rights violations Must comply with existing legal limits aimed at protecting civilians both because of the principle in the Bahá'í faith of respect for treaties and international law and because such limits according to the Bahá'í writings are a moral imperative At the same time that military intervention has a place as an emergency measure It must be part of a multifaceted approach to human rights problems that includes judicial processes and moral education It is clear from the Bahá'í teachings that perpetrators of human rights atrocities must be apprehended prosecuted and prevented from carrying out such unspeakable deeds again It is for this reason that our own supreme institution has indicated that the establishment of the new international criminal court Accords with Bahá'í principles and expectations It is also clear from the Bahá'í writings that long-term solutions to human rights crises must include The education of all individuals, but especially children and youth in the foundational principle of the unity of the human family As well as the human rights concepts that principle entails And as you know from reading Century of Light The Bahá'í communities around the world are working with their governments to develop human rights curricula Third on the question of whether there is a legal obligation to intervene the Bahá'í passages I referred to earlier Suggest there is at least a strong moral obligation to come to the defense of victims of oppression to use the words of Bahá'u'lláh By all appropriate means which depending on the circumstances may or may not warrant the use of military assets It is imperative that this type of moral obligation, which is articulated in the scriptures of other religions as well Be universally recognized and used to guide interpretation of the legal duties prescribed by the UN Charter And indeed I would suggest they indicate That the United Nations does indeed have a legal duty to intervene in the most egregious cases Fourth on problems relating to the Security Council's decision-making process Bahá'í principles strongly indicate that the veto cannot enjoy moral legitimacy Because it grants a permanent privilege position to some states over others and can impede effective collective action Against gross human rights abuses simply because of the self-interests of one of the permanent members Indeed as long ago as the 1950s the Bahá'í international community called for elimination of the veto Members of the Security Council must also be trained gently educated In the principle of consultation and of course I am the last one to do that But those of you who actually know how to practice consultation are in a much better position to do that Members of the Council must come to see themselves as trustees for the entire world community Who must consult openly and earnestly with one another to devise the most appropriate responses to severe human rights violations Regardless of their self-interests in the matter at hand Too often they have viewed their council seat as simply another opportunity to pursue politics as usual Such practices erode the legitimacy of the council Fifth and finally on whether uses of force for humanitarian purposes should require the prior authorization of the UN Security Council The ethical principles of consultation and of human unity strongly imply the moral desirability of consultation among the states of the world especially about a morally complex issue like humanitarian intervention These principles suggest that morally and legally Attempts should be made to work through mechanisms like the UN Security Council that states Intended to be primarily responsible for international peace and security They imply that the apparent plain meaning of the legal prohibitions in the Charter on Non-defensive military action not authorized by the Security Council ought to be upheld and respected But because of the potential for the council to be stymied by the veto and At least pending the establishment of the type of multilateral comprehensive treaty foreseen in the Baha'i writings It is possible that in extreme circumstances After exhaustive diplomatic attempts have been made to work through the council and that may not have been done in past cases Individual states may be morally entitled to respond with the minimal amount of force required to thwart extreme human rights violations such as genocide They may be morally entitled even though this intervention is illegal Such an exception is at least implied by the statement of Abdul Baha Referring to the permissibility of action in certain cases by a high-minded sovereign to conclude I have attempted in this brief presentation by law professor standards I Have attempted in this brief presentation to give my own personal view of how Baha'i principles can point to changes in our understanding of existing international law as it relates to humanitarian intervention and As well as to long-term reforms in the international legal systems ability to assist human rights victims in the long run the countries of the world need to seek to reform contemporary international law so that it addresses the problem of humanitarian intervention and its legality explicitly in ways that accord with Baha'i principles as These principles many of which are also promulgated by the scriptures of other religions gain wider acceptance We can hope that the leaders of the world will rise to the challenge and adopt the far-reaching reforms implied by these principles But we must not only hope for this result We must earnestly endeavor to bring it about Again in the words of the theme of this conference to put spirit into action Our suffering brothers and sisters around the globe deserve no less Thank you very much Which is unheard of for for a professor So we have ten minutes. I understand and I would be happy to Respond to questions that you might have about this subject Is there by any chance of microphone that has been set up for people to? Ask questions if not just shout Yes, the question is what about the danger that a humanitarian intervention could lead to a wider war potentially a world war for example, what if Russia had Invaded Yugoslavia in defense of the Serbs for example and that is an excellent point and That is precisely why we need to have a multilateral treaty creating a mechanism that it may resemble the current system under which the UN Security Council has exclusive Authority to decide when force is appropriate or it it may not it certainly won't have the veto we know that much But that is why we need a collective decision-making mechanism to avoid unilateral interventions that merely serve the interests of a particular Government and that indeed could simply lead to a worldwide war and I think Really of all the principles I mentioned I think the most urgent one that we need to share is that of consultation because that that comes the hardest and At the same time when we look at world events today We see they can only these world problems can only be solved through truly open-minded consultation not Unilateral action which can of course provoke Conflict yes Yes, that's a good question. I'll repeat it the question is We have a convention against genocide which I did not have the chance to mention that was also by the way adopted in 1948 just a day before the Universal Declaration and Doesn't this treaty require? parties to it to intervene in cases of genocide and wouldn't that treaty have required Parties which included actually the United States Canada to intervene in Rwanda and This is actually a fascinating question. I do address in my book. So I'll use that as an opportunity to mention that I Will I will not spill all the beans? But what I conclude from a lawyer standpoint is that what the genocide convention requires is that every effort be made to Respond to the genocide Because of these conflicting moral principles of peaceful resolution of disputes versus use of force though I Maintained that you can't categorically say there's a legal obligation to intervene militarily There's a legal obligation to work through the UN the Security Council to do everything you possibly can to stop the genocide That may involve legal action, but not in every single sorry military action, but not in every single case Yes Okay, I don't know And the mechanisms are there within the UN but for the Baha'is to be so bold as to have a delegation From the international community go and directly speak to the UN Council about the practice of consultation And to provide within the UN headquarters workshops on consultation Well, that's the question is would it be possible for the Baha'i community perhaps through the behinder national community office at the UN to Provide workshops on consultation For government officials. I think that's a wonderful idea What's fascinating as you know from reading century of light However, is that already the Baha'i community is being looked to as a model of how to engage in consultation Certainly by its peers other non-governmental organizations. That is why for example Baha'i representatives have been elected to hold Facilitating positions on many NGO committees It's really incredible The stature In which the Baha'i international community is now held at the UN because it is a model of consultation So perhaps the best way is to is to exemplify it But you know, I think it's not out of the question But at some point governments may finally come to the Baha'is and say yeah We also need to learn we want some actual classes on consultation and of course now that we have training institutes And wonderful new curriculum materials including on consultation That may be another opportunity to share those principles directly With government representatives The woman back there why I should have talked to all of you before I wrote my book Another excellent question, which is if I'm saying that a basic principle is exhausting peaceful means of settlement Before any military action is taken doesn't that rule out early deployment of a rapid reaction force and How does one reconcile that apparent conflict and I don't have an easy answer to that but Actually, I do believe that there are there are cases where there is no time for consultation that consultations not possible Rwanda was such a case and That's where you may need immediate military action and that by the time you let traditional Conflict resolution mechanisms Play out as the UN certainly attempted to do it's too late One distinction we have to draw by the way when we talk about military force is Between different degrees of military force and different missions for military force says that is to say personnel That's on a continuum. You know, we tend to think black and white We always think in terms of large-scale invasions and bombings But there could be simply a stationing of 5,000 troops in Rwanda As there actually were they wouldn't have to do anything just being there could by itself be enough to prevent A slaughter and indeed lieutenant general de laire has publicly said he believed that if he could have gotten You know 5,000 soldiers just to be there in Rwanda that would have been And gotten them, you know together at the right places where the outbreaks Were occurring he the genocide essentially could have been prevented just by their presence So we have to keep that. Yes. This is a very there are many many options many decisions that have to be made It's morally complicated. That's why we need consultation. That's why consultation is so critical Okay, just one more question. This is the last one That was the last one No more consultation You